Who is an Advocate?” — this question surely comes to the mind of every person interested in the legal structure of India at some point or other. Is a law degree enough to become a lawyer? Can anyone go to court and call himself a lawyer? In this article, we will know in detail who is called a lawyer, and which persons are eligible to be entered in the State Roll as advocates.
Do you know that just having a law degree is not enough to be called a “lawyer”? The legal profession in India is considered a respected and regulated profession, and certain eligibility and procedures have been prescribed for entry into it. In this article, we will know in detail. If you are a law student, want to make a career in advocacy or just want to enrich your legal knowledge, then this article will serve as a complete guide for you.
Table of Contents
What do you mean by Advocate? What are the persons who are entitled to be enrolled as an Advocate on State Roll?
Meaning of Advocate
A lawyer is a person who makes statements or speaks or pleads on behalf of another person. In courts, lawyers plead on behalf of their respective parties and work hard to make them win and take their remuneration for doing so.
Section 2(1)(a) of the Advocates Act, 1961According to the Act, a lawyer means an advocate or counsel of the High Court, a pleader, a mukhtar or a revenue agent.
Before entering the legal profession as a lawyer, it is necessary for every person to have passed the law examination from any recognized university in the country. Only after completing the study of law with the prescribed percentage of marks, the formality of registration of such a person as a lawyer is completed by the Bar Council of the concerned state.
Section 30 of the Advocates Act has been provided that subject to the provisions of this Act, a person whose name is entered in the role of advocates
- In the Supreme Court, High Courts and other subordinate courts,
- before any tribunal or person legally authorised to take evidence, and
- before any such person or authority
Where a lawyer is authorised to practice law under any law for the time being in force, he is entitled to practice law. Hence, it is clear that to practice law in any court, it is not sufficient for a person to be a law graduate only but it is also necessary for his name to be registered in the roll of lawyers.
Section 33 of the Advocates Act According to the Act, no person shall be entitled to practice as a lawyer in any court whose name has not been entered in the roll of lawyers under the Act. Under Section 45, if a person who is not entitled to practice law practices before any court or authority, then his act will be considered illegal and he can be punished with imprisonment of up to 6 months.
Rajendra Singh vs. Dr. Surendra Singh 1992 Cr. LJ 3749 MPIt is stated in the CC BY-SA that legal practice is an ideal profession. This profession requires special intelligence and training. A lawyer has to perform his duties with dignity, decency and discipline under the code of conduct. Hence, no person can practice law unless he has the prescribed educational qualification and his name is enrolled in the roll of lawyers.
Nilgiri Bar Association vs. T.K. Mahalingan AIR 1998 Cr.
Supreme Court in LR 247 SCThe judge said that the profession of advocacy is an ideal and sacred profession. The general public looks up to lawyers with respect. In such a situation, if a person does something that harms the reputation of this profession without the required qualification and registration, then such a person will not deserve any sympathy and it would be appropriate to give him severe punishment.
Parmanand Sharma vs. Rajasthan Bar Council AIR 1999 Raj. In, the Rajasthan High Court has decided that a person handling judicial work in a government department, who is not holding the post of Law Officer, but is working in the court on behalf of the department by performing the duties of the post of Law Officer in that department, can get registered as a lawyer with the condition that he will continue to be a lawyer of the same department.
, to join the legal profession, it is necessary for the concerned person to be a law graduate as well as have his name registered as a lawyer in the lawyers’ roll. No other person is entitled to practice law and such a person can be punished under the Lawyers Act.
Persons Entitled to be Enrolled as an Advocate in the Role of any State
Section 24 of the Advocates Act, 1961(1) Subject to the provisions of this Act and the rules made thereunder, a person shall be entitled to be enrolled as an advocate on the State roll if he fulfils the following conditions, namely:-
(a) He is a citizen of India.
Provided that, subject to the other provisions of this Act, a person belonging to any other country or nation may be enrolled as an advocate on the roll of any State if a citizen of India duly entitled to do so is permitted to practise in that other country.
(b) He has completed the age of twenty-one years.
(c) He
(i) has obtained a law degree from a University in any State of India before 12.3.1967, or-
(ii) has obtained a degree in law from a University of any area which was included in the territory of India as defined by the Government of India Act, 1935 before 15.8.1947, or
(iii) save as provided in sub-section (iii a) of section 3 of the Act,
has obtained a degree in law after completing a course of three years from any University in India recognised by the Bar Council of India for the purposes of this Act, or
(iii) has obtained a degree in law from a University in India recognised by the Bar Council of India for the purposes of these Acts after completing a course in law for a duration of not less than two academic years commencing in the academic year 1967-68 or any earlier academic year, or
(iv) in any other case, has obtained a law degree from a University outside the territory of India, if that degree is recognised by the Bar Council of India for the purposes of this Act, or is a barrister and has been admitted to the legal profession on or before 31.12.1976.
(or he has passed the bound learner’s examination or any other examination prescribed by the Bombay or Calcutta High Court for enrolment as an attorney of the Bombay or Calcutta High Court) or he has acquired such other foreign qualification in law as is recognised by the Indian Bar Council for the purpose of admission as an advocate under this Act.
(e) he fulfils such other conditions,
As may be specified in the rules made by the State Bar Council under this Chapter.
(f) He applied for nomination
The stamp duty, if any, is applicable under the Indian Stamp Act, and the registration fees of Rs. 600 to the State Bar Council and Rs. 150 to the Bar Council of India by bank draft payable in favour of that Council.
Provided that where such person is a member of the Scheduled Caste or the Scheduled Tribe 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 and twenty-five rupees.
Explanation-For the purposes of this section, a person shall be deemed to have obtained a law degree from a University in India on the date on which the results of the examination for that degree are published by the University on its notice board or it is otherwise declared that he has passed the examination.
(2) Notwithstanding anything contained in sub-section (1), any advocate or pleader who is a law graduate may be enrolled as an advocate on the State roll, provided that he-
(b) makes an application for such enrolment in accordance with the provisions of this Act within two years from the appointed day and not later; and
(b) the conditions mentioned in clauses (a), (b), (e) and (f) of sub-section (1);
It fulfils it.
(3) Notwithstanding anything contained in sub-section (1), any person who—
(a) has, for at least three years, been an advocate or a pleader or a mukhtar or was at any time entitled under any law to be enrolled as an advocate of any High Court (including the High Court of a formerly Part ‘B’ State) or of the Court of a Judicial Commissioner in a Union Territory, or
(a) by virtue of the provisions of any law (whether by pleading or by action
was entitled before 1.12.1961 to practise as an advocate otherwise than as an advocate; or who would have been so entitled if he had not been in the public service on that date, or
(c) was, before 1-4-1937, an advocate of the High Court of any area included in Burma as defined by the Government of India Act, 1935; or
(d) is entitled to be enrolled as an advocate under any rule made on this behalf by the Bar Council of India.
may be enrolled as an advocate on the roll of any State, provided that he-
(i) applies for such enrolment in accordance with the provisions of this Act and (ii) fulfils the conditions mentioned in clauses (a), (b), (e) and (g) of sub-section (ⅰ).
Bar Council of India vs. Aparna ‘Vastu Malik 1994 2 SCC 102In, since the candidate was not studying as a regular student in the college, it was held that he was not complying with the conditions required for being registered as an advocate.
Baldev Raj Sharma vs. Bar Council of India AIR 1989 SC 1541A person who has pursued a law degree for two years as a private student and a third-year degree as a regular student was not considered eligible for registration.
L.M. Mahurkar vs. Bar Council AIR 1996 SC 1602In 2011, it was decided that practising sales tax cannot be considered as practising law. Such a person is not entitled to be registered as a lawyer.
In Indian Council v. Bar Council AIR 1989 SC 154, it was held that
It was held that the rule prohibiting persons who have attained the age of 45 years on the date of application for admission to the legal profession is unfair and beyond the powers of the Bar Council. The Bar Councils at the State and Central levels have been constituted not only to safeguard the interests, rights and privileges of the members but also to protect the legal profession.
Rather, it has been made to safeguard the interests of litigants, so as to maintain liberal usage and to preserve the purity and dignity of the profession. The rule which bars a person who has attained the age of 45 years from being registered as an advocate is ultra vires Section 59(1)(aj) of the Advocates Act as it is discriminatory, arbitrary and unreasonable. Such a rule is not in the interest of the common man. It should be abolished as it violates Article 14 of the Indian Constitution.
विधि व्यवसाय में व्यावसायिक नीति की क्या आवश्यकता है? व्यवसाय से आप क्या समझते हैं? प्रकृति और महत्व बताइये
पेशेवर नैतिकता / व्यावसायिक नैतिकता: अर्थ, प्रकृति, महत्त्व
संविदा : अर्थ, परिभाषा, महत्व और प्रकार
From this article, it is clear that becoming a lawyer is not just a matter of getting a degree, but it is a legal and ethical process in which there is a clear system of qualification, registration, and responsibilities. According to the provisions of the Advocate Act, of 1961, only a person whose name is registered in the state can practice law. Advocate duly entered in the roll.
The legal profession is not only an employment, but it is also a respectable mission related to the protection of public interest, justice and the Constitution. Therefore, if you are planning to enter this field, then become a part of this dignified profession by completing the required educational and legal qualifications. I hope that this article has helped you understand what a lawyer is. If you have any suggestions or questions, you can comment us. Your feedback is important to us. Tell us in the comments how you liked this article.