The Advocates Act, 1961
Admissions and enrolment of advocates
Section 24 : Persons who may be admitted as advocates on a state roll :- (1) subject to the provisions of this Act, and the rules made there under, a person shall be qualified to be admitted as an advocate on a state roll, if he fulfills the following conditions namely:-
(a) he is citizen of India
Provided that to the subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a state roll, if citizens of India, duly qualified, are permitted to practice law in that othe country:
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law-
(i) before 12th day of March 1967, from any university in any territory of India; or
(ii) before the 15th day August, 1947, from any university in area which was comprised before that date within India as defined by the Government of India Act, 1935; or
(iii) after 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing three year-course of study in law from any university in India which is recognized for the purposes of this Act by the Bar Council of India ; or
(iiia) after undergoing a course of study in law, the duration of which is not less than two academic year from university in India which is recognized for the purpose of this Act the Bar Council of India ; or
(iv) in any other case, from any University outside the territory of India, if the degree is recognized for the purpose of this Act by the Bar Council of India or he is barrister and is called the Bar on or before the 31st Day of December, 1976; or has passed the Articled clerk’s Examination or any other Examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court; or has obtained such other foreign qualification in law as is recognized by the Bar council of India for the purpose of admission as an advocate under this Act;
(e) he fulfills such as other conditions as may be specified in the rules made by the State Bar Council under this chapter;
(f) he has paid in respect of the enrolment stamp duty if any, chargeable under the Indian stamp Act, 1989 and an enrollment fee payable to the state Bar Council of six hundred fifty rupees by way of Bank draft drawn in favor of that council.
Provided that where such person is member of the scheduled castes or the scheduled tribes and produces a certificate to that effect from such authority as may be prescribed, the enrollment fee payable by him to the state council shall be one hundred rupees and to the bar council of India, Twenty five rupees.
Explanation: For the purposes of this sub-section, person shall be deemed to have obtained a degree in law from university in India on the date on which the results of the examination for that degree are published by the university on its notice board or otherwise declaring him to have passed that examination.
(2) Notwithstanding anything contained in sub-section(1) a vakil or pleader who is law graduate may be admitted as an advocate on a state roll if he.
(a) makes an application for such enrollment in accordance with the provision of this Act, not later than two years from the appointed day, and
(b) fulfills the conditions specified in clauses (a), (b) , (e) and (f) of sub-section (1)
(3) Notwithstanding anything contained in sub-section (1) a person who-
(a) has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time to be enrolled under any law as an advocate of a High Court (including a High Court of a former part B state) or a court of judicial commissioner in any union territory; or
(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practice the profession of law (whether by way of pleading or acting or both) by virtue of the provisions, of any law, or who would have been so entitled had he not been in public service on the said date: or
(c) before the first day of April, 1937, has been an advocate of any High Court in any High court in any area which was comprised within Burma as defined in the government of India Act, 1935: or
(d) is entitled to be enrolled as an advocate under any rule made by the bar Council of India in this behalf.
May be admitted as an advocate on state roll if he –
- Makes an application for such enrollment in accordance with the provisions of the Act; And
- Fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1),
Section 24-A : Disqualification for enrollment : (1) No person shall be admitted as an Advocate on State roll –
- If he is convicted of an offence involving moral turpitude,
- If he is a convicted of an offence under provisions of untouchable (offences) Act 1955;
- If he is dismissed or removed from employment or office under the state on any change involving moral turpitude.
Explanation: In this clause, the expression “State” shall have meaning assigned to it under article 12 of the constitution.
Provided that the disqualification for enrollment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be removal.
(2) Nothing contained in sub-section (1) shall apply to a person who been found guilty is dealt with under the provisions of the probation of offenders Act, 1958