Salient Features of The Advocates Act, 1961

Admission and Enrollment (s. 24)

1.(a) citizen of India – foreign nationals may be enrolled if that country allows Indian nationals 

(b) completed age of 21 years

(c) obtained a degree of law from a University recognized by Bar Council of India

(d) omitted by 1973 amendment

(e) other such conditions specified in rules by State Bar Council

(f) paid stamp duty and enrollment fee 

(2) Vakil or pleader who is a law graduate may be admitted if he fulfills the other conditions

(3) vakil, pleader, mukhtar, High Court advocate, and all such other persons eligible to practice law under prevalent law

•Pre-enrolment training and apprenticeship is ultra vires –V. Sudeer v. Bar Council of India, AIR 1999 SC 1167

•Rule that persons attaining age of 45 years cannot be enrolled is ultra vires – Indian Council of Legal Aid and Advice v. Bar Council of India, AIR 1995 SC 691 

Disqualifications for Enrolment (s. 24A)

1.(a) convicted of an offence involving moral turpitude; 

(b) convicted under Untouchability (Offences) Act, 1955; 

(c) dismissed or removed from employment or office or any charge involving moral turpitude 

Provided: disqualification to cease to have effect after 2 years after release, dismissal or removal

2.Sub-section 1 not applicable to person dealt with under Probation of Offenders Act, 1958

•Obtaining false certificate about social status – Kumari Madhuri Patil v. Addl. Commissioner, Tribal Development, AIR 1995 SC 94

•If person guilty of moral turpitude, name can be removed from the roll of advocates - Hikmat Ali Khan v. Ishwara Prasad Arya, AIR 1997 SC 864 

Enrollment Procedure

s. 25 : Application to the State Bar Council where one wishes to practice 

s. 26 : SBC refers it to enrollment committee; 

has power to remove the name if person entered it by misrepresentation, fraud or undue influence; 

intimate all other Bar Councils of the refusal to accept any application 

s. 27: Application once refused not to be entertained by another Bar Council without written consent from the previous Bar Council 

s. 28 : Power to make rules

–Time and form to make an application

–Conditions to be admitted

–Installments for enrollment fee

s. 22 : Certificate of Enrollment

s. 17 : SBC to maintain roll of advocates

s. 18 : Transfer from one state to another

Senior and other Advocates (s. 16)

•Two classes of advocates: Senior and Other

•Senior Advocate:

–Ability

–Standing at the bar

–Special knowledge/experience in law

in the opinion of the High Court/Supreme Court

Restrictions on Senior Advocate

•Cannot file a Vakalatnama or act in any Court, Tribunal etc 

–Act means filing an appearance, pleading, application or any other thing required or authorized by law either in person, or through agent or advocate 

•Must appear with an Advocate on Record in the SC and with an Advocate of the State Roll in any other Court/Tribunal 

•No accepting instructions to draft pleading or affidavits, advice on evidence 

•Cannot directly accept from a Client any brief or instructions to appear in Court 

Right of Pre-audience (s. 23)

1.Attorney –General of India 

2.Solicitor-General of India 

3.Additional Solicitor-General of India 

4.Second Additional Solicitor-General of India 

5.Advocate-General of States 

6.Senior Advocates