By Sakshi Chhabra
Summary of the Advocates Act, 1961
The Advocates act, 1961 was established with the main objective to constitute one single class of legal practitioners called as ‘Advocates’.
In order to bring into force, the recommendations of the All India bar committee the Advocates Act, 1961 came into being and was applicable to the whole of India except for the state of Jammu and Kashmir. This act provides for the establishment of State Bar councils and an All India Bar Council to regulate the legal practice in India.
This act simply lays down the process for registrations of Advocates with the State Bar councils as well as the credentials that an individual must follow in order to practice law in India. The Bar Council of India is regarded as the Supreme body that has the full power to set the rules and regulations for the Registration of advocates on the state roll.
There were various titles in the field of law such as lawyers, vakil, etc. and in order to eliminate all of these and bring all the legal practitioners under the single title of Advocates this act came into force.
Requirements for Admission on the State roll as an Advocate
A person can be enrolled as an Advocate on the State roll if he/she fulfills the conditions required to be admitted as an Advocate laid down under Section 24 of the Advocates Act. The conditions laid down in this Section are as follows: –
A person can be enrolled as an Advocate by the State Bar Council, if
- He is a citizen of India.
- Has completed the age of twenty-one years.
- Has acquired the degree of Law.
- He has paid in the view of enrollment, stamp duty and enrollment fee to be paid to the Bar Council.
- He fulfills all the other conditions that are specified in the rules made by the State Bar Council.
Section 18 of the Advocates Act
This Section states that an Advocate whose name is registered on the roll of any State Bar Council can make an application in the prescribed form to the Bar Council of India for transferring his name from the roll of the present State Bar Council to the roll of any other State Bar Council.
After receiving an application from the concerned Advocate for such a transfer, the Bar Council of India shall direct the name of such Advocate to be removed from the roll of the first mentioned State Bar Council and to be entered in the roll of the other State Bar Council.
This provision also clears out that when an application for transfer of Advocate from one State roll to another is made, the Advocate after the said transfer shall retain the same seniority in the latter roll as well which he was entitled in the former roll.
Provided that when any application for transfer is made by an Advocate against whom the proceedings of the Disciplinary Committee are pending, the Bar Council of India after giving an opportunity to the Advocate can make a representation on his behalf and then accordingly decide to reject the application of transfer.
Section 18 of the Advocates Act Case-
Joginder Singh v. Bar Council of India[1]
In this case Joginder Singh the appellant was enrolled as an Advocate by the State Bar Council of Uttar Pradesh and then applied for transfer to the State roll of Delhi under Section 18 of the Advocates Act. His application was the denied as the Council found various allegations against him and cases registered under moral turpitude as well. And thus, his name was removed from the roll of Advocates.
The Court had sent the notice regarding the same at the registered address of the appellant but the appellant denies it. He then filed a case regarding the matter in the court of the subordinate Judge.
As a result, the Court gave the verdict stating that the appeal of the appellant fails and the appeal was dismissed with costs.
Procedure for transfer of name from one State roll to another State roll
The Advocate can make an application to the Bar Council of India stating his transfer from the existing roll of Advocates to another state roll of Advocates as well as a certified copy of the entry in which he is registered as an Advocate in the state roll is to be submitted.
The certificate given from the State Bar Council regarding the proof of enrollment and that no disciplinary proceedings are pending against the Advocate should also be submitted.
The Bar Council will then decide about accepting or rejecting the application of transfer of the concerned Advocate.
If the Bar Council of India allows the transfer the same will be duly communicated to the Advocate.
The former State Bar council after making the necessary entries and submitting the documents should inform the latter State Bar council about such a transfer and after all the formalities are completed the transfer is deemed to take effect from the date of direction given by the Bar Council of India.
After the transfer of an advocate from one state rule to another no fees are to be charged to the advocate and the advocate who is transferred should also retain the same seniority as he or she had on the former roll of State Bar Council.
No Objection Certificate for Transfer
- The applicant shall apply for a no objection certificate and request for a copy of the state roll from the State Bar council that Certifies that is an existing advocate on the State roll.
- After obtaining the no objection certificate and copy of the state rule the applicant can then file an application before the Bar Council of India under the prescribed provisions laid down.
- The application is to be filed before the Bar Council of India in Form C as per Section 18 of the advocates act along with the demand draft for rupees 2000 only drawn in favor of ‘Bar Council of India’ payable at New Delhi.
- The Bar Council of India will then obtain or no objection certificate from the concern State Bar council in which the Advocate applicant wishes to transfer.
- After the Bar Council of India has obtained the no objection certificate from both the former State role as well as the latter State role the Bar Council of India will then call for the original enrollment application from where he or she had enrolled.
- Once all the necessary documents as well as the enrollment papers are received the Bar Council of India will then hold a meeting and take a decision regarding the transfer. The decision made will then be intimated to the applicant.
Application for transfer from one State roll to another State roll
Any person whose name is registered as an advocate on any state role can make an application to the State Bar council for transfer of his name under section 18 of the advocates act in the prescribed ‘Form C’.
The transfer application should consist of: –
- A certified copy of the entry in the state role relating to the applicant
- A certified copy from the State Bar council mentioning that his enrollment certificate has not been recalled and the applicant is entitled to practice from the date of his application and that there are no proceedings pending before the disciplinary committee and that the State Bar council has no objection to the set transfer being ordered.
On receipt of the application of transfer, the Secretary Shall then inquire from the concern State Bar council whether they have any objections regarding the set transfer being granted. The Secretary thereafter shall place the papers for disposal before the Bar Council of India or before the committee constituted for this purpose.
- On receipt of an application of transfer, the ‘transferor’ State Bar Council shall transfer the entire records of the Advocate transferring from the State roll with the original enrollment application to the Bar Council of India.
- The order of the Council on the application of transfer shall be ordinance with the Form-D in the annexure.
- The applicant for such transfer shall be intimidated about the order on his application.
- Once a communication is made by the Bar Council of India of an order of transfer: –
- It shall be the duty of the applicant to submit the certificate of enrolment issued to him under Section 22 of the Advocates Act for endorsement in Form D-1 to the State Bar Council under which he is enrolled.
- The State Council shall then transmit all the necessary documents and the certificates to the State Council to which the name of the Advocate is to be transferred.
- On such endorsement been done the State Bar Council to which the Advocate is transferred shall decide the date of effect after complying with the law and Bar Council of India.
- After the application has been accepted by the Bar Council of India, the Bar Council of India shall transfer all the original records to the latter State Bar Council and if due to uncertain circumstances the application is rejected the original records shall be sent back to the former State Bar Council.
- A copy of the transfer made shall be put up on the Notice Board of the concerned State Bar Council’s.
Certificate of Enrolment
Eligible persons can be admitted as advocates under the rules of the State Bar Council. The Bar Council is empowered to frame their own set of rules and regulation in regarding rules and regulations regarding the enrollment of advocates on their State roll.
The Council’s Enrolment Committee shall then inspect a candidate’s application. And thereafter those applicants who are eligible and fulfil the criteria for enrolment shall be admitted as an Advocate on the respective State roll.
All applicants who are enrolled as Advocates are further required to pay a fee of Rs. 600 to the respective State Bar Council and Rs.150 to the Bar Council of India. These payments should be made in separate Demand drafts as mentioned in Section 24 (1) f of the Advocates Act,1961.
A certificate of enrolment shall be issued to the Advocate registered by the State Bar Council. Every person whose name is registered under the State roll can notify the Council in case of any changes required in the Certificate of Enrolment.
Bar Council of India to maintain roll of Advocates
- Every State Bar Council shall prepare and maintain a roll of Advocates in which the names and addresses of Advocates that are registered on the roll of any High Court under the Indian Bar Councils Act, 1926.
- Each such roll of Advocates must comprise of two parts, the first containing the name of the Senior Advocates and the second part consisting of the other Advocates on the roll.
- No person can be registered as an Advocate on the roll of more than one State Bar Council.
- Section 19 of the Advocate Act, 1961, provides that the State Bar Council is required to send copies of the rolls of advocates to the Bar Council of India.
- It provides that every State Bar Council must send an authenticated copy of the roll of advocates prepared by it to the Bar Council of India and then should inform to the Bar Council of India about all alterations in, the additions to, any such roll, as soon as the same have been made.
Conclusion
As we all are aware that the main power to maintain the roll of Advocates is in the hands of the Bar Council of India. There are still some problems faced by the Bar Council. As per the recent news there are currently about ‘20 lakh’ Advocates registered and one third of them are fake Advocates as per the Chairman of Bar Council of India Manan Kumar Mishra. Most of these are from Delhi.
Though the system is strict, there are still some abnormalities and in order to curb these the Bar Council of India needs development and upgrade their system with new rules and regulations.
References
- Joginder Singh v. Bar Council of India, AIR 1975 Delhi 192, 1975 RLR 15 ↑