PROFESSIONAL ETHICS – UNIT – 3 - PART – C.

• CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES

(Sections 16 to 28)
• SECTION 25: AUTHORITY TO WHOM APPLICATIONS FOR
ENROLMENT MAY BE MADE:
• 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.
• SECTION 26: DISPOSAL OF APLICATIONS FOR ADMISION AS AN
ADVOCATE:
• (1) A State Bar Council shall refer every application for admission as
an advocateto the enrolment committee and subject to the provisions of
sub-sections (2) and (3) nd to any direction that may be given in writing
by the State Bar Council in this behalf, such committee shall dispose of
the application in the prescribed manner.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES
• SECTION 26: DISPOSAL OF APLICATIONS FOR ADMISION AS AN
ADVOCATE (Continued)
The proviso added to sub-section (1) states that the Bar Council of
India may, if satisfied, either on a reference made to it in this behalf
or otherwise, that any person has got his name entered on the roll of
advocates by misrepresentation as to an essectial factor by fraud or
undue influence, remove the name of such person from the roll of
advocates after giving him an opportunity ff being heard.
(2) Where the enrolment committee of a State Bar Council proposes
to refuse any such application, it shall refer the application for
opinion of the Bar Council of India and every such reference shakk
be accompanied by a statement of the grounds in support of the
refusal of the application.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES
• SECTION 26: DISPOSAL OF APLICATIONS FOR ADMISION AS AN
ADVOCATE (Continued)
(3) The enrolment Committee of a State Bar Council shall dispose of
any application referred to the Bar Council of India under sub-section
(2) in conformity with the opinion of the Bar Council of India.
(4) Where the enrolment committee of a State Bar Council has
refused any application for admission as an advocate on its roll, the
State Bar Council shall, as soon as may be, send intimation to all
other State Bar Councils about such refusal stating the name ,
address and qualifications of the person whose application was
refused and the grounds for refusal.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES
▪ Section 17: State Bar councils to maintain rolls of Advocates:
(1) Every State Bar Council shll prepare and maintain a roll of
Advocates in which shall be entered the names and addresses of –
(a) All persons who were entered as advocates on the roll of any
High Court under the Indian Bar Councils Act, 1926,
immediately befire the appointed day including persons being
citizens of India who before the 15th day of August 1947, were
enrolled as advocates under the said Act in any area before the
said date was comprised within India as defined in the
Government of India Act, 1935, and who at any time express an
intention in the prescribed manner to practice within the
jurisdiction of the Bar Council,
(b) All other persons who are admitted to be advocates on the roll of
the State Bar Council under this Act after the appointed day.
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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES
▪ Section 17: State Bar councils to maintain rolls of Advocates: (continued)
(2) Each such roll of advocates shall consist of two parts, the first
part containing the names of senior advocates and the second part the
names of other advocates.
(3) Entries in each part on the rolls of advocates prepared and
maintained by a State Bar Council under this section shall be in the
order of seniority, and subject to any rule made by the Bar Council
of India in this behalf such seniority shall be determined as follows
(a) the seniority of an advocate referred in clause (a) of sub-section
(1) shall be determined in accordance with his date of enrolment
under the Indian Bar Councils Act, 1926;

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES
▪ Section 17: State Bar councils to maintain rolls of Advocates: (continued)
(b) The seniority of any person who was a senior advocate of the Supreme
Court immediately before the appointed day shall, for the purposes of the
first part of the State roll, be determined in accordance ith such
principles as the Bar Council of India may specify.
(d) The seniority of any other person who, on or after the appointed
day, is enrolled as a senior advocate or admitted as an
advocate shall be determined by the date of such enrolment or
admission as the case may be.
(e) Notwithstanding anything contained in clause (a), the seniority of an
attorney enrolled whether before or after the commencement of the
Advocates (Amendment) Act, 1980 as an advocate shall be determined
with the date of his enrolment as an attorney.
•

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 PROFESSIONAL ETHICS – UNIT – 3 - PART – C.
CHAPTER II – ADMISSIONS AND ENROLMENT OF
ADVOCATES
▪ Section 17: State Bar councils to maintain rolls of Advocates: (continued)
(4) No person shall be enrolled as an advocate on the roll of more
than one State Bar Council.
Section 22: Certificate of Enrolment:
1) There shall be issued a certificate of enrolment in the prescribed
form by the State Bar Council to every person whose name is
entered in the roll of advocates maintained by it under this Act.

2) Every person whose name is so entered in the State roll shall

notify any change in the place of his permanent residence to the
State Bar Council concerned within ninety days of such change.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)

SECTION 19:STATE BAR COUNCILS TO SEND COPIES OF ROLLS

OF ADVOCATES TO THE BAR COUNCIL OF INDIA:
Every State Bar Council shall send to the Bar council of India an
authenticated copy of the roll of advocates prepared by it for the first time
under this Act and shall thereafter communicate to the Bar Council of
India all alterations in, and additions to, any such rollas soon as the same
have been made.
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 thereunder, a
person shall be qualified to be admitted as an advocate on a State roll, if
he fulfills the following conditions, namely -

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 24: PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE
ROLL (continued)
(a) If he is a citizen of India provided that subject to 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 in that country;
(b) He has completed the age of twenty-one years;
(c) He has obtained a degree in law – (i) before the 12th August 1976
from any University in the territory of India; or (ii) before the
15th August 1947, from any University in any area which was
comprised before that date within India as defined as defined by
the Government of India Act, 1935 or (iii)after the 12th day of
March 1067, sve as provided in clause (iii-a), after undergoing
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• CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
• Clause (c): (continued) a three year course of study in law from
any University in India which is recognised for the purposes of
this Act by the Bar Council of India OR
• (iii-a) after undergoing a a course of study in law, the duration of
which is not less than two academic years commencing from the
academic year 1967 – 68or any earlier academic year from any
University in India which is recognised for the purposes of this Act
by the Bar Council of India OR
(iv) In any other case , from any University outside the territory of
India if the degree is recognised for the purposes of this Act by
the Bar Council of India OR

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• CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
• SECTION 24: PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE
ROLL (continued) CLAUSE (iv) CONTINUED
• he is a Barrister and is called to the Bar on or after the 21st day of
December 1976, OR has passed the article clerks examination OR
any other examinations specified by the High Court at Bombay or
Calcutta for enrolment as an attorney of that High Court OR has
obtained such other foreign qualifications 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 other conditions as may be soecified in the rules
made by the State Bar Council under this Chapter;

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 24: PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE
ROLL (continued)
(f) He has paid in respect of the enrolment, stamp duty, if any,
chargeable under the Indian Stam Act, 1899 and an enrolment fee
payable to the State Bar Council of Six hundred rupees and to the Bar
Council of India , one hundred and fifty rupees by way of a Bank
draft drawn in favour of the Council provided that where such
person is a member of the Scheduled Castes or the Scheduled
Tribes and produces a certificate to that effect from such authority
as may be prescribed , the enrolment fee payable by him to the
State Bar Council shall be One hundred rupees and to the Bar
Council of India , twenty rupees.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 24: PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE
ROLL (continued)
To the clause (f) stated above an explanation has been given stating
that for the purposes of this sub-section, a person shall be deemed to
have obtained a degree in law from an University in India on the date
on which the results of the examination for thst 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 a law graduate may be admitted as an advocate on a
State roll if he (a) makes an for such enrolment in accordance with
the provisions of this Act, not later than 2 years from the appointed
day and (b) fulfills the conditions specified in cluases (a), (b), (e) and
(f )of sub-section (1).
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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 24: PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE
ROLL (continued)
(3) Notwithstanding contained in sub-section (1) a person who (a)
has for at least three years been a vakil or pleader or mukhtar, or,
was entitled at any time to be enrolled under any law as n advocate
of a High Court including a High Court of a former B State, or of a
Court of Judicial Commissioner in any Union Territory OR (aa)
before the 1st day of 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 1st day of April 1937, has been an
advocate of any High Court in aby area which was comprised
within Burma as defined in the Government of India Act,2935 OR
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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 24: PERSONS WHO MAY BE ADMITTED AS ADVOCATES ON A STATE
ROLL (continued) Clause (3) continued
(d)Is entitled to be enrolled as an advocate under any rule made by
the Bar Council if India in this behalf, may be admitted on a State
roll if (i) he makes an application for such enrolment in accordance
with the provisions of this Act and (ii) fulfills the conditions
specified (a_, (b), (e) and (f of sub-section (1).
SECTION 24-A: DISQUALIFICATIONS FOR ENROLMENT:
(1) No person shall be admitted as n advocate on a State roll –
(a) if he is convicted of an offence involving moral turpitude;
(b) If he is convicted of an offence under the provisions of the
Untouchability (offences) Act,1955;

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 24-A (1): DISQUALIFICATIONS FOR ENROLMENT: (continued
(c)If he is dismissed or removed from employment or office under
the State on any charge involving moral turpitude.For the purposes
of this clause the explanation states that that the expression ‘State’
shall have the meaning assigned to it under Article 12 of the
Constitution.
The proviso added states that the disqualification for enrolment as
aforesaid shall cease to have effect after a period of two years has
lapsed since his release or dismissal or, as the case may be, removed.
(2) Nothing contained in sub-section (1) shall apply yo a person who
having been found guilty is dealt with under the provisions of the
Peobation of Offenders Act, 1958.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 18: TRANSFER OF NAME FROM ONE STATE ROLL
TO ANOTHER:
(1) Notwithstanding anything contained in Section 17, any person
whose name is entered as an advocate on the roll of any State Bar
Council may make an application in the 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 and, on
receipt of such application the Bar Council of India shall direct that
the name of such person shall, without the payment of any fee, be
removed from the roll of the first mentioned State Bar Council and
entered in the roll of the other State Bar Counciland the State Bar
Councils shall comply with such direction.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 18: TRANSFER OF NAME FROM ONE STATE ROLL TO ANOTHER
(continued)
A proviso is added to clause (1) which states that when any such
application for transfer is made by a person against whom ny disciplinary
proceeding is pending or where for any other reason it appears to the Bar
Council of India that the application for transfer has not been made
bonafide and that the transfer should not be made, the Bar Council of
India may, after giving the person making the application an opportunity of
making a representation in this behalf, reject the application.
(2) For the removal of doubts it is hereby declared that where on an
application made by an advocate under sub-section (1) his name is
transferred from the roll of one State Bar Council to that of another, he
shall retain the same seniority in the latter roll to which he was entitled in
the former roll.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
Section 27: Application once refused not to be entertained by
another Bar Council except in ce3rtain circumstances:
Where a State Bar Council has refused the application of any person
as an advocate on its roll, no other State Bar Council shall entertain
the application for admission of such person as an advocate on its
roll, except with the previous consent in writing of the State Bar
Council which refused the application and of the Bar Council of
India.
SECTION 24 – A: POWER TO REMOVE NAMES FROM THE
ROLL:
A State Bar Council may remove from the State roll the name of
any advocate who is dead or from whom a request has been
received to that effect.
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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 21: DISPUTES REGARDING SENIORITY:
1) Where the date of seniority of two or more persons is the same, the one
senior in age shall be reckoned as senior to the other.
2) Subject as aforesaid, if any dispute arises with respect to any person,
it shall be referred to the State Bar Council concerned for its
decision.
SECTION 20: SPECIAL PROVISION FOR ENROLMENT OF
CERTAIN SUPREME COURT ADVOCATES:
(1) Notwithstanding anything contained in this Chapter, every advocate
who was entered as of right to practose in the Supreme Court
immediate;y before the apponted day and whose name has noy neen
entered in any State roll may within the prescribed time, express his
intention in the prescribed form to the Bar Council of India for the entry

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES
(continued)
SECTION 20 (1): SPECIAL PROVISION FOR ENROLMENT OF CERTAIN
SUPREME COURT ADVOCATES: (continued)
Of his name in the roll of a State Bar Council and on receipt thereof the Bar
Council of India shall direct that the name of such advocate shall, without any
payment of fee, be entered in the roll of that State Bar Council, and the State Bar
Council concerned shall comply with such direction.

(2) Any entry in that State roll made in compliance with the directions of the Bar
Council of India under sub-section (1) shall be made in the order of seniority
determined in accordance with the provisions of sub-section (3) of Section 17.

(3) Where the advocate referred to in sub-section (1) omits or fails to express his
intention within the prescribed time, his name shall be entered in the roll of the
State Bar Council of Delhi.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 16: SENIOR AND OTHER ADVOCATES:
1) There shall be two classes of avocates, namely, senior advocates and
other advocates.
2) An advocate may, with his consent, be designated as senior advocate,
if the Supreme Court or High Court is of opinion that by virtue of his
ability, standing at the Bar or special knowledge or experience in law
he is deserving of such distinction.
3) Senior Advocates shall, in the matter of their practice be subject to
such restrictions as the Bar Council of India may, in the interests of
the legal profession, prescribe.
4) An advocate of the Supreme Court who was a Senior Advocate.
senior advocate of that court immediately before the appointed day
shall, for the purposes of this section be deemed to be a senior
advocate.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 16: SENIOR AND OTHER ADVOCATES (continued)
The proviso added to Section 16 (4) states that where such senior
advocate makes an application before the 31st December 1965 to the Bar
Council maintaining the roll in which his name has been entered that he
does not desire to continue as a senior advocate, the Bar Council may
grant the application znd the roll shall be altered accordingly.
SECTION 23: RIGHT OF PRE-AUDIENCE :
1) The Attorney-General of India shall have pre-audience over all other
advocate
2) Subject to the provisions of sub-sections (1), the Solicitor-General of
India shall have pre-audience over all other advocates.

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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 23: RIGHT OF PRE-AUDIENCE (continued)
(3) Subject to the provisions of sub-sections (1) and (2), the
Additional Solicitor-General of India shall have pre-audienc over
all other advocates.
(3-A) Subject to the provisions of (1), (2) and (3), the Second
Additional Solicitor-General of India shall have pre-audienc over
all other advocates.
(4) Subject to the provisions of (1), (2), (3) and (3-A), the
Advocate-General of any State shall have pre-audience over all
other advocates, and the right of pre-audience among
Advocate-Generals inter se shall be determu]ined by their
respective seniority.
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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued)
SECTION 23: RIGHT OF PRE-AUDIENCE (continued)
(5) Subject as aforesaid –(i) senior advocates shall have
pre-audience over all other advocates, and (ii) the right of
pre-audience of senior advocates and other advocates shall be
determined by their respective seniority.
Section 28: Power to make rules:
1) A State Bar Council may make rules to carry out the purposes
of this Chapter.
2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for – (a) the time
within which and the form in which an advocate sg=hall express
his intention for the entry of his name in the roll of a Stte Bar
Council under Section 20;
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CHAPTER II – ADMISSIONS AND ENROLMENT OF ADVOCATES (continued )
Section 28: Power to make rules: ( continued)
(c) The form in which an application shall be made to the Bar Council for
admission as an advocate o n its roll and the manner in which such
application shall be disposed of by the enrolment committee of the Bar
Council;
(d) The conditions subject to which a person may be admitted as an
advocate on any such roll;
(e) The instalments in which the enrolment fee may be paid.
(3) No rules made under this Chapter shall have effect unless they have
been approved by the Bar Council of India.
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