The Advocates Act of 1961 regulates the admission and enrollment of attorneys under sections 16 through 28. The parts of the Advocates Act, 1961 pertinent to Admission and Enrollment of Advocates are listed below.
The legal profession is vital for the administration of justice in India. The advocate supports the court in making the optimal conclusion. The attorney prepares essential legal facts to assist the court or judge in reaching the best conclusion possible. Without the help of an attorney, the judges would be unable to render a just decision.
Who is an Advocate
A person who supports a cause or an issue is called an advocate. An advocate in the legal system represents a client in court.
The legal system of any nation is inadequate without an advocate. Through his arguments, he is exclusively accountable for presenting the case and providing justice to the victim.
The court’s decision is based on the facts and arguments he gave. He has the talent and capacity to construct or demolish a case out of thin air. Due of his vital function in the legal system, an advocate is frequently referred to as an officer of the court.
Advocates’ admission and enrollment
Sections 16 to 28 of the Advocates Act of 1961 govern the admission and registration of attorneys. Under Section 16 of the Advocates Act, advocates are split into two categories: Senior Advocates and Other Advocates.
Order-iv, Rule-2 of the Supreme Court Rules,1966 outlines the qualifications for appointing an Advocate to the position of Senior Advocate and their terms of practise.
Each High Court has its own processes for the appointment of a Senior Advocate. In regards to the practise of Senior Advocates, the Bar Council of India has set the following restrictions.
Before any court, tribunal, or authority, a senior Advocate may not file a vakalatanama, a letter of presence, a pleading, or an application.
A Supreme Court Senior Advocate may not appear in court without accompanied by a Supreme Court Advocate of Record.
- A Senior Advocate at the High Court must be accompanied by an Advocate from the state roll in order to present.
- He shall not accept instructions to draught pleadings, affidavits, or other comparable drafting tasks.
- He shall not do any sort of conveyancing activity.
- He shall not accept a client’s case or instructions to appear before a court or tribunal directly.
When an Advocate is designated as a Senior Advocate, the registrar of the Supreme Court or High Court, as applicable, must inform all High Courts, the secretary of the State Bar Council, and the Bar Council of India.
The communication should include the Advocate’s name and the date on which he was acknowledged as the Senior Advocate.
If the Supreme Court or a High Court feels that an Advocate’s skill, standing at the Bar, or particular knowledge or competence in the law merits this distinction, the court may, with his assent, appoint him as a Senior Advocate.
This honour and privilege is granted to a lawyer. A senior Advocate’s prominence in the profession comprises the most important responsibilities, and they should act as a role model for junior members.
Section 17 of the Advocates Act requires every State Bar Council to create and maintain a roll of Advocates. There will be two distinct portions.
The list of Senior Advocates appears in the first part, followed by the list of all other Advocates in the second. When many Advocates enrol on the same day, their names will be shown in ascending order by age.
A person cannot register with more than one Bar Council as an attorney. A person whose name is registered on one state’s roll may petition the Bar Council of India to have his name switched to another state’s roll for proper grounds.
The application would be denied if there is no valid basis for the transfer or disciplinary actions are ongoing against the applicant. When new Advocates are added to or removed from the Advocates Roll, the State Bar Council is required to send an approved copy of the Advocates Roll.
Certificate for enrollment
In accordance with Section 22 of the Advocates Act, the State Bar Council is required to issue a certificate of enrolment to any individual whose name appears on the roll of Advocates it maintains according to this Act.
Any individual whose name appears on the state roll is required to notify the State Bar Council within 90 days of any changes to their place of business or permanent home.
Prerequisites for Enrollment
The Advocates Act, Section 24, stipulates the following requirements for becoming an Advocate.
- He must be an Indian citizen.
- He had to be at least 21 years old.
- 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.
- He must pay an enrollment fee that the State Bar Council may impose.
He must also meet any additional requirements set down by the State Bar Council for enrolling.