Enrolment under the Advocates Act, 1961

Enrolment is the statutory process by which a qualified person is entered on a State roll of advocates and acquires the status of an advocate. The principal qualifications and disqualifications are prescribed by the Advocates Act, 1961, supplemented by rules made under it.

Essential qualifications

Under Section 24, a person must satisfy all prescribed requirements for admission as an advocate on a State roll.

• The applicant must be an Indian citizen and must have completed 21 years of age.
• A foreign national may be admitted where duly qualified Indian citizens are permitted to practise law in that country, reflecting the principle of reciprocity.
• The applicant must possess a law degree from an Indian university recognized for this purpose by the Bar Council of India, or a recognized foreign legal qualification.
• The applicant must satisfy any additional conditions validly prescribed by the State Bar Council's rules.

Fees and statutory disqualifications

The Act combines positive qualifications with specific grounds that temporarily bar enrolment.

• The applicant must pay the stamp duty, if chargeable, and the statutory enrolment fees: Rs 600 to the State Bar Council and Rs 150 to the Bar Council of India, with concessional amounts for Scheduled Caste and Scheduled Tribe applicants.
• Under Section 24A, enrolment is barred following conviction for an offence involving moral turpitude, conviction under the Protection of Civil Rights law, or dismissal or removal from state employment or office on a charge involving moral turpitude.
• The disqualification ordinarily ends after two years from release, dismissal or removal.
• The conviction-related rule does not apply where the person is dealt with under the Probation of Offenders Act, 1958.

Application and decision

The statutory procedure ensures that eligibility is examined by the professional regulatory bodies.

• Under Section 25, the application is made to the State Bar Council within whose jurisdiction the applicant proposes to practise.
• Under Section 26, the application is decided by the State Bar Council's enrolment committee; a proposed refusal must be referred to the Bar Council of India for its opinion.
• Rules concerning enrolment are made by the State Bar Council under Section 28 and require approval of the Bar Council of India.
• A person cannot be enrolled on the roll of more than one State Bar Council.