Case Study: In Chief Executive Officer, Gujrat Meritime Board versus Patel Gandhu Bhai (AIR 1999 Gujrat 34) Gujrat High Court said that "advocate have important place in Judicial administration. He is the most competent person to help court in providing justice to the masses."So overall we can say that there must be some qualifications for the enrollment of an advocate on the rolls of state bar council. As lots of people go to an advocate, thus the person must be capable in all respects, so that he/she can help others in real sense, as advocacy is a social service more than a profession. The word "Advocate" is defined in Advocate's Act 1961 Section 2(1) as: "Advocate means registered in roll of advocates under regulations of the act" and legal professional is defined in section 2(1).
Qualifications for Registration in Roll of Advocate (India):(According to Section 24 of Advocate act 1961)
- The person must be citizen of India: The first and most important condition for enrollment in India is that th person must be citizen of India.
The nationals of other countries can only be allowed when Indians are allowed to practice in their country.
- Person must have completed the age of 21 years: It is a vital condition for enrollment that the person who wants to register must have completed the age of 21 years at the time of enrollment.
- Person must be law graduate: Section 24(1)C says about it as under -
- The person who have got the degree of law from any college/university before 12 March, 1967.
- The person who have got the degree from any university recognized by Bar Council of India after 12 March, 1967.
- The person who have got degree from any university decided by Indian Rule Act 1935.
- Payment of decided fees: The decided fees for the enrollment has to be paid by the candidate and if there is any stamp fees than under Indian Stamp Act 1899, than it should also be paid.
- Fulfillment of other Conditions: Other conditions that are decided by the state bar council must be completed along with the above mentioned conditions.
Section 24(A) of the Advocate Act 1961, describes the conditions in which the person cannot be registered.
- If the person is held guilty for crime related to moral turpitude.
- If the person is held guilty under Untouchability Act 1955.
- If the person has been dismissed from the post from employment office under state on the blame of moral turpitude. This qualification will remain effective for 2 years from the date of removal.
Note: The All India Bar Examination (AIBE), is intended to test an advocate’s ability to practice the profession of law in India. The AIBE will assess capabilities at a basic level, and is intended to set a minimum standard for admission to the practice of law; it addresses a candidate’s analytical abilities and basic knowledge of law. The notification bringing the All India Bar Examination into force was passed by the Legal Education Committee and the members of the Bar Council of India at duly constituted meetings on April 10, 2010 and April 30, 2010. All students graduating from academic year 2009-10 onwards need to clear the All India Bar Examination in order to practice law in India. The All India Bar Examination will be conducted every year from 2011 onwards. The Bar Council of India will notify dates for these examinations. You can apply to take the All India Bar Examination only after you have enrolled as an advocate with a State Bar Council.
Written by: Puneet Batish - ♂ Founder & Author
A Bio Informatician, MCSE, technology developer, Attorney & founder of GeekUpd8. He is currently practicing as an Attorney.