The Author, Naveen Talawar is a law student at KSLU's Law School,Karnataka.

Introduction

The legal profession plays a crucial role in the administration of justice. The lawyer assists the court in making the best decision possible. The lawyer compiles legal information pertinent to the case to aid the courts or judge in making the best decision possible. Without the assistance of a lawyer, the judges would be unable to make a suitable verdict. Sections 16 to 28 of the Advocates Act of 1961 govern the admission and enrolment of advocates. The sections of the Advocates Act, 1961 relevant to Advocates' Admission and Enrollment may be found under the headings below.

Who is an Advocate 

A supporter of a cause or an issue is known as an advocate. In the legal system, an advocate represents a client in court. Every country's judicial system is incomplete without an advocate. He is solely responsible for presenting the case and delivering justice to the victim through his arguments. The court bases its judgment on the facts and arguments presented by him. He possesses the ability and talent to create or destroy a case out of thin air. An advocate is sometimes referred to as an officer of the court because of the vital role he plays in the legal system.

Advocates’ admission and enrollment

The Advocates Act of 1961, Sections 16 to 28, govern the admission and enrolment of advocates. Advocates are divided into two categories under Section 16 of the Advocates Act: Senior Advocates and Other Advocates. 

If the Supreme Court or a High Court believes that an Advocate's talent, standing at the Bar, or unique knowledge or expertise in the law merit such distinction, the court may designate him as a Senior Advocate with his consent. An Advocate is given this honour and privilege. A senior Advocate's preeminence in the profession entails the highest duties, and they should serve as a role model for the profession's younger members.

The requirements for designating an Advocate as a Senior Advocate in the Supreme Court and their terms of practice are found in Order-iv, Rule-2 of the Supreme Court Rules,1966. Each High Court has established its own set of procedures for appointing a Senior Advocate. In the matter of a Senior Advocate's practice, the Bar Council of India has imposed the following restrictions. 

  1. A senior Advocate may not file a vakalatanama, a memo of presence, a pleading, or an application before any court, tribunal, or authority. 
  2. A Senior Advocate in the Supreme Court shall not appear in court unless accompanied by an Advocate on Record in the Supreme Court.
  3. A Senior Advocate in the High Court shall not present unless accompanied by an Advocate from the state roll. 
  4. He shall not take directions to prepare pleadings or affidavits, or to perform any similar drafting activity. 
  5. He shall not perform any conveyancing work of any type. 
  6. He shall not directly accept a client's case or directions to appear in any court or tribunal. 

The registrar of the Supreme Court or the High Court, as the case may be, should notify all High courts and the secretary of the State Bar Council and the Bar Council of India when an Advocate is recognized as a Senior Advocate. The Advocate's name and the date on which he was recognized as the Senior Advocate should be noted in the correspondence.

Advocates roll

Every State Bar Council is required under Section 17 of the Advocates Act to establish and maintain a roll of Advocates. It will be divided into two sections. The list of Senior Advocates is in the first section, while the other Advocates are in the second. When more than one Advocate enrols on the same day, their names will be put in the order of their seniority in age.

A person cannot register as an advocate with more than one Bar Council. For appropriate reasons, a person whose name is enrolled in one state roll may appeal to the Bar Council of India to have his name moved to another state roll. If there is no reasonable reason for the transfer or disciplinary proceedings against him are pending, the application will be refused. When new Advocates are added to the roll or names are removed from the roll, the State Bar Council shall transmit an authorized copy of the Advocates Roll.

Certificate for enrollment 

According to Section 22 of the Advocates Act, the State Bar Council shall provide a certificate of enrollment in the proper form to any individual whose name is listed in the roll of Advocates maintained by it under this Act. Any person whose name is on the state roll must notify the State Bar Council concerned of any change in their place of business or permanent residence within 90 days.

Prerequisites for Enrollment 

The Advocates Act, Section 24, stipulates the following requirements for becoming an Advocate. 

  1. He must be an Indian citizen. 
  2. He had to be at least 21 years old. 
  3. He must have completed either a 3-year legal course ((regular university studies after graduation) or a 5-year integrated law course after 10 +2. If the legal degree is from a foreign university, it must be recognized by the Bar Council of India under the Advocates Act. 
  4. He must pay an enrollment fee that the State Bar Council may impose.
  5. He must also meet any additional requirements set down by the State Bar Council for enrolling. 

Disqualification of enrolment

Section 24 A provides for enrolment disqualification and, accordingly, The following people are ineligible to become Advocates. 

  1. A person who has been convicted of a moral turpitude violation. 
  2. A person convicted under the Untouchability (Offenses) Act of 1955. 
  3. A person who has been fired or removed from government employment due to an accusation of moral turpitude. The disqualification becomes null and void two years after his release from prison or removal from service.
  4. A person found guilty in the foregoing instances and receiving benefits under the Probation of Offenders Act, 1958 is not disqualified. 

If an application for enrolment is denied on any of the aforementioned grounds of disqualification, the State Bar Council must notify all other State Bar Councils of the fact, including the applicant's name, address, and reasons for denial, and he will be barred from applying for enrolment.

In Hani Raj L.Chulani v. Maharashtra Bar Council, it was determined that a person cannot practise another profession in addition to the legal profession. As a result, a person with a legal degree who works in another field is ineligible to become an Advocate. The Delhi High Court ruled in Anees Ahmad v. University of Delhi that no full-time law professor earning a regular salary can practice as an advocate and It was decided in Sathish Kumar Sharma v. Bar Council of Himachal Pradesh that a full-time salaried law officer is not eligible to enrol as an advocate.

Disposal of application for admission as an advocate

According to Section 26 of the Advocates Act, the State Bar Council shall send every application for admission as an advocate to its enrollment committee, which shall, subject to any written directives granted by the State Bar Council in this regard, dispose of the application in a specified way. However, if the Bar Council of India is satisfied, either through a referral or otherwise, that any person has obtained the role of an advocate through misrepresentation as to an essential fact, fraud, or undue influence, the name of that person may be removed from the role of advocate after allowing him to be heard.

Removal of name from the Roll  

According to Section 26-A of the Advocates Act, the State Bar Council has the authority to remove from the state roll the name of any advocate who has died and for whom a request has been made.

Conclusion

A legal graduate nowadays has a variety of options. An advocate can practice privately and independently from the outset of his career. He can also specialize in areas such as criminal law, civil law, corporate law, and income tax law, among others. Beginners can also join the chamber of senior attorneys to gain information and experience. As an advocate, a person can also work for the government. One can become a judge after completing the state judicial services exam. This might help him further his career as a Civil Judge or Judicial Magistrate. In the private sector, there are several opportunities. Working as a legal counsel at a law firm might provide good pay. Attorneys have already been appointed by banks to represent them in court. The activists' work is frequently entertaining and inspiring. Advocates in India have a bright future, but they must devote themselves to the profession if they are to thrive.

References

  1. https://www.studocu.com/in/document/university-of-delhi/ethics/admission-and-enrollment-of-advocates/9986882
  2. http://www.barcouncilofindia.org/about/enrolment-of-advocates/
  3. https://pdfcoffee.com/admission-and-enrollment-of-advocates-pdf-free.html

Picture Source : https://www.alisonslawavenues.com/wp-content/uploads/2017/10/advocate-robes.jpg

 
Naveen Talawar