Disqualification from Enrolment as an Advocate

Disqualification from enrolment means a statutory bar that prevents an otherwise eligible person from being admitted to a State roll of advocates. Section 24A of the Advocates Act, 1961 prescribes such bars chiefly for conduct involving moral turpitude.

Grounds of disqualification

A person cannot be admitted as an advocate on a State roll in any of the following circumstances:

• The person has been convicted of an offence involving moral turpitude.
• The person has been convicted of an offence under the Protection of Civil Rights Act, 1955, originally enacted as the Untouchability (Offences) Act, 1955.
• The person has been dismissed or removed from employment or office under the State, on a charge involving moral turpitude. For this purpose, “State” carries the meaning assigned by Article 12 of the Constitution.

Duration and statutory exception

These disqualifications are not necessarily permanent. The Act balances professional integrity with the possibility of rehabilitation.

• The disqualification ceases after two years have elapsed from the person’s release, dismissal or removal, as applicable.
• The disqualification does not apply where a person found guilty is dealt with under the Probation of Offenders Act, 1958, instead of being subjected to the ordinary punishment following conviction.

Place within the enrolment framework

The bar under Section 24A operates in addition to the general eligibility conditions for enrolment prescribed by Section 24, such as citizenship, age and possession of a recognised law degree. Enrolment is made on the roll maintained by the appropriate State Bar Council.