ADMISSION & ENROLMENT OF ADVOCATES IN BAR COUNCIL

Advocates are the axis of Judicial administration and advocates have important place in Judicial
administration. It is advocate who introduces favour of his party in court and plead on behalf of them.
The admission and enrolment of advocates in India are primarily governed by the Advocates Act of
1961. Under the Advocates Act, the Bar Council of India (BCI) and the State Bar Councils are responsible
for overseeing the admission and enrolment of advocates. The BCI is the apex regulatory body for the legal
profession in India and lays down the standards for legal education and professional conduct. Each state in
India has its own State Bar Council, responsible for enrolling advocates within its jurisdiction.

 GENERAL RULES ON ADMISSION AND ENROLMENT OF ADVOCATES IN INDIA

Section 16 to 28 of the advocates and deals with the admission and enrolment of advocates. The provisions
of the advocates act relating to the admission enrolment of the advocates may be explained under the
following headlines:
I. SENIOR ADVOCATE AND OTHER ADVOCATES (SEC 16): advocates are classified into two
categories- Senior Advocates and Other Advocates.
Senior Advocate designation is granted by the Supreme Court or a High Court when they believe that
an advocate’s legal expertise, reputation at the Bar or unique knowledge warrant such recognition,
with the advocate’s consent. This honour comes with significant responsibilities, as senior advocates
are expected to set an example for younger members of the profession.
The procedures for designating an advocate as a Senior Advocate in the Supreme Court and their
practice restrictions can be found in Order-iv, Rule-2 of the Supreme Court Rules, 1966. Each High
Court has its own processes for appointing Senior Advocates. The Bar Council of India imposes
certain restrictions on Senior Advocates, including:
 Senior Advocates may not file vakalatanamas, memoranda of presence, pleadings or applications in
any court, tribunal or authority.
 In the Supreme Court, Senior Advocates cannot appear in court without an Advocate on Record.
 In High Courts, Senior Advocates must be accompanied by an Advocate from the state roll.
 They cannot undertake drafting activities for pleadings, affidavits or any similar tasks.
 They are not allowed to engage in conveyancing work of any kind.
 Senior Advocates cannot directly accept cases or instructions to appear in courts or tribunals.

II. PERSON WHO MAY BE ADMITTED AS ADVOCATE ON A STATE ROLL (SECTION 24):
Section 24 of the advocates act makes provision in respect of a person who may be admitted as an
advocate on state roll.
Section 24(1): a person shall be qualified to get admitted as an advocate on a state roll if he fulfils the
following conditions namely-
i. He is a citizen of India.
ii. He has completed the age of 21 years. There is no upper age limit for admission as an
advocate, as affirmed by the Supreme Court in the case of Indian Council of Legal Aid and
Advice vs. Bar Council of India (AIR 1995 Supreme Court 691).
iii. He has obtained the degree of law-
a) Before 12-3-1967 from any university in the territory of India or;
b) Before 15-8-1947 from any university in any area which was comprised before that day
within India as defined in Govt of India act.
c) After 12-3-1967 undergoing 3 years of course in law from any university in India which is
recognised for the purpose of this act by Bar Council of India.
d)After undergoing of course of study in law of duration which is not less than 2 Academics
years commencing the academic year 1967-68 or any earlier academic year from any
 university in India which is recognised for the purpose of this act by the bar council of India.
e) In any other case from any university outside the territory of India, if the degree is
recognised for the purpose of this act by the Bar Council of India.
f) If he fulfils such other conditions as may be specified in the rules made by the State Bar
Council for this purpose, he has paid in respect of the enrolment stamp duty if any chargeable
under the Indian stamp act and prescribe enrolment fees.

Section 24(2): A vakil or a pleader who is a law graduate may be admitted as an advocate on state
road if he makes an application for such enrolment in accordance with the provisions of this act, not
later than 2 years from the appointment day.
HANIRAJ L. CHULANI V. BAR COUNCIL OF MAHARASHTRA & GOA: The main issue in this
case was whether a medical professional, Dr. Hani raj L. Chulani, could simultaneously practice as a doctor
and be enrolled as an advocate under the Advocates Act, 1961. The Bar Council of Maharashtra & Goa had
rejected his application for enrolment on the ground that he was engaged in another profession. Dr. Chulani
challenged this decision, arguing that the restriction violated his fundamental rights under Articles 14 (Right
to Equality), 19(1)(g) (Right to Practice a Profession), and 21 (Right to Life and Liberty) of the Indian
Constitution.
Judgement
The Supreme Court dismissed Dr. Chulani's appeal and upheld the rule that prohibits individuals already
engaged in another profession from enrolling as advocates. The Supreme Court has held that the rule made
by the bar council is restricting the entry of person already carrying on another profession is not arbitrary
and, therefore not against article 14 of the Constitution.
Reason
 Legal Profession Requires Full-Time Commitment
 Under Rule 1 of Chapter II, Part VI of the Bar Council of India Rules, a person cannot be
enrolled as an advocate if they are engaged in any other profession, business, or employment.
 The Advocates Act, 1961, also provides that a person must exclusively practice law if they wish to
be recognized as an advocate.
 No Violation of Fundamental Rights

III. ALL INDIA BAR EXAMINATION: The Bar Council of India has inserted rules 9 to 11 in part 4
chapter 3 of the Bar Council of India rules. As per rule 9 no advocate in enrolled under section 24 of
the advocates act shall be entitled practice under chapter 4 of the said act, endless such advocate
successful passes the All-India Bar Examination conducted by the Bar Council of India.
Rule 10 makes provision in respect of the All-India Bar Examination-
1) the Bar Examination shall be held at least twice a year.
2) the Bar Examination shall test advocates in such substantive and procedural law areas as the bar
council of India long time to time.
3) search substantive/procedural law areas and syllabi shall be published by the bar council of India at
least 3 months prior to the scheduled date of examination.
4) the percentage of marks required to pass the Bar Examination shall be determined by the bar
council of India.
5) an unsuccessful advocate may appear again for the Bar Examination, without any limit on the
number of attempts.
6) the bar council of India, through a committee of experts, shall determine syllabi, recommended
reading, an appointment of paper setters, moderators, evaluators, model answers, examination hall
rules and other related matters.
7) the bar council of India determined the manner and format of application for the examination.
8) upon successful passing the Bar Examination, the Advocate shall be entitled to a certificate of
practice.
  DISQUALIFICATION FOR ENROLMENT (SECTION 24-A)
It provides that no person shall be admitted as an advocate on State roll-
a) if he is convicted of an offence involving moral turpitude.
b) if he is convicted of an offence of untouchability act, 1955.
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after 2 years has
elapsed since his release or dismissed, as the case may be.
In ANEES AHMAD V. UNIVERSITY OF DELHI, Delhi High Court has held that no full-time law
teachers drawing regular salaries can enrol himself as an advocate.

DISCIPLINARY COMMITTEE
Disciplinary committee means a person or a group of people who are empowered to hear cases and
proceedings involving professional misconduct of an advocate upon a complaint, revision or Suo motu. The
disciplinary committee is mainly formed to ensure that the members of the bar council of India or the bar
council of any state are maintaining professional ethics and standards. S.9 of the Advocates Act empowers
the state Bar Councils to constitute one or more Disciplinary Committees.
 COMPOSITION OF THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF
INDIA
 Elected Members: Two members are elected by the Bar Council of India from among its own
members. These elected members play a crucial role in ensuring that the disciplinary
committee reflects the diversity and expertise present within the Bar Council.
 Co-opted Member: The third member of the disciplinary committee is co-opted by the Bar
Council from among advocates who possess the qualifications specified in Section 3(2) of the
Advocates Act, 1961, but are not members of the Council. This ensures representation from
the wider legal community and brings diverse perspectives to the disciplinary process.
 Chairmanship: The senior-most advocate among the members of the disciplinary committee
serves as its chairman. This ensures effective leadership and impartiality in the proceedings.

 FUNCTIONING AND POWERS OF THE DISCIPLINARY COMMITTEE OF THE BAR

COUNCIL OF INDIA
These powers are enumerated under Section 42 of the Advocates Act, 1961, and include the
following:
 Summoning and Examination: The committee has the authority to summon and enforce the
attendance of any person and examine them on oath. This enables thorough investigation and
gathering of evidence during disciplinary proceedings.
 Discovery and Production of Documents: The committee can require the discovery and production
of any documents relevant to the inquiry. This ensures transparency and access to evidence necessary
for a fair decision.
 Receiving Evidence on Affidavits: Evidence can be submitted to the committee in the form of
affidavits, facilitating a streamlined process of evidence presentation.
 Requisitioning Public Records: The committee is empowered to requisition any public record or
copies thereof from any court or office. This authority aids in accessing official records pertinent to
the inquiry.
 Issuing Commissions: The committee can issue commissions for the examination of witnesses or
documents, allowing for a comprehensive investigation into the allegations.
 Miscellaneous Powers: The committee may exercise any other powers as may be prescribed,
enabling it to adapt to the evolving needs of disciplinary proceedings.
 The disciplinary committee has no right to require the attendance of the following persons.
 (i) Any presiding officer of the court. (ii) Any officer of the revenue court.
 RESTRICTED POWERS AND PROCEDURAL SAFEGUARDS
While the disciplinary committee possesses significant powers, certain restrictions and procedural
safeguards are in place to ensure fairness and adherence to legal principles. These include:
 Prior Approval for Certain Actions: Certain actions of the committee, such as summoning
presiding officers of courts or officers of revenue courts, require prior approval from the respective
authorities. This safeguards against misuse of power and ensures respect for the judicial hierarchy.
 Deemed Judicial Proceedings: Proceedings before the disciplinary committee are deemed to be
judicial proceedings, ensuring that they are conducted with the requisite diligence and adherence to
legal norms.
 Review of Orders: The committee has the power to review its own orders under Section 44 of the
Advocates Act, 1961. This allows for the correction of any errors or miscarriage of justice that may
have occurred during the disciplinary process.
 Quorum and Decision-Making: In the event of the unavailability of the Chairman or any member of
the committee, proceedings may still continue, provided that the final decision is deferred until the
required quorum is met. Additionally, if the committee is unable to reach a majority decision, the
matter is referred to the Chairman of the Bar Council for resolution.

Allahabad Bank Vs. Girish Prasad Verma

Facts: A complaint was lodged by the Allahabad Bank against its advocate Girish Verma stating that the
advocate was given 52 suits for filing and accordingly paid him the requisite court fee that was required for
the same. The Advocate Girish Verma filed 50 out of 52 suits and misappropriated the court fees paid to him
for the remaining 2 suits.
Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the advocate had
misappropriated the court fee paid to him by the complainant and hence ordered for striking off the
advocates name from the roll of Uttar Pradesh Bar Council.
Rajendra Pai Vs. Alex Fernandes
Advocate Alex Fernandes, involved in a land acquisition case, was found guilty of withdrawing
compensation funds under false pretences. The disciplinary committee initially ordered his permanent
removal from the bar council rolls, later modified by the Supreme Court to a seven-year suspension, citing
disproportionality of punishment.

 PROCEDURE FOR PUNISHMENT

Section 35 of the Advocates Act should be followed:

1. On perusal of the complaint, if the Bar council is satisfied that it is a fit case for enquiry then the
complaint shall be referred for enquiry to the Disciplinary Committee.
2. The Disciplinary Committee shall fix a date for enquiry and shall send notice to the concerned Advocate
and the Advocate General of the State.
3. The Advocate charged with the professional misconduct shall appear in person or through the Lawyer.
Similarly, the Advocate general also appear in person or through a lawyer.
4. The Disciplinary Committee should complete the enquiry proceedings within one year from the date of
receipt of the complaint. Due to any reason, if the enquiry was not completed within one year, then the
complaint should be referred to the Bar Council of India for its disposal.
5. During the pendency of the enquiry if the term of the Disciplinary Committee comes to an end, then the
successor committee shall continue the enquiry.
6. After the enquiry due to the lack of majority opinion or otherwise if the Disciplinary Committee was
unable to take a final decision, then they shall seek the opinion of the chairman of the bar council and shall
pass the final order following his opinion.
 DUTIES OF AN ADVOCATE TO THE COURT

Bar Council of India Rules, also known as the “Standards of Professional

Conduct and Etiquette” lays down the specific duties and responsibilities
of advocates.
Any violation of the ethical duties and professional responsibilities by an
advocate may result in disciplinary proceedings before the Bar Council.

 Duty to uphold the dignity and decorum of the court: Advocates have a
solemn duty to maintain the dignity and decorum of the court. They
must conduct themselves in a manner that upholds the dignity and
respect of the judiciary, and refrain from engaging in any act or
behaviour that may undermine the integrity or authority of the court.
 Duty to assist the court in the administration of justice: They must
present their cases honestly, fairly, and with utmost sincerity.
Advocates are officers of the court and have a duty to ensure that
justice is served and that the truth is brought before the court. They
must not withhold any material information from the court or mislead
the court in any manner.
 Duty of confidentiality: Advocates have a duty to maintain the
confidentiality of their client’s information. They must not disclose any
confidential information or privilege without their client’s consent unless
required by law. Advocates must protect their client’s interests and
ensure that their client’s information is not divulged to unauthorized
persons.
 Duty to be candid with the court: Advocates have a duty to be candid
and forthright with the court. They must not misrepresent facts, cite
false authorities, or present misleading arguments.
Advocates must present their cases honestly and must not engage in
any activity that may undermine the integrity of the legal profession or
the administration of justice.
 Duty to respect the orders of the court: Advocates have a duty to
respect and abide by the orders of the court, whether they agree with
them or not. Advocates must comply with the orders of the court and
must not engage in any activity that may obstruct or interfere with the
administration of justice.
 Duty to be punctual and prepared: Advocates have a duty to be
punctual and prepared for all court hearings and proceedings.
Advocates must arrive in court on time, be fully prepared with all
necessary documents, evidence, and arguments, and be ready to
present their case before the court.
 Duty of fair and honest advocacy: Advocates have a duty of fair and
honest advocacy in court. Advocates must not knowingly make false
statements, suppress material facts, or mislead the court or opposing
parties.
 Duty to refrain from criticism of the court: Advocates must not make
derogatory remarks, use disrespectful language, or engage in any
conduct that may undermine the dignity or authority of the court.
Advocates must always maintain a respectful and professional
demeanour in their interactions with the court, even if they disagree
with a court’s decision or ruling.
 Duty to comply with court orders and directions: Advocates have a duty
to comply with court orders and directions. Advocates must not defy or
obstruct the implementation of court orders or directions and must take
necessary steps to ensure compliance.
Advocates must also not engage in any conduct that may be deemed
contumacious or disobedient towards the court, as it undermines the
authority and integrity of the judicial system.
 Duty to avoid frivolous or vexatious litigation
Advocates have a duty to avoid initiating or pursuing frivolous or
vexatious litigation. Advocates must thoroughly examine the merits of a
case and advise their clients accordingly.
Advocates must not file or defend a case that lacks legal or factual basis
or is intended solely to harass or burden the court or the opponent.
 An advocate shall not stand as a surety, or certify the soundness of a
surety for his client required for the purpose of any legal proceedings.
 An advocate should have sense of humour and pleasing manners in his
argument.
 An advocate shall not enter appearance, act, plead or practice in any
way before the court, tribunal or authority mention in Section 30 of the
Act, if the sole or any member thereof is related to the Advocate as
father, mother, grandfather, son, grandson, daughter, sister, father in-
law, mother-in-law, son in law, brother-in-law, daughter in law or sister-
in-law
 An Advocate should not act or plead in any matter in which he himself is
pecuniarily interested.

DUTIES OF AN ADVOCATE TOWARDS THE CLIENT

 Duty of loyalty and commitment: Advocates have a primary duty

towards their clients. They must act in the best interests of their clients
and diligently represent their clients’ legal rights and interests.
Advocates must maintain a high level of loyalty, commitment, and
confidentiality towards their clients.
 Duty to provide competent and diligent representation: Advocates have
a duty to provide competent and diligent representation to their clients.
They must possess the requisite knowledge, skill, and expertise to
handle the legal matters entrusted to them.
 Duty of disclosure and informed consent: Advocates have a duty to
disclose all relevant facts to their clients and obtain their informed
consent before taking any action on their behalf. Advocates must
 provide complete and accurate information to their clients regarding the
legal implications, risks, and possible outcomes of their cases.
 Duty to avoid conflicts of interest: Advocates have a duty to avoid
conflicts of interest between their clients and themselves or their
associates. Advocates must not represent conflicting interests that may
compromise their loyalty, integrity, or objectivity towards their clients.
 Duty to maintain professional integrity and independence: Advocates
have a duty to maintain professional integrity and independence. They
must not engage in any act that may compromise their integrity,
independence, or impartiality. Advocates must not allow any undue
influence, pressure, or consideration to interfere with their professional
judgment or compromise the interests of justice.
 Duty to maintain communication and updates
 Duty to act in the best interests of the client

DUTIES OF AN ADVOCATE TOWARS SOCIETY

 Duty to promote access to justice: Advocates have a duty to promote

access to justice and ensure that justice is accessible to all, irrespective
of their social, economic, or personal background. Advocates must not
refuse legal representation to any person on the grounds of
discrimination, bias, or prejudice
 Duty to promote legal education and awareness: Advocates have a duty
to promote legal education and awareness among the general public.
 Duty to uphold the rule of law and social justice: Advocates have a duty
to uphold the rule of law and promote social justice. They must use their
legal skills and knowledge to prevent and redress any violation of
human rights, injustice, discrimination, or abuse of power.

DUTIES OF AN ADVOCATE TOWARDS THE BAR

COUNCIL

 Duty to comply with the code of ethics

 Duty to pay dues and fees: Advocates have a duty to promptly pay their
dues, fees, and subscriptions to the Bar Council. Advocates must also
promptly respond to any communications, notices, or requirements from
the Bar Council and comply with their regulations and procedures.
 Duty to participate in Bar Council activities: Advocates have a duty to
actively participate in the activities of the Bar Council, such as elections,
meetings, seminars, and workshops.
 Duty to abide by the rules and regulations of the Bar Council:
 Duty to report misconduct
 DUTIES OF AN ADVOCATE TOWARDS OPPONENT

 Duty of fairness and respect towards the opposite party: Advocates

have a duty of fairness and respect towards the opposite party.
Advocates must not engage in any conduct that may harass, intimidate,
or bully the opposite party.
 Duty of professional courtesy towards opposite counsel: Advocates have
a duty of professional courtesy towards the opposite counsel. Advocates
must treat the opposite counsel with respect, dignity, and
professionalism. They must not engage in any conduct that may
undermine the reputation or interests of the opposite counsel.
Advocates must also not make any personal attacks or use derogatory
language against the opposite counsel during court proceedings.
 Duty to avoid conflicts of interest with the opponent: Advocates have a
duty to avoid conflicts of interest with the opponent. Advocates must
not represent conflicting interests that may compromise their ability to
provide unbiased and effective representation to their clients.

DUTIES OF AN ADVOCATE TOWARDS THE LEGAL

PROFESSION

 Duty to uphold the dignity and honour of the legal profession

 Duty to promote legal education and professional development
 Duty to maintain professional conduct and etiquette
 Duty to avoid misleading or false statements
 Duty to respect the authority of the court