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    TOPIC 2.docx Enrolment

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    Prince Raj
    The document discusses the qualifications, process, and regulations for admission and enrollment of advocates to state bar councils in India according to the Advocates Act of 1961. Section 24 lays out the basic qualifications one must have to be admitted as an advocate, including Indian citizenship, being over 21 years old, and obtaining a law degree. The application process involves applying to the state bar council, which then refers the application to its enrollment committee comprising of 3 members. This committee approves or denies applications, and denials can be appealed to the Bar Council of India. The state bar council is also responsible for removing advocates from its roll under certain conditions and can deny enrollment to those convicted of offenses involving moral turpitude.

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    TOPIC 2.docx Enrolment

    Uploaded by

    Prince Raj
    52 views3 pages
    The document discusses the qualifications, process, and regulations for admission and enrollment of advocates to state bar councils in India according to the Advocates Act of 1961. Section 24 lays out the basic qualifications one must have to be admitted as an advocate, including Indian citizenship, being over 21 years old, and obtaining a law degree. The application process involves applying to the state bar council, which then refers the application to its enrollment committee comprising of 3 members. This committee approves or denies applications, and denials can be appealed to the Bar Council of India. The state bar council is also responsible for removing advocates from its roll under certain conditions and can deny enrollment to those convicted of offenses involving moral turpitude.

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    The document discusses the qualifications, process, and regulations for admission and enrollment of advocates to state bar councils in India according to the Advocates Act of 1961. Section 24 lays out the basic qualifications one must have to be admitted as an advocate, including Indian citizenship, being over 21 years old, and obtaining a law degree. The application process involves applying to the state bar council, which then refers the application to its enrollment committee comprising of 3 members. This committee approves or denies applications, and denials can be appealed to the Bar Council of India. The state bar council is also responsible for removing advocates from its roll under certain conditions and can deny enrollment to those convicted of offenses involving moral turpitude.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    52 views3 pages

    TOPIC 2.docx Enrolment

    Uploaded by

    Prince Raj
    The document discusses the qualifications, process, and regulations for admission and enrollment of advocates to state bar councils in India according to the Advocates Act of 1961. Section 24 lays out the basic qualifications one must have to be admitted as an advocate, including Indian citizenship, being over 21 years old, and obtaining a law degree. The application process involves applying to the state bar council, which then refers the application to its enrollment committee comprising of 3 members. This committee approves or denies applications, and denials can be appealed to the Bar Council of India. The state bar council is also responsible for removing advocates from its roll under certain conditions and can deny enrollment to those convicted of offenses involving moral turpitude.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    TOPIC 2

    CHAPTER-3 of the Advocates Act of 1961 deals with the important topic of admission and
    enrolment of advocates to the the Bar councils.

    Qualifications for Admissions

    Section 24 Lays down the rules for person to be admitted as advocates on the state roll. A person
    shall be deemed qualified to be admitted as an advocate on the state roll if:

    (a) He is a citizen of India,

    (b) He has completed the age of 21 yrs,

    © He has obtained degree in law.

    #Surajmal Surolia v The Bar Council of India – S.C held that it is the F.R of an individual to
    practice law under Art 19(1)g.

    So a person must have a degree in law and must be enrolled for which he needs to pay
    enrollment fee under the Indian Stamps Act,1899. After that he will get certificate of enrolment
    U/S 22 by States Bar Council. * At this point if you want to add any case then refer last para of
    page 4 of document M-6*

    Application for enrolment to be made to the state Bar council.

    U/S 25- It provides that all applications for admission as an advocate should be made to the the
    state Bar council in a prescribed format within whose jurisdiction the applicant proposes to
    practice.

    Process of Admission and the enrolment Committee

    Every Bar council is required to establish an enrolment committee comprising of 3 members.


    The members shall be elected by the council from amongst its members . All the applications
    shall be referred to the Enrolment Committee and they will accordingly dispose of all the
    applications. In case the committee decides to refuse , the matter shall be referred to BCI with a
    written statement containing the ground for refusal. The application shall be disposed of in
    compliance with the opinion of BCI. If they refuse it based upon the opinion of BCI then SBC
    shall send intimation of such refusal, including the name and address of applicants+ ground of
    refusal to all the other state Bar council of the country. No other state shall entertain the same
    application except with the previous consent in writing of SBC which refused it and BCI.

    #Aparna Basu Mallick V Bar Council of India


    Is a leading authority on the right of an advocate to be enrolled with the SBC and power of BCI
    to lay down conditions for enrolment..

    FACTS: Petitioner based on the regulation of Calcutta University ahs started studying LLB
    course as a non-collegiate student of the university and after complying with all the due
    requirement has obtained the degree of law. Thereafter she had applied to SBC but her
    application was rejected on the ground of Non Complying with Rule 1 (c ) Part 4 of BCI Rules
    and Standards of Legal Education which provides “that the course of study in law has been by
    regular attendance at the requisite number of lectures,tutorials and moot courts in the college
    recognized by the university”.

    Held: That the University of Calcutta has long been recognized by the BCI so appellant
    therefore, fulfills all the conditions of section 24 (1) of the Act and is entitled to be enrolled.
    ( For details refer page 7 of M6 document)

    Removal of Names from Roll

    The state Bar Council is under the obligation to remove the name of such advocate from its roll,
    who

    (i) is dead, or

    (ii) Has made application for removal of his name.

    In addition BCI may on reference of SBC or otherwise has the authority to remove the name of
    a person from the roll of Advocates if it is satisfied that such person got his name entered on the
    roll of advocates by misrepresentation of an essential fact or by fraud or undue influence. It is
    necessary to provide such advocate a reasonable opportunity of being heard with a reasonable
    opportunity.

    Disqualification for enrolment

    Section 24-A prescribes the rules for disqualification for enrolment. A person shall not be
    admitted as an advocate on the state roll:

    (a) if he is convicted of an offence involving moral turpitude;

    (b) If he is convicted of an offence under the provision of the Protection of Civil Rights
    ACT,1955

    (C) If he is dismissed or removed from employment or office under the staqte on any charge
    involving moral turpitude. ( The meaning of term Moral Turpitude is given in detail on Page 9 of
    M6 document)

    BCI rules on disqualification for enrolment


    Based on its rule amking powers, The BCI has laid down certain additional conditions for
    enrolment of Advocates, Rule 7A of part VI of Bar Council Rules, provide that a person
    applying for enrolment as an advocate shall be denied if he is dismissed, retrenched,
    compulsorily retired, removed or otherwise relived from government services or from H.C or
    S.C on charges of corruption or dishonesty. The rules further provide that a person having such
    disqualifications will be permamnently debarred from enrolling himself as an advocate.

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