ENROLLMENT OF

ADVOCATES
 ADVOCATES
 SENIOR ADVOCATES
 SECTION 16(2)
 (2) 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 of such
distinction.
 (3) Senior advocates shall, in the matter of their
practice, be subject to such restrictions as the Bar
Council of India may, in the interest of the legal
profession, prescribe.
 Each High Court follows its own procedure in designating an
Advocate as a Senior Advocate.
 Earlier the High Courts themselves used to consider certain
Advocates as worthy of being designated as Sr. Advocate and
after obtaining the consent of the Advocate concerned used to
designate him as such.
 Now in some High Courts, the Advocate concerned who fulfills
the prescribed qualificationshas applies to the High Court and
makes a request to be designated as a Senior Advocate.
 Upon such an application the sitting Judges of the High Court
express their views through ballot and according to the majority
opinion the Senior Advocate status is either granted or refused.
 Supreme Court Guidelines to Regulate Conferment of
Designation of Senior Advocates, 2018”, empower a
permanent committee called “Committee for
Designation of Senior Advocates” to deal with all the
matters relating to such conferment.
 this committee shall comprise of the Chief Justice of
India as its Chairperson, along with two senior-most
Supreme Court judges, Attorney general for India,
and a member of the Bar as nominated by the
Chairperson and other members.
 The committee is expected to meet at least twice in a
calendar year. It will also have a Permanent
Secretariat, the composition of which shall be
decided by the CJI in consultation with other
members of the Committee.
 A recommendation in writing can be submitted by
the CJI or any other judge if they are of the opinion
that an advocate deserves to be conferred with the
designation.
 An Advocate on Record (AoR) seeking conferment of
distinction as Senior Advocate may also submit an
application in the prescribed format to the
Secretariat.
 The Secretariat will invite applications from retired
Chief Justices or judges of the High Courts, and
Advocates seeking conferment of the distinction
every year in the months of January and July.
 The notice shall be published on the official
Supreme Court website, and the information would
also be provided to the Supreme Court Bar
Association as well as the Supreme Court Advocates-
on-Record Association.
 an Advocate shall be eligible for designation as
Senior Advocate only if he has 10 years combined
standing as an advocate or a District Judge, or as a
Judicial Member of any Tribunal whose qualification
for eligibility isn't less than that prescribed for a
District judge.
 Retired Chief Justices or judges of the High Courts
are also eligible for the distinction
 After overall assessment, the Advocates' candidature
would be submitted to the Full Court, which would
then vote on the same.
 The guidelines however clarify that cases of retired
Chief Justices and judges of the High Courts will
straightaway be sent to the Full Court for its
consideration.
 The Rules further specify that voting by secret ballot
will not normally be resorted to in the Full Court
except when "unavoidable".
 Cases which are rejected by the Full Court can be
considered afresh after two years, and cases which
are deferred can be considered after one year from
such deferment.
 The Rules clarify that if a Senior Advocate is found
guilty of conduct, which according to the Full Court
disentitles the Senior Advocate to continue to be
worthy of the designation, the Full Court may
review its decision to designate the person concerned
and recall the same.
 A 2013 report of the Bar Council of India suggested
that less than 1% of all enrolled lawyers are senior
advocates
 RESTRICTIONS
 (a) A Senior Advocate shall not file a vakalatnama or
act in any Court, or Tribunal, or before any person or
other authority mentioned in Section 30 of the Act.
 Explanation : “To act” means to file an appearance or
any pleading or application in any court or Tribunal or
before any person or other authority mentioned 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 Court or Tribunal or before any person or
other authorities mentioned in the said Section either
in person or by his recognised agent or by an advocate
or an attorney on his behalf.
 (b) (i) A Senior Advocate shall not appear without an
Advocate on Record in the Supreme Court or 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.
 (ii) 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 Sate Roll in cases in which he had been briefed
to appear for the prosecution or the defence in a criminal
case, if he was so briefed before he is designated as a senior
advocate or before coming into operation of the rules in this
Chapter as the case may be.
 He shall not accept instructions to draft pleading or
affidavits, advice on evidence or to do any drafting
work of an analogous kind in any Court or Tribunal
or before any person or other authorities mentioned
in Section 30 of the Act or undertake conveyancing
work of any kind whatsoever.
 This restriction, however, shall not extend to settling
any such matter as aforesaid in consultation with an
advocate in Part II of the State Roll.
 A Senior Advocate shall, however, be free to make concessions
or give an undertaking in the course of arguments on behalf of
his clients on instructions from the junior advocate.

 (d) He shall not accept directly from a client any brief or

instructions to appear in any Court or Tribunal or before any
person or other authorities in India.

 (e) A Senior Advocate who had acted as an Advocate (Junior)

in a case, shall not after he has been designated as a Senior
Advocate advice on grounds of appeal in a Court of Appeal or
in the Supreme Court, except with an Advocate as aforesaid.

 (f) 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.
ENROLLMENT
 Every State Bar Council shall prepare and maintain a roll
of advocates in which shall be entered the names and
addresses of—
(a) all persons who were entered as advocates on the roll of
 any High Court under the Indian Bar Councils Act, 1926
(38 of 1926), immediately before the appointed day
[including persons, being citizens of India, who before the
15th day of August, 1947, were enrolled as advocates
under the said Act in any area which before the said date
was com prised within India as defined in the
Government of India Act, 1935, and who at any time]
express an intention in the prescribed manner to practise
within the jurisdiction of the Bar Council;
 (b) all other persons who are admitted to be
advocates on the roll of the State Bar Council under
this Act on or after the appointed day.
 (2) Each such roll of advocates shall consist of two
parts, the first part containing the names of senior
advocates and the second part, the names of other
advocates
 Entries in each part of the roll of advocates prepared
and maintained by a State Bar Council under this
section shall be in the order of seniority

 the seniority of any other person who, on or after the

appointed day, is enrolled as a senior advocate or is
admitted as an advocate shall be determined by the
date of such enrolment or admission, as the case may
be
 SECTION 19
 Every State Bar Council shall send to the Bar Council
of India an authenticated copy of the roll of
advocates prepared by it for the first time under this
Act and shall thereafter communicate to the Bar
Council of India all alterations in, the additions to,
any such roll, as soon as the same have been made.
 (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.
ALL INDIA BAR EXAM
 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.
 All advocated enrolled under section 24 of the
Advocates Act, 1961 has to pass this examination to
continue their practice in India.
 All law students graduating from the academic year
2009-2010 onwards have to appear the 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.
 PRACTICE ANYWHERE
 TRANSFER
 any person whose name is entered as an advocate on the
roll of any State Bar Council may make an application in
the prescribed form to the Bar Council of India for the
transfer of his name from the roll of that State Bar Council
to the roll of any other State Bar Council and, on receipt of
any such application the Bar Council of India shall direct
that the name of such person shall without the payment
of any fee, be removed from the roll of the first mentioned
State Bar Council and entered in the roll of the other State
Bar Council and the State Bar Councils concerned shall
comply with such direction
 1) There shall be issued a certificate of enrolment in
the prescribed form by the State Bar Council to every
person whose name is entered in the roll of
advocates maintained by it under this Act.
 (2) 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
concerned within ninety days of such change.
 Section 23. Right of pre-
audience
 The Attorney-General of India shall have pre-
audience over all other advocates.
 the Solicitor- General of India shall have pre-
audience over all other advocates subject to (1)
 (i) senior advocates shall have pre-audience over
other advocates; and
 (ii) the right of pre-audience of senior advocates inter
se shall be determined by their respective seniority
 SECTION 24
 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
 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)
 SECTION 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);
 if he is dismissed or removed from employment or
office under the State on any charge involving moral
turpitude
 the disqualification for enrolment as aforesaid shall
cease to have effect after a period of two years has
elapsed since his release or dismissal or, as the case
may be, removal
 SECTION 26
 DISPOSAL OF APPLICATIONS BY THE STATE BAR
COUNCIL
 State Bar Council shall refer every application for
admission as an advocate to its enrolment committee
 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
 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
 The enrolment committee of a State Bar Council shall
dispose of any application referred to the Bar
Council of India in conformity with the opinion of
the Bar Council of India.
 COMMUNICATE TO THE OTHER BAR COUNCILS
 such refusal stating the name, address and
qualifications of the person whose application was
refused and the grounds for the refusal
 SECTION 26 A
 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.
 Where a State Bar Council has refused the
application of any person for admission as an
advocate on its roll, no other State Bar Council shall
entertain an application for admission of such person
as an advocate on its roll, except with the previous
consent in writing of the State Bar Council which
refused the application and of the Bar Council of
India.
 SECTION 28- POWER
TO MAKE RULES
 A State Bar Council may make rules to carry out the
purposes of this Chapter.
 In particular, and without prejudice to the generality
of the foregoing power, such rules may provide
for—
 (a) the time within which and form in which an
advocate shall express his intention for the entry of
his name in the roll of a State Bar Council under
section 20;]
 (c) the form in which an application shall be made to
the Bar Council for admission as an advocate on its
roll and the manner in which such application shall
be disposed of by the enrolment committee of the
Bar Council;
 (d) the conditions subject to which a person may be
admitted as an advocate on any such roll;
 (e) the instalments in which the enrolment fee may
be paid
 SECTION 29
 Advocates to be the only recognised class of
persons entitled to practise law.—Subject to the
provisions of this Act and any rules made
thereunder, there shall, as from the appointed day,
be only one class of persons entitled to practise the
profession of law, namely, advocates.
 SECTION 30 – RIGHT
TO PRACTISE
 i) in all courts including the Supreme Court;
 (ii) before any tribunal or person legally authorised
to take evidence; and
 (iii) before any other authority or person before
whom such advocate is by or under any law for the
time being in force entitled to practise
 SECTION 32
 Power of Court to permit appearances in particular
cases.—
 Notwithstanding anything contained in this Chapter,
any court, authority, or person may permit any
person, not enrolled as an advocate under this Act, to
appear before it or him in any particular case
 Advocates alone
entitled to practise.—
 Except as otherwise provided in this Act or in any
other law for the time being in force, no person shall,
on or after the appointed day, be entitled to practise
in any court or before any authority or person unless
he is enrolled as an advocate under this Act
 The High Court may make rules laying down the
conditions subject to which an advocate shall be
permitted to practise in the High Court and the
courts subordinate thereto
 The High Court shall make rules for fixing and
regulating by taxation or otherwise the fees payable
as costs by any party in respect of the fees of his
adversary’s advocate upon all proceedings in the
High Court or in any Court
 Bar Council of India v AK
Balaji (2018) 5 SCC 379
 “The expression ‘to practice the profession of law’ in
section 29 of the 1961 Act is wide enough to cover the
persons practicing in litigious matters as well as persons
practicing in non litigious matters and, therefore, to
practice in non litigious matters in India, the respondents
were bound to follow the provisions contained in the 1961
Act.”

 Bombay High Court in Lawyers Collective 2010 (2)

BomCR 753
 ARTICLE 220
 Article 220 of the Constitution of India restricts a
retired judge from practicing in the court in which he
was a judge. However, he is entitled to practice in
any other High Court and the Supreme Court.
 The Advocates Act, 1961 and Bar Council Rules
requires such a retired judge to re-enroll himself
before a Bar Council so as to re-acquire right to
practice.
 Several retired judges give extensive legal opinion,
which is a non-litigation work. Similarly, deciding
disputes as an arbitrator is a mixture of both
litigation and non-litigation.
 Supreme Court ruling, retired judges performing all
the aforesaid activities are engaged in practice the
profession of law but it would be illegal unless they
are enrolled as advocates.
Aswini Kumar Ghose v Arabinda
Bose AIR 1952 SC 369

 “…it seems reasonable, therefore to assume that the

practice of law in this country generally involves the
exercise of both the functions of acting and pleading on
behalf of a litigant party.”
 in re Lilly Isabel
Thomas AIR 1964, SC 855
 “…the right to practice the profession of law under the
1961, Act is relatable only to the advocates practicing the
profession of law before Courts/Tribunals/any other
authority”
 Hari Shankar Rastogi vs.
Girdhari Sharma AIR 1978 SC
1019
 In this the Case Supreme court has held that a
private person who is not an advocate , has no right
to barge into Court and claim to argue for a party.