Advocate means an advocate entered in any roll under the provision of Advocate Act 1961. Chapter 3 of the Advocate Act, makes provision for the admission and enrollment of Advocates.If a person fulfills the conditions required for admissions as an advocates, he may be enrolled as an advocate by the State Bar Council. The Conditions to be fulfilled for being enrolled as an Advocate have been stated in Section 24 of the Advocate Act are as follows : 

Qualification for the Admission and the Enrollment  as an Advocate :
 
         A person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions -


                1) He is a citizen of India, Provided that 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 other country;

                2) He has completed the age of twenty-one years;

                3) He has obtained a degree in law —
                
                         (i) before the 12th day of March, 1967 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 by the Government of India Act, 1935; or
                 
                         (iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a 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 years commencing from the academic year 1967-68 or any earlier academic year from any University in India which is recognized for the purposes of this Act by the Bar Council of India; or he is barrister and is called to the Bar on or before the 31st day of December, 1976 or has passed the articled clerks examination or any other examination specified by the High Court at Bombay or Calcutta for enrollment 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.

                       (iv) In any other case, from any University outside the territory of India, if the degree is recognized for the purposes of this Act by the Bar Council of India or; he is barrister and is called to the Bar on or before the 31st day of December, 1976 or has passed the articled clerks examination or any other examination specified by the High Court at Bombay or Calcutta for enrollment 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;

               3) He fulfills such other conditions as may be specified in the rules made by the State Bar Council under this Chapter;
  
               4) He has paid, in respect of the enrollment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 and prescribed enrollment fee payable to the State Bar Council as prescribed. (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 that Council) Provided that where such person is a member of the Schedule Castes or the Schedule Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrollment fee payable by him to the State Bar Council shall be one hundred rupees and to the Bar Council of India, twenty-five rupees.

Explanation

              For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on that 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.

            Section 24(2) of the Advocate Act, makes it clear that a vakil or a pleader who is a 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 provisions 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).

Section 24 (3) of Advocates Act makes it Clear that Notwithstanding anything contained in sub-section (1) a person who—
                                      (a) has, for at least three years, been a vakil or 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 of 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 of pleading or acting or both) by virtue of the provision 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 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 a State roll if he —

                                        (i) makes an application for such enrollment in accordance with the provisions of this Act; and
                                        (ii) fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section.

State Bar Council has a right to refuse to enroll person with LL.B Degree as an Advocate. See case  Dr. Haniraj Chulani Vs. Bar Council of Maharashtra and Goa In this case  In this case supreme court held that the rule made by the bar council restricting the entry of person already carried on other profession is not admitted and therefore not violate to the Article 14, 19(1) (g) and article 21 of the constitution.



See also 

1) Disqualifications for enrollment as an Advocate

2) Duties of an Advocate

3) Enrollment of Supreme Court Advocates

4) Constitutional validity of the contempt of Courts Act, 1971

5) Advocate's Duty to render legal aid

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