Admission and enrollment of Advocates

Importance of Legal profession

The legal profession plays an important role in the administration of Justice.The lawyer assists
the Court in arriving at a Correct judgement. The lawyer collects legal materials relating to the
case and thereby helps the courts or judge to arrive at a C orrect Judgement.without the
assistance the court or judge to aarive at a correct judgement.Without the assistance of the lawyer
it would be a superhuman tasks for the judges to arrive at a satisfactory judgement.
WHO IS AN ADVOCATE?
An advocate is a person who supports an issue or a cause publicly. In the legal system, an
advocate represents his client in the court of law. An advocate is the most important part of the
legal system of any country. He is solely responsible for the presentation of the case and to bring
justice to the victim through his arguments. The court of law passes its judgment basing upon the
facts and arguments presented by him. He has the ability and skills to either make a case out of
nowhere or to ruin a case. An advocate is also known as the officer of the court because of the
vital role he plays in the judiciary system.

The advocate forms the outline of the case only after meeting the client and knowing the actual
facts of the case. Then the final documentation is made only after going through the facts
thoroughly and interpreting the legal provisions related to it. It is the duty of the advocate to put
the things in the right place so as to form a strong case which favors the client.

How to be an Advocate

Step 1: Bachelor’s degree in Law (L.L.B)

To become an advocate in India, it is compulsory for a person to complete his bachelor’s degree
in law, i.e L.L.B (Legum Baccalaureus). The bachelor degree of law can be either of 3 years or 5
years.

a) Three-year course

One can opt for the three-year course of bachelor’s degree in law after completion of his
graduation, the eligibility criteria for this course is that the candidate must secure at least 50% in
his graduation.

b) Five-year course

A candidate can directly get into the five-year course of bachelor’s degree immediately after
completion of his 10+2. One of the very popular entrance test conducted for this course is CLAT
(Common Law Admission Test). By cracking CLAT he can get into prestigious NLU’s (National
Law University) which are present in most of the state.

Step 2: Enrolment in State Bar Council

The final step to be an advocate is to enroll in any of the State Bar Councils regulated by the
Advocates Act 1961. Every state has its unique process of registration. Once the registration is
completed the candidate has to clear the All India Bar Examination (AIBE). The exam is
conducted by the Bar Council of India, and the candidate gets the certificate of practice upon
clearing the exam. The test is conducted to assesses the basic analytical capabilities and
knowledge of the law.
ADMISSION AND ENROLLMENT OF ADVOCATES
Section 16 to 28 of the Advocates Act,1961 deal with admission and Enrolment of Advocates.
The provision of the Advocates Act,1961 relating to Admission and Enrolment of advocates may
be explained under the following headings:
(1) Senior Advocates and other Advocates (Section 16)
Section 16 provides that there shall be two classes of Advocates, namely, senior advocates
and other advocates. An advocate may with his consent, be designated as Senior Advocate if
the Supreme Court or a High Court is of opinion that by virtue of his ability, standing at the
bar or special knowledge or experience in law, he is deserving such distinction.
Senior Advocate shall, in the matter of their practice, be subject to such restrictions as the
Bar Council of India may, in the Interest of legal profession, prescribe. An Advocate of the
Supreme Court who was a senior Advocate of that court immediately before the appointed
day shall, for this purpose be deemed to be a senior advocate:
Provided that where any such senior advocate makes an application before 31st
December,1965, to Bar Council , maintaining the roll in which his name has been entered
that does not desire as a senior Advocate , the bar Council may grant the application and the
roll shall be altered accordingly.
The rules framed by the bar Council of India in the exercise of its power under Section
49(1)(g) of the Advocates Act are also notable. Chapter 1 of Part VI of the rules of the bar
Council of India makes provision in the relation to the senior Advocates. The provisions of
these rules may be summed up as follow:
In the matter of their Practice, a Senior Advocate shall not file a Vakalatnama or act in any
court or Tribunal or before any person or authority mentioned 30 of the Advocates Act.
Explanation to the rule makes it clear that ‘to act’ means to file an appearance or any
pleading or application in any Court or Tribunal or before any person or other authority
mention in section 30 of the Act or to do any Act other than pleading required or Authorised
by law to be done by a party in such Courts or Tribunal or before any person or other
authority mentioned is the said section either in person or by his recognised agent or by an
advocate or an Attorney on his behalf.
The Rule provides further that a senior advocate shall not appear without an advocate in
PART-II of the state roll in any court or Tribunal or before any person or other authorities
mentioned in section 30 of the Act. Where a senior advocate has been engaged prior to the
coming into force of the rules in this chapter, he shall not continue thereafter, unless an
advocate in Part-II of the state roll is engaged along with him, provided that a Senior
advocate may continue to appear without an advocate in PART-II of the state roll in case
which he had been briefed to appear for the prosecution or defence in a criminal case, if he
was so briefed before he is designated as a senior advocate or before coming in the operation
of the rules in this chapter, as the case maybe.
Besides, a senior advocate shall not accept the Instructions to draft pleading advocates or
affidavits, advise on evidence or to do any drafting work of an analogus kind in any court or
Tribunal or before any person any person or other authority mentioned in section 30 of the
Act or undertake conveyancing work of any kind whatsoever.
This restriction shall not extend to settle any such matter as aforesaid in consultation with an
advocate in PART-II of the state roll.
The Rule provides furter that a senior advocate be free to make concessions or give
undertakings in the Course of Arguments on behalf of his clients on Instruction pf junior
advocates. A Senior Advocate may in recognition of the services rendered by an advocate in
Part-II of the state roll appearing in any matter pay him a fee which he considers reasonable.
The rule provides that a Senior advocate who had acted as an advocate (junior) in a case
cannot, after he has been designated as a senior Advocate, advise on grounds of appeal in a
court of appeal or in the Supreme Court, except with an advocate aforesaid.
It has also been provided that a Senior advocate shall not accept directly from a client any
brief or instructions to appear in any court or Tribunal or before any person or other authority
in India.
SECTION 24 IN THE ADVOCATES ACT, 1961
24. Persons who may be admitted as advocates on a State roll.—
(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be
qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions,
namely:—
(a) he is a citizen of India: Provided that subject to the other provisions contained in this Act,
a national of any other country may be admitted as an advocate on a State roll, if citizens of
India, duly qualified, are permitted to practise law in that other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the [12th day of March, 1967], from any University in the territory of India; or
(ii) before the 15th August, 1947, from any University in any area which was comprised
before that date within India as defined by the Government of India Act, 1935; or [(iii) after
the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a three
year course of study in law from any University in India which is recognised for the purposes
of this Act by the Bar Council of India; or
(iii) after undergoing a course of study in law, the duration of which is not less than two
academic years commencing from the academic year 1967-68 or any earlier academic year
from any University in India which is recognised for the purposes of this Act by the Bar
Council of India; or] [(iv) in any other case, from any University outside the territory of
India, if the degree is recognised for the purposes of this Act by the Bar Council of India] or;
[he is barrister and is called to the Bar on or before the 31st day of December, 1976 [or has
passed the article clerks examination or any other examination specified by the High Court at
Bombay or Calcutta for enrolment as an attorney of that High Court;] or has obtained such
other foreign qualification in law as is recognised by the Bar Council of India for the purpose
of admission as an advocate under this Act;]
(e) he fulfils such other conditions as may be specified in the rules made by the State Bar
Council under this Chapter; [(f) he has paid, in respect of the enrolment, stamp duty, if any,
chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to
the State Bar Council of [six hundred rupees and to the Bar Council of India, one hundred
and fifty rupees by way of a bank draft drawn in favour of that Council]: Provided that where
such person is a member of the Schedule Castes or the Schedule Tribes and produces a
certificate to that effect from such authority as may be prescribed, the enrolment fee payable
by him to the State Bar Council shall be [one hundred rupees and to the Bar Council of India,
twenty-five rupees]. [Explanation.—For the purposes of this sub-section, a person shall be
deemed to have obtained a degree in law from a University in India on that date on which the
results of the examination for that degree are published by the University on its notice board
or otherwise declaring him to have passed that examination.]
(2) Notwithstanding anything contained in sub-section (1), [a vakil or a pleader who is a law
graduate] may be admitted as an advocate on a State roll, if he—
(a) makes an application for such enrolment in accordance with the provisions of this Act,
not later than two years from the appointed day, and
(b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1) (3)
Notwithstanding anything contained in sub-section (1) a person who—
(a) [***] has, for at least three years, been a vakil or pleader or a mukhtar, or, was entitled at
any time to be enrolled under any law [***] as an advocate of a High Court (including a High
Court of a former Part B State) or of a Court of Judicial Commissioner in any Union
territory; or [(aa) before the Ist day of December, 1961, was entitled otherwise than as an
advocate practise the profession of law (whether by of pleading or acting or both) by virtue
of the provision of any law, or who would have been so entitled had he not been in public
service on the said date; or] 16[***]
(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area
which was comprised within Burma as defined in the Government of India Act, 1935; or
(d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India
in this behalf, may be admitted as an advocate on a State roll if he—
(i) makes an application for such enrolment in accordance with the provisions of this Act;
and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).]
Criteria for enrolment as an Advocate (As per Section 24 of the Advocates Act)
A person shall be qualified to be enrolled as an advocate if he fulfills the following conditions:

(a) He is a citizen of India. Provided that a national of any other country can also practice only if
Indians are allowed to practice in that other country;

(b) He has attained the age of 21 years;

(c) He has completed his bachelors in law;

(d) He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899
and an enrolment fee payable to the State Bar Council. He has to pay six hundred rupees to The
State Bar Council and one hundred and fifty rupees to the Bar Council of India. If such person is
a Schedule Caste or Schedule Tribe then he has to pay one hundred rupees to the State Bar
Council and twenty-five rupees to the Bar Council of India.

All India Bar Examination (AIBE)

1.
The Bar Council of India conducts the All India Bar Examination.
2. The examination is conducted twice a year and the time and place of the examination,
are decided by the Bar Council of India.
3. The examination tests the knowledge of the advocates on substantial and procedural
law areas which is decided by the Bar Council of India.
4. The syllabus of the examination is to be published by the Bar Council of India, before
three months from the date of the examination.
5. The Bar Council of India decides the percentage of marks required to pass the
examination
6. The unsuccessful candidates can appear the examination again without any limit of
reappearances.
7. The Bar Council of India decides the syllabi, recommended readings, the appointment
of paper setters, moderators, evaluators, model answers, examination hall rules and
other related matters.
8. The manner and format of the application for examination is determined by the Bar
Council of India
9. Once an advocate passes the Bar examination, he/she receives a Certificate of Practice.

For the detailed syllabus of the All India Bar Examination click here.

All India Bar Examination Rules, 2010

On 10th April 2010, the Bar Council of India has adopted a resolution, that it will conduct an All
India Bar Examination. As per the guidelines of the Bar Council of India, an advocate would be
entitled to a Certificate of Practice which would permit him/her to practice under Chapter IV of
the Advocates Act, 1961.
The council further explained that,

1. All advocated enrolled under section 24 of the Advocates Act, 1961 has to pass this
examination to continue their practice in India.
2. All law students graduating from the academic year 2009-2010 onwards have to appear
the Bar Examination.

Number of attempts of the All India Bar Examination

There is no limit to the number of attempt to the Bar Examination. If an advocate does not pass
the examination at once then he can reappear it and get the certificate of practice once he/she
passes the examination.

Advocates can practice in all states

Advocates registered in the roll of one state can practice anywhere in the country. According to
section 30 of the Advocates Act, an advocated is eligible to practice in all the territories covered
in this act (whole of India), he can practice in all courts including the Supreme Court of India, he
can practice before any tribunal, authority and any person who is authorised to take evidence of
the case.

But to practice in a state other than the registered state the advocate needs to register himself in
the respective Bar Council of the state where he wants to practice. Without registering with the
State Bar Council the advocate cannot practice. He needs to complete the registration process
and pay the registration fees. An advocate can be a member of multiple State Bar Councils but he
has to pay the annual fees of all the State Bar Council to continue his membership in those
councils.

Recognition of a degree in law from a foreign University

A person obtaining a law degree from a foreign University or a person of Indian Origin having
double citizenship, who has attained 21 years of age can be enrolled as an advocate if the
following conditions are fulfilled.

1. i) The degree has been obtained from a regular course which may be for 3 years after
graduation or may be of 5 years after passing 10+2 i.e higher secondary education.
2. ii) The university is recognized by the Bar Council of India and the candidate passes
the All India Bar Examination

For the purpose of recognition of degree, any foreign university can apply to Bar Council of
India.

The application shall contain the following details,

1. History and details of the University,

2. Handbook, prospectus, brochure, and courses of study of the university,
 3. University’s standing on the accreditation list made officially or by any recognized
private body,
4. Any other information that the Bar Council of India may ask for, and an inspection of
the university by the Bar Council of India.

Bar Council of India Rules for Registration and Regulation of Foreign Lawyers

1. Foreign Lawyers and law firms can practice Non-Indian law and set up their office in
India. For the same, they have to register with the Bar Council of India.
2. The registration will be valid for a term of 5 years.
3. Foreign practitioners will not be allowed to appear before the Indian courts and
tribunals
4. Foreign lawyers will only be allowed to participate in international arbitration held in
India.
5. Foreign lawyers can go in partnership with Indian lawyers.

According to Rule 6(D) of the Bar Council of India Rules for Registration and Regulation of
Foreign Lawyers, the foreign lawyers have to pay a registration fee of:

 $25,000 for individuals

 $50,000 for partnership firms
 $10,000 renewal fee for individuals
 $20,000 renewal fee for partnership firms

1. Registration of foreign lawyers will be done on the basis of reciprocity (equal

opportunity for Indian lawyers in the foreign country).
2. Foreign lawyers need to deposit a security guarantee which is refundable.
3. Foreign lawyers need to take the permission of the Home Ministry of India and from
their native Bar Council.
4. The governance of the foreign lawyers will be same as that of the Indian Lawyers.

Punishment to Advocates for professional misconduct

1. Upon receiving a complaint against an advocate if the State Bar Council has sufficient
reasons to believe that the advocate on roll is guilty of such misconduct then the case
shall be referred to the disposal of the disciplinary committee.
2. The disciplinary committee of the state bar council has to fix a date of hearing and will
send a notice to the advocate and the advocate general of the respective state.
3. The disciplinary committee after hearing the case can make the following orders;

 Dismiss the proceedings, or may direct the State Bar Council to file the proceedings.
 Reprimand the advocate.
 Suspend the advocate for a particular period.
 Remove the name of the advocate from the state roll of advocates.
 1. When an advocate is suspended for a particular period, he is debarred from practicing
in any court or before any person.

Lawyer v. Advocate v. Legal Practitioner

A lawyer is a broad term used to define legal professionals. A lawyer is a person who has been
trained in law. Any person who has attained law school or completed the LLB degree is a
lawyer. A lawyer cannot represent a client in a court of law. He can only act as a legal consultant
or policy adviser or can give legal advice.

On the other hand, an advocate is a person who is a specialist. He represents clients in the court
of law (pleads on behalf of them, defends them in the court). To become an advocate one needs
to become a member of a Bar Council.

Legal Practitioner is a broader term which includes advocate, attorney, attorney at law, barrister,
counsel, counselor, Juris Doctor, Lawyer, legal professional, member of the bar, practitioner,
professional, solicitor etc.

Skills required to be a good advocate

a) Command over language

One of the major skill of the advocate is to play with the language. An advocate needs to have a
good command over the language to do well in the industry. He must be able to express himself
before the court, so as to convince the judge with his opinion of the case.

b) Oratory skills
An advocate must be a good orator. He must know when to use which tone of speech, how to
control the voice modulation, how to reach to the sentiments of the judge etc. Being a good
orator is not everyone’s cup of tea. It takes years to practice and self confidence to be a good
orator.

c) The 3A’s
Attitude, Aptitude and Analytic. These qualities make the advocate analyze the legal problems
and arrive at a definite conclusion.

d) Reading Habit
Reading habit is a must for all advocates and lawyers. Their reading must b focused mainly on
law but they should also gain knowledge regarding history, sociology politics etc. An advocate
should be a voracious reader and should make reading as his/her hobby. The primary source of
knowledge gained by a lawyer is through reading numerous books, articles, journals etc.

e) Perseverance
In the initial years of practice an advocate may find lots of difficulties in the times schedule,
workload etc but he needs to be patient to get the result which he deserves. To be a good lawyer
continuous struggle for 5-7 years is required.

f) Teamwork
When advocates work as a team they generate tremendous result. While dealing a particular case
as a team they need to set aside their ego for a better client outcome. Working as a team makes
the case easy to handle. That is the reason why these days advocates are coming together as
associates and working as a team.

g) Emotional intelligence
Clients who come to the advocate need emotional empathy. They should be satisfied that the
advocate has understood their situation in totality. On the other hand his colleague also needs self
respect and understanding to their best.

h) Financial Literacy
Every advocate practicing in private is doing his business. Every case involves some amount of
money. Thus, the advocate should have financial literacy so as to avoid undercharging or
overcharging the clients.

i) Technological affinity
To cope up with the current generation the advocate should be technologically well versed.
These days all the cases, judgments, laws and articles are available online. To have access to all
those the advocate needs to be updated with the required technology.

j) Time management
To meet the deadlines, whether it is in practice or corporate or real world the advocate needs to
learn time management. Time management ensures smooth functioning of the daily work and
given a lot of time to do stuff other than work.

Number of Lawyers in India

Growt
h rate
Advocat Non-
5 % (5
Total es State GDP / State lawye
year year- Data as
Area Advocat enrolled GDP lawyer populati rs per
growt on- at
es in last 5 ($bn) ($) on (m) lawye
h % year
years r
averag
e)

Uttar 288297 51335 17.8 3.6 122.9 426,366 200 692 29/08/20
Pradesh 11

31/08/20
Bihar 113298 13394 11.8 2.4 47.7 420,749 104 916
11

Maharasht 1,976,4 05/03/20

112706 28547 25.3 5.1 222.8 114 1,010
ra & Goa 70 11

Andhra 1,555,1 31/07/20

80225 12922 16.1 3.2 124.8 85 1,055
Pradesh 26 11

1,143,2 05/03/20
Karnataka 74032 15615 21.1 4.2 84.6 61 826
89 11

Tamil 1,723,2 31/08/20

67000 15924 23.8 4.8 115.5 72 1,077
Nadu 84 11

Punjab & 1,595,0 31/07/20

64826 16831 26.0 5.2 103.4 25 391
Haryana 39 11

Madhya 21/08/20
64562 15704 24.3 4.9 52.7 816,579 33 517
Pradesh 11

1,640,1 05/03/20
Gujarat 64261 7071 11.0 2.2 105.4 60 940
86 11

1,060,4 05/03/20
Rajasthan 63370 15454 24.4 4.9 67.2 69 1,083
39 11

West 1,679,1 28/10/20

59535 N/a 100.0 91 1,534
Bengal 80 10

1,050,5 19/08/20
Delhi 54258 15709 29.0 5.8 57.0 17 309
36 11

31/08/20
Orissa 44625 5831 13.1 2.6 41.1 921,681 42 940
11

1,370,3 31/07/20
Kerala 43339 5656 13.1 2.6 59.4 33 770
59 11

Assam,
1,004,0 05/03/20
Nagaland, 23077 7074 30.7 6.1 23.2 33 1,436
30 11
etc

Chhattisg 22940 4409 19.2 3.8 24.6 1,072,3 26 1,113 05/03/20

arh 63 11

2,216,7 31/07/20
Jharkhand 9789 4378 44.7 8.9 21.7 33 3,368
74 11

Uttarakha 1,703,1 31/08/20

9277 2821 30.4 6.1 15.8 10 1,091
nd 37 11

Himachal 1,439,2 31/07/20

7921 1770 22.3 4.5 11.4 7 866
Pradesh 12 11

Jammu & 2,028,2 14/11/20

5951 2080 35.0 7.0 12.1 13 2,109
Kashmir 31 11

1413. 1,109,8
TOTAL 1273289 242525 19.0 3.8 1,128 886
2 50

.
 In the case of LM Mhukar V. Bar Council of Mharashtra
The Court has held that the person practicing as sales tax practitioner before enforcement of
the Advocates Act ,1961,by virtue of the provisions of the Bombay sales Tax Act,1959,but
not possessing the educational qualification required for enrollment as advocate under the
advocates act.1
Indian Council for Legal Aid and Advice V. Bar Council of India2
The Court has made it clear that the rule debarring a person who have completed age of forty
five years is beyond the rule making power of the bar council of India.
Thomas P.C. V. Bar Council of Kerala3
The Court has held that being parish priest or nun by itseld cannot be treated as
disqualification for being enrolled as an advocate. If a priest or nun is employed as a full time
teacher he might be ineligible.

1
AIR 1996 SC 1602
2
AIR 1995 SC 691
3
Section 24A in THE ADVOCATES ACT, 1961
1[24A. Disqualification for enrolment.—
(1) No person shall be admitted as an advocate on a State roll—
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act,
1955 (22 of 1955); 2[(c) if he is dismissed or removed from employment or office under the
State on any charge involving moral turpitude. Explanation.—In this clause, the expression
“State” shall have the meaning assigned to it under Article 12 of the Constitution:] Provided
that the disqualification for enrolment as aforesaid shall cease to have effect after a period of
two years has elapsed since his 3[release or dismissal or, as the case may be, removal].
(2) Nothing contained in sub-section (1) shall apply to a person who having been found
guilty is dealt with under the provisions of the Probation of Offenders Act, 1958 (20 of
1958).

Section 25 in THE ADVOCATES ACT, 1961

25. Authority to whom applications for enrolment may be made.—An application for
admission as an advocate shall be made in the prescribed form to the State Bar Council
within whose jurisdiction the applicant proposes to practise.
Section 26 in THE ADVOCATES ACT, 1961
26. Disposal of applications for admission as an advocate.—
(1) A State Bar Council shall refer every application for admission as an advocate to its
enrolment committee, and subject to the provisions of sub-sections (2) and (3) 1[and to any
direction that may be given in writing by the State Bar Council in this behalf], such
committee shall dispose of the application in the prescribed manner: 2[Provided that the Bar
Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise,
that any person has got his name entered on the roll of advocates by misrepresentation as to
an essential fact or by fraud or undue influence, remove the name of such person from the
roll of advocates after giving him an opportunity of being heard.]
(2) Where the enrolment committee of a State Bar Council proposes to refuse any such
application, it shall refer the application for opinion to the Bar Council of India and every
such reference shall be accompanied by a statement of the grounds in support of the refusal
of the application.
(3) The enrolment committee of a State Bar Council shall dispose of any application referred
to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar
Council of India. 1[(4) Where the enrolment committee of a State Bar Council has refused
any application for admission as an advocate on its roll, the State Bar Council shall, as soon
as may be, send intimation to all other State Bar Councils about such refusal stating the
name, address and qualifications of the person whose application was refused and the
grounds for the refusal.

Section 26A in THE ADVOCATES ACT, 1961

1[26A. Power to remove names from roll.—A State Bar Council may remove from the State
roll the name of any advocate who is dead or from whom a request has been received to that
effect.]
Special provision for enrolment of certain supreme court advocates (Section 20)
Section 20 of the advocates act provides that every advocate who was entitled as of right to
practise in the supreme court immediately before the appointed day and whose name is not
entered in any state roll may, within the prescribed period,express his intention in the
prescribed form of the bar Council of India for the entry of his name in the roll of a state Bar
Council of India shall direct that the name of such advocate shall, without payment of any
fee, be entered in the roll of tht state bar council and the state bar council concerned shall
comply with such directions.
Any entry in the state roll made in compliance with the direction of the bar council of India
issued under this section shall be made in order of seniority determined in accordance with
the provision of section 17(3) of the Act. Where the advocate reffered to in this section omits
or fails to express his intention within the prescribed times,his name shall be entered in the
roll of the state bar council of Delhi.
Disputes regarding seniority
According to section 21 of the Advocates Act where the data of the senirity of two or more
person is the same, the one senior in age shall be reckoned as senior to the other =.If any
dispute arises with respect to the seniority of any person, it shall be reffered to the state bar
council concerned for decision.
Certificate pof enrolment
Section 22 of the Advocates Act provides that there shall be iisued a certificate of enrolment
in the prescribed form be the state Bar Council to every person whose name is entered in the
roll of advocates Act .Every person whose name is so entered in the state roll shall notify any
change in the place of his permanent residence to the state bar Council concerened within
ninety days of such change.
Functions of Bar Council of India;
Enrolment as an advocate under Advocates
Act
The Bar Council of India was established by Parliament under the Advocates Act, 1961 to
regulate and represent the Indian bar. BCI performs the regulatory function by prescribing
standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over
the bar. BCI also sets standards for legal education and grants recognition to Universities whose
degree in law will serve as qualification for enrolment as an advocate. These are all the main
functions of BCI under the Advocates Act.
However, BCI also performs certain representative functions by protecting the rights, privileges
and interests of advocates and through the creation of funds for providing financial assistance to
organise welfare schemes for them under the fundraising powers of the BCI which are embedded
in its constituting documents.
The following statutory functions under Section 7 cover the Bar Council’s regulatory and
representative mandate for the legal profession and legal education in India:

To lay down standards of professional conduct and etiquette for advocates.

To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.
To safeguard the rights, privileges and interests of advocates.
To promote and support law reform.
To deal with and dispose of any matter which may be referred to it by a State Bar Council.
To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar Councils.
To recognise Universities whose degree in law shall be a qualification for enrolment as an
advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this purpose.
To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers
of legal interest.
To organise legal aid to the poor.
To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India for the
purpose of admission as an advocate in India.
To manage and invest the funds of the Bar Council.
To provide for the election of its members who shall run the Bar Councils.
What are the requirements for enrolment as an advocate under the Advocates Act?

Section 24 of the Advocates Act specifies the qualifications of a person entitled to be enrolled
into the Bar. The section states that subject to the provisions of this Act, and the rules made there
under, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfils the
following conditions:

He is a citizen of India, although a national of any other country may be admitted as an advocate
on a State roll, if citizens of India, duly qualified, are permitted to practise law in that other
country, subject to other restrictions.
He has completed the age of twenty-one years.
He has obtained a degree in law after the 12th day of March, 1967, after undergoing a three years
course of study in law from any University in India which is recognised for the purposes of the
Advocates Act by the Bar Council of India. In some cases, a lawyer who has obtained a degree
from any University outside the territory of India, if the degree is recognised for the purpose of
this Act by the Bar Council of India, he may be admitted.
He fulfils such other conditions as may be specified in the rules made the State bar Council
under this Chapter;
At present, a person who wants to get enrolled as an advocate has to first clear Bar Council of
India exam. Thereafter the person can enrol himself/ herself under any State Bar Council.

Eligible persons are admitted as advocates on the rolls of the State Bar Councils. The Advocates
Act, 1961 empowers State Bar Councils to frame their own rules regarding enrolment of
advocates.

The Council’s Enrolment Committee may scrutinise a candidate’s application. Those admitted as
advocates by any State Bar Council are eligible for a Certificate of Enrolment.

All applicants for enrolment as advocates are required under Section 24 (1) (f) of the Advocates
Act, 1961 to pay an enrolment fee of Rs.600/- (Rupees Six hundred only) to the respective State
Bar Council and Rs.150/- (Rupees One hundred Fifty only) to the Bar Council of India. These
payments should be made using separate demand drafts.
Different state bar councils have formulated their own rules regarding enrolment as an advocate.
However, most of the State Bar Council requires the candidate to submit an application along
with the degree of law and mark-sheets along with judicial Stamp paper and requisite fees.
Conclusion

In the present scenario there are numerous options for a law graduate. An advocate can practice
privately and independently from the very first day of his career. He can also specialize in
various fields like a criminal lawyer, a civil lawyer, a corporate lawyer, an income tax lawyer
etc. The beginners can also join the chamber of senior lawyers to gain the practical knowledge
and experience. As an advocate one can also serve in the government sector. One can join the
judicial career by clearing the state judicial services examination. This can help him to become a
Civil judge or a Judicial Magistrate.

There are options in the private sector also. One can get into a legal firm as a legal adviser and
get good remuneration for the same. These days banks are also appointing advocates to deal with
their cases. The overall job of the advocates is quite interesting and encouraging. Advocates in
India have a bright future but for that, they need to commit themselves to the profession to
achieve excellence