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Enrollment and Admission of Lawyers in India
Lawyers play an important role in helping courts make fair decisions. They gather legal information that is important to the case and use it to assist judges in making the best decision possible. Without lawyers, judges would have a difficult time reaching a suitable verdict.
Advocates must be admitted and enrolled in accordance with Sections 16 to 28 of the Advocates Act of 1961. The sections of the Advocates Act of 1961 that apply to the admission and enrollment of Advocates can be found under the headings below.
Who is an Advocate?
An advocate is someone who supports a cause or a particular viewpoint. In the legal system, an advocate represents a client in the court of law. Every country's judicial system would be insufficient without an advocate. He is the only one in charge of making the case and bringing justice to the victim through his justifications. An advocate is sometimes referred to as an officer of the court because of the critical role he plays in the legal system.
Enrollment and Admission of the Advocate
The Advocates Act of 1961, Sections 16 to 28, govern the admission and enrollment of advocates. Section 16 of the Advocates Act categorizes advocates as Senior Advocates or Other Advocates.
If the Supreme Court or a High Court believes that an Advocate's skill, reputation at the Bar, or special legal knowledge or expertise merit such recognition, the court may designate him as a Senior Advocate with his consent.
Each State Bar Council is required by Section 17 of the Advocates Act to create and maintain a list of advocates. It will be divided into two parts. The list of Senior Advocates is in the first section, and the list of other Advocates is in the second. If more than one Advocate enrolls on the same day, their names will be listed in the order of their seniority.
A person can only register as an advocate with one Bar Council. The State Bar Council is required to send an authorized copy of the Advocates Roll whenever a new advocate is added to the roll or a name is removed from the roll.
Certificate of Enrollment
According to Section 22 of the Advocates Act, any person whose name is on the list of advocates that the State Bar Council keeps in accordance with this Act must obtain a certificate of enrollment in the appropriate form from the State Bar Council.
Prerequisites for Enrollment
As per Section 24 of the Advocates Act following requirements mandatory for becoming an Advocate −
He must be an Indian citizen.
He must be at least 21 years old.
He must have completed either a 3-year legal course (regular university studies after graduation) or a 5-year integrated law course after 10 +2. If the legal degree is from a foreign university, it must be recognized by the Bar Council of India under the Advocates Act.
He must pay any enrollment fees levied by the State Bar Council.
He must also meet any additional enrollment requirements established by the State Bar Council.
Disqualification of Enrolment
A person is ineligible to become an advocate under Section 24 A, which governs enrolment disqualification if they have been convicted of a moral turpitude offense, found guilty under the Untouchability (Offenses) Act of 1955, fired from government employment, or otherwise removed due to an allegation of moral turpitude.
If an application for enrolment is denied on any of the aforementioned grounds of disqualification, the State Bar Council must notify all other State Bar Councils of the fact, including the applicant's name, address, and reasons for denial, and the applicant will be barred from applying for enrolment.
Removal of name from the Roll
In accordance with Section 26-A of the Advocates Act, the State Bar Council has the authority to remove any advocate's name from the state roll who has died and for whom a request has been made.
The enrollment and admission procedures of the Advocates Act, of 1961 serve as essential for controlling the legal profession in India. The Act specifies specific requirements for admission as advocates, such as obtaining a law degree from an accredited institution and passing the bar exam. Enrollment entails these steps in addition to registration with the State Bar Council, payment of fees, and adherence to professional conduct guidelines.
The Act specifies procedures for suspending and removing advocates from the list, as well as disciplinary action against advocates who violate ethical standards. Overall, the Advocates Act of 1961 plays an essential role in maintaining the quality and integrity of the Indian legal system.
Frequently Asked Questions
Q1. Who is eligible to enroll as an advocate under the Advocates Act, of 1961?
Ans. To enroll as an advocate under the Advocates Act, of 1961, an individual must have completed a degree in law from a recognized university and must have cleared the Bar Council of India's All India Bar Examination.
Q2. What is the role of the Bar Council of India in the enrollment and admission of advocates under the Advocates Act, of 1961?
Ans. The Bar Council of India is responsible for setting standards for legal education in India and for conducting the All India Bar Examination, which is mandatory for enrollment as an advocate.
Q3. What is the All India Bar Examination?
Ans. The All India Bar Examination is a mandatory examination conducted by the Bar Council of India for enrollment as an advocate under the Advocates Act, of 1961. It tests the knowledge and skills of candidates in various areas of law.
Q4. What is the minimum age for enrollment as an advocate under the Advocates Act, of 1961?
Ans. The minimum age for enrollment as an advocate under the Advocates Act, of 1961 is 21 years.
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