Admission and Enrolment of Advocates by Ruturraj
✦ Admission and Enrolment of Advocates ✦
📚 SYNOPSIS
1. Introduction
2. Statutory Basis for Enrolment
2.1 Eligibility Criteria under Sec. 24(1)
2.2 Special Cases under Sec. 24(2) and 24(3)
2.3 Additional Enrolment Routes under BCI Rules
3. Key Judicial Interpretations
3.1 Age Limit & Ultra Vires Rules
3.2 Educational Qualifications & Practice Rights
3.3 Pre-enrolment Training & Apprenticeship
4. Conclusion
1️⃣ Introduction
The Advocates Act, 1961 governs the admission and enrolment of advocates in India. A
person can practice law in courts only after being enrolled on the State Bar Council Roll
under the Act. Chapter I of the Act and Part II of the Bar Council of India Rules provide the
complete framework for such enrolment.
2️⃣ Statutory Basis for Enrolment
2.1 📘 Eligibility under Sec. 24(1)
To be admitted as an advocate on a State roll, the following six essential conditions must be
satisfied:
• (a) Citizenship: Must be an Indian citizen.
Who is a citizen of India ?
Indian Citizenship – Constitution (Articles 5 to 11)
• Article 5 – Person domiciled in India at Constitution’s start is a citizen if born in
India, or has Indian-born parent, or lived in India for 5 years.
• Article 6 – Migrants from Pakistan can be citizens if they or their ancestors were born
in India and they fulfill residency/registration conditions.
• Article 7 – Persons who migrated to Pakistan after March 1, 1947 lose Indian
citizenship, unless they returned with a legal resettlement permit.
• Article 8 – Indians living abroad can be citizens if they or their ancestors were born in
India and are registered by Indian consulate.
• Article 9 – Citizenship is lost if a person voluntarily acquires foreign citizenship.
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Admission and Enrolment of Advocates by Ruturraj
• Article 10 – Citizens under Articles 5–9 will remain citizens, unless Parliament says
otherwise.
• Article 11 – Parliament has full power to make laws on citizenship matters.
📘 Ways to Acquire Citizenship
1. By Birth – Born in India.
2. By Descent – Born abroad to Indian parents.
3. By Registration – Apply as PIO or spouse of Indian.
4. By Naturalization – Foreigners can apply after living in India.
5. By Incorporation – When new territory joins India.
• (b) Age: Must have completed 21 years of age.
o ✅ No upper age limit exists by statute.
• (c) Law Degree: Must have obtained a law degree from a recognized university:
o (i) Before 12 March 1967 – any Indian university.
o (ii) Before 15 Aug 1947 – any university within pre-Independence India.
o (iii) After 12 March 1967 – 3-year law degree from BCI-recognized
university.
o (iiia) 2-year degree (before 1967–68) also valid if recognised by BCI.
o (iv) Foreign degrees – if recognised by BCI.
o ✔ Bar-at-law or Attorneys of Bombay/Calcutta High Court also qualify.
• (e) Other BCI/State Council Conditions: Must comply with additional criteria
under BCI/State Bar Council rules.
• (f) Fees & Stamp Duty: Must pay enrolment fee:
o ₹600 to State Bar Council + ₹150 to BCI (General)
o ₹100 + ₹25 for SC/ST with valid certificate.
2.2 📘 Special Cases: Sec. 24(2)
A vakil or pleader who is a law graduate may be enrolled if:
• Application made within 2 years of the "appointed day."
• Fulfils clauses (a), (b), (e), (f) of Sec. 24(1).
2.3 📘 Historical Practitioners: Sec. 24(3)
Persons who were practising or eligible to practice law before 1961 can be enrolled if:
• Application made as per Act.
• Fulfils clauses (a), (d), (e), (f) of Sec. 24(1).
Includes:
o Vakils, pleaders, mukhtars with 3 years’ experience.
o Those previously entitled to practice under any other law.
o Advocates from Burma before 1 April 1937.
o Others entitled under rules framed by BCI.
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Admission and Enrolment of Advocates by Ruturraj
3️⃣ Key Judicial Interpretations
3.1 ⚖ No Upper Age Limit – Rule Struck Down
In Indian Council of Legal Aid & Advice v. Bar Council of India,
(📜 AIR 1995 SC 691),
🔹 Supreme Court struck down the BCI rule disqualifying persons above 45 years from
enrolment as ultra vires of the Advocates Act.
3.2 ⚖ No Relaxation on Degree Requirements
In L.M. Mahurkar v. Bar Council of Maharashtra,
(📜 AIR 1996 SC 1602),
🔹 SC held that even if one had practised as a Sales Tax Practitioner, enrolment is invalid
without the required law degree.
3.3 ⚖ Pre-enrolment Training – Ultra Vires
In V. Sudeer v. Bar Council of India,
(📜 AIR 1999 SC 1167),
🔹 SC ruled that pre-enrolment training or apprenticeship mandated by BCI was beyond
its rule-making powers and hence void.
4️⃣ Additional Provisions under BCI Rules
Under Chapter VIII of Part II of the BCI Rules:
• A retired High Court Judge can be admitted as an advocate on the roll of any State
Bar Council, provided other eligibility conditions are fulfilled.
✅ Conclusion
The enrolment of advocates in India is a tightly regulated process under Chapter I of the
Advocates Act, 1961 and relevant BCI Rules. The Supreme Court has played a pivotal
role in protecting aspirants’ rights from arbitrary BCI rules. The framework seeks to ensure
that only qualified, ethical, and competent persons are admitted to the noble profession of
advocacy.
