TOPIC 2

CHAPTER-3 of the Advocates Act of 1961 deals with the important topic of admission and
enrolment of advocates to the the Bar councils.

Qualifications for Admissions

Section 24 Lays down the rules for person to be admitted as advocates on the state roll. A person
shall be deemed qualified to be admitted as an advocate on the state roll if:

(a) He is a citizen of India,

(b) He has completed the age of 21 yrs,

© He has obtained degree in law.

#Surajmal Surolia v The Bar Council of India – S.C held that it is the F.R of an individual to
practice law under Art 19(1)g.

So a person must have a degree in law and must be enrolled for which he needs to pay
enrollment fee under the Indian Stamps Act,1899. After that he will get certificate of enrolment
U/S 22 by States Bar Council. * At this point if you want to add any case then refer last para of
page 4 of document M-6*

Application for enrolment to be made to the state Bar council.

U/S 25- It provides that all applications for admission as an advocate should be made to the the
state Bar council in a prescribed format within whose jurisdiction the applicant proposes to
practice.

Process of Admission and the enrolment Committee

Every Bar council is required to establish an enrolment committee comprising of 3 members.

The members shall be elected by the council from amongst its members . All the applications
shall be referred to the Enrolment Committee and they will accordingly dispose of all the
applications. In case the committee decides to refuse , the matter shall be referred to BCI with a
written statement containing the ground for refusal. The application shall be disposed of in
compliance with the opinion of BCI. If they refuse it based upon the opinion of BCI then SBC
shall send intimation of such refusal, including the name and address of applicants+ ground of
refusal to all the other state Bar council of the country. No other state shall entertain the same
application except with the previous consent in writing of SBC which refused it and BCI.

#Aparna Basu Mallick V Bar Council of India

Is a leading authority on the right of an advocate to be enrolled with the SBC and power of BCI
to lay down conditions for enrolment..

FACTS: Petitioner based on the regulation of Calcutta University ahs started studying LLB
course as a non-collegiate student of the university and after complying with all the due
requirement has obtained the degree of law. Thereafter she had applied to SBC but her
application was rejected on the ground of Non Complying with Rule 1 (c ) Part 4 of BCI Rules
and Standards of Legal Education which provides “that the course of study in law has been by
regular attendance at the requisite number of lectures,tutorials and moot courts in the college
recognized by the university”.

Held: That the University of Calcutta has long been recognized by the BCI so appellant
therefore, fulfills all the conditions of section 24 (1) of the Act and is entitled to be enrolled.
( For details refer page 7 of M6 document)

Removal of Names from Roll

The state Bar Council is under the obligation to remove the name of such advocate from its roll,
who

(i) is dead, or

(ii) Has made application for removal of his name.

In addition BCI may on reference of SBC or otherwise has the authority to remove the name of
a person from the roll of Advocates if it is satisfied that such person got his name entered on the
roll of advocates by misrepresentation of an essential fact or by fraud or undue influence. It is
necessary to provide such advocate a reasonable opportunity of being heard with a reasonable
opportunity.

Disqualification for enrolment

Section 24-A prescribes the rules for disqualification for enrolment. A person shall not be
admitted as an advocate on the state roll:

(a) if he is convicted of an offence involving moral turpitude;

(b) If he is convicted of an offence under the provision of the Protection of Civil Rights
ACT,1955

(C) If he is dismissed or removed from employment or office under the staqte on any charge
involving moral turpitude. ( The meaning of term Moral Turpitude is given in detail on Page 9 of
M6 document)

BCI rules on disqualification for enrolment

 Based on its rule amking powers, The BCI has laid down certain additional conditions for
enrolment of Advocates, Rule 7A of part VI of Bar Council Rules, provide that a person
applying for enrolment as an advocate shall be denied if he is dismissed, retrenched,
compulsorily retired, removed or otherwise relived from government services or from H.C or
S.C on charges of corruption or dishonesty. The rules further provide that a person having such
disqualifications will be permamnently debarred from enrolling himself as an advocate.