Applied Law Series: The Practical Sphere of Law A collective Archive of daily practices and pragmatic approach in legal field

Who are Advocates?

Advocates are the legal professionals who completed their law degree and registered himself in Bar council. A legal person who pleads the cause of others in Court of law. Advocates are one of the most important parts of the judicial system. Advocates try to bring justice for their clients by strong arguments on the facts in courts.

Essential qualification and registration process as an advocate.

  1. To become an Advocate first of all a person must hold a bachelor degree in Law either 3 years or 5 years course from any college recognized by Bar Council of India.
  1. The person who holds bachelor degree can now register himself in an State Bar Council. 

Enrollment in any State Bar Council:-

According to section 24 of Advocates Act, 1961,  a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely-

  • He/she is a citizen of India.
  • He/she completed the age of 21 years.
  • He/she has obtained a degree in Law.
  • He/she has to pay Stamp duty and enrollment fees to the State Bar Council.

An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practice.

After the registration process is done, according to section 30 an advocate gets the right to practice throughout the territories to which this Act extends:-

  • In all courts including the Supreme Court.
  • Before any Tribunal before any tribunal or person legally authorised to take evidence.
  • Before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.

AIBE- All India Bar examinations.

The Bar council of India has adopted a resolution to conduct AIBE every year. After the registration process is done one can give the AIBE exam. The certificate of practice as an advocate is provided only after passing the AIBE exam. AIBE tests the knowledge of an advocate on various aspects of law. If a person fails to pass the exam can reappear for the same.

Who may be disqualified for enrollment as an advocate?

According to section 24A, No person shall be admitted as an advocate on a State roll:- 

  • If he is convicted of an offence involving moral turpitude.
  • If he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955.
  • If he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.

Is the name of an advocate transferred from one State Bar Council to another State Bar Council?

Yes, according to section 18 of Advocates Act 1961, any person who registered as an advocate in any State Bar Council may make an application in prescribed form to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council.

Shahrukh Hussain Khan, B.A.LL.B (Honours), Aligarh Muslim University Centre Malappuram, Kerala