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Admission And Enrollment Of Advocates

Introduction

The profession of law is one of the most prestigious professions in society. A person who is a lawyer, advocate, judge, or in any profession associated with the law is always considered one of the most respected people in society. It said that there are only two professions that protect a person’s life that is a Doctor and a Lawyer. The profession of law is an evergreen profession where you are not bound to retire from your job. Everyone is not eligible to become an Advocate and argue before the bench. Now, a general question hits a reader’s mind, who is an advocate. Today’s article is based on the admission and enrollment of Advocates.

There is a diverse profile of professions within the ambit of law. The diversity ranges from lawyers, advocates, legal practitioners, judges, magistrates, legal advisors, and other recognized posts in the Indian Legal System.

Lawyer

A lawyer is a person who completed LL.B (Legum Baccalaureus) that is a Bachelor’s Degree in Law. A person who is still pursuing law or LL.B is called a lawyer. A lawyer is not eligible to stand in the court of law on behalf of his client and argue before the bench in the interest of the client. A lawyer is a term used to refer to a person who has a bachelor’s degree in Law.

Advocate

An Advocate is a person who is a Law graduate and enrolled with the Bar Council of India (BCI). An Advocate is eligible to represent his client in the court of law and argue before the bench for the interest of his client. Activities of an advocate are controlled and regulated by the BCI. An Advocate is an officer of the court or a friend of the court. An advocate is also known as Attorney, Barrister, or an attorney at law.

A legal practitioner is a person who is an advocate, lawyer, or attorney in a court in the territory of India.

“All advocates are lawyers, but all lawyers are not advocates.”

How To Become An Advocate

Being an advocate is always a popular profession among the youth. A profession of law empowers not only the person who pursue law but also the society at large. An advocate is responsible in the court of law to bring justice to the victim. An advocate plays a crucial role in the judiciary system.

LL.B (Bachelor’s Degree In Law)

In the 21st century, the profession of law still prevails over other professions among youth when it comes to professional courses. Students after completing their Higher Secondary Certificate (HSC) exam can opt for an integrated course in law. The integrated course in law is a 5-years program. On the contrary, after graduation students can pursue a 3-years LL.B program to become an advocate.

The profession of law is one of the most desirable professions in the country. Students are willing to begin their careers in law from the prestigious institutes in the country. Students are admitted to the premium law colleges or universities through national level examinations such as Common Law Admission Test (CLAT), All India Law Entrance Test (AILET), State Common Entrance Test for Law (MAH LL.B), and other state level entrance tests. The level of competition is decent for admission to the premium law colleges, but limited seats are not sufficient to accommodate all the law aspirants.

Registration In State Bar Council

The ultimate challenge before becoming an advocate is to enroll in the state Bar Council. The registration in the State Bar Council is regulated under Advocate Act, 1961. The registration is followed by the All India Bar Examination (AIBE) conducted by the Bar Council of India (BCI). The candidate was awarded the Certificate of Practice upon clearing the AIBE. The registration process in the State Bar Council varies from state to state.

Advocates Act, 1961

Advocates Act, 1961[1] was enforced on 16th August 1961 to integrate and constitute one class of legal practitioners called ‘Advocates’. Advocates Act, 1961 replaced the Indian Bar Councils Act, 1926, and endorsed 14th Law Commission Report to implement the recommendation of the All India Bar Committee.

Advocates Act, 1961[2] provides a legal framework and guidelines for legal practitioners. It aims to prescribe uniform qualifications for the Bar enrollment. It directs to establish the All India Bar Council and State Bar Councils. Its objective is to offer standard methods for registration with State Bar Councils and provide credentials required to practice in the court. It also provides the rights and duties of an advocate towards a client or a court.

Admission And Enrollment Of An Advocate

The provisions for admission and enrollment of an advocate are mentioned in Chapter III of the Advocates Act, 1961. Section 24 of the Advocates Act, 1961[3] provides the qualification and rules. These provisions shall be required to get admitted as an advocate on the State roll.

A person who wants to enroll as an advocate needs to qualify some requirements under Advocates Act, 1961. The qualifications are as follows:

  1. The person must be a citizen of India
  2. The person must complete the age of 21 years.
  3. The person must obtain a law degree.
  4. The person has to fulfill the other requirements and conditions specified in the rules made by the State Bar Council.
  5. The person has to pay the required stamp duty fees chargeable under the Indian Stamp Act, 1989 for enrollment. The enrollment fee is payable to the State Bar Council by Bank Draft was drawn in favor of the State Bar Council.

After completing the due registration, a person is enrolled with State Bar Council and allowed to practice as an advocate provisionally for two years. Within two years, an Advocate enrolled with State Bar Council needs to clear the All India Bar Examination (AIBE) conducted by the Bar Council of India. The AIBE is conducted bi-annually (twice a year). The Bar Council of India is authorized to decide the time and the place to conduct the examination. Once an advocate clears the AIBE examination, he is entitled to practice before any court of law in India.

Disqualification Of An Advocate

A person registered with the Bar Council as an advocate is subjected to disqualification[4] from the Bar. The provisions of disqualification ensure the decorum and discipline among the advocates. It also ensures professional ethics in the profession of law and code of conduct in the court. Section 24(A) of the Advocates Act, 1961 provides the provisions for disqualification of an advocate. A person shall not be admitted as an advocate under the following conditions.

  1. A person is a convict for an offense involving immorality.
  2. A person is a convict for an offense under the untouchable (Offence) Act, 1955.
  3. A person is dismissed or removed from employment or service under the State Government on any charge involving immorality.

Bar Council Of India

Bar Council of India (BCI)[5] is a statutory body established by the Parliament under Section 4 of the Advocates Act, 1961. BCI is an apex body that regulates legal practices and legal education in India. Bar Council of India organizes free legal aid to the poor. It also recognizes foreign qualifications in law obtained for admission as an advocate in India. It also recognizes law universities and colleges to impart legal education in the Country to aspiring law students. BCI supports new reforms in the Indian Legal System to deliver justice to the aggrieved. BCI acts as a guardian and safeguards the interest of advocates. BCI of India has several committees to deal with specific subjects such as the legal aid committee, executive committee, AIBE committee, etc.

Conclusion

Indian constitution is a mixture of one of the best systems adopted from various countries. The makers of the Indian Constitution prudently adopted provisions from different countries which offer optimum utilization and convenience to the Indians. The admission and enrollment of Advocates is not a cakewalk but the consistent endurance of a law graduate. Remember, it said that the profession of law is one of the most respected professions in the world. The amount of effort it requires is worth its value.

FAQs on Admission And Enrollment Of Advocates

I am a graduate of law. Can I call myself an advocate?

You can not call yourself an advocate just because you have a bachelor’s degree in law, you can call yourself a lawyer. But if you are a Law graduate and have successfully enrolled yourself as an advocate with the Bar Council of India (BCI), then you can call yourself an advocate.

I am a citizen of India and a law graduate from a foreign university. Am I allowed to practice in Indian Courts after clearing AIBE?

Yes, Bar Council of India recognizes foreign legal education obtained outside India. Thus you are allowed to practice in Indian Court after clearing AIBE.

I am a graduate of engineering. Can I pursue a career in law?

Yes, a person who is a graduate can pursue a career in law. You need to get admission in a 3-year LL.B program from a university or college recognized by the Government of India.

Can a court penalize an advocate for misconduct?

Yes, an advocate is subjected to disqualification and shall not be eligible to practice in any court within the territory of India.

[1] Advocates Act, 1961, Lego desk, 3 June 2022, Advocates Act, 1961 – Bar Council of India Rules & Right To Practice (legodesk.com)

[2] Advocates Act, 1961, Lawyer Club India, 3 June 2022, The Advocates Act: Important Sections And Case Laws (lawyersclubindia.com)

[3] Admission and enrollment of advocates, Bar Council of India, 3 June 2022, Enrolment of advocates « The Bar Council of India

[4] Admission and enrollment of Advocates, Indian Legal System, 4 June 2022, Admissions and Enrollment of Advocates | Indian Legal System (xpertxone.com)

[5] Bar Council of India, Bar Council of India, 3 June 2022, The Bar Council of India

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Prashant Sharma

Prashant Sharma is a law student at Government Law College, Mumbai. He secured AIR 46 in MHCET 2021. He used to write content based on legal issues, social issues, economic aspects, current issues, maritime industries, technology and other related topics.

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