MAR.

2023) 2633390s
CONTEMPT OF
COURTLAW(EDITION (Ciass) 25510256. (Res)
PROFESSIONAL ETHICS AND Page : 58
Pune.
Prof. Pathan s S.P. LawClasses,
MODULE - 04
OFADVOCATEs
ENROLMENT
4 ADMISSION AND
(THEADVOCATES ACT, 1961)

advocate?
Explain Senior Advocate and other
Qtn.
Senior andother advocates, S. 16:
namely, senior advocates and other advocates.
( ) There shallbe two
classes ofadvocates;
designated as senior advocate if the Supreme Court or -
(2) An advocate may, with
hisconsent, be
ofhis ability, standing at the Bar or special knowledp.
HighCourt is of opinion that by virtue
deserving such distinction.
or experience in law, he is the matter of their practice, be subject to such restrictions as
(3) Senior advocates shall, in legal profession, prescribe.
may, in the interest of the
Bar Council of India
was a senior advocate of the Court immediately before
An advocate ofthe Supreme Court who
(4)
purposes of his section, be deemed to be senior advocate:
the appointed day shall, for the senior advocate makes an application before the 31s:
Provided that where any such roll in which his name has been entered that he
December1965,to the Bar Council maintaining the
roll
Bar Councilmay grant the application and the
does not desire to continue as a senior advocate, the
shallbe altered accordingly. advocates and other advocates and
This section provides for the division of Bar into senior on merit estimated br
follows the recommendation of the Law Commission. The distinction is made
restrictions
the SupremeCourt or High Court. The Senior Advocatesin their practice be governed by
imposed by the Bar Council of India.
Supreme Court in E. S. Reddy V. ChiefSecretary, Governmnent ofAndhraPradesh, AlR
1987, SC 1550, held that S. 16 provides for pre-eminence which senior counsel enjoy in the
profession, they not only carry greater responsibilities but they also act as a model to the junior
members of theprofession. A senior counsel though he cannot draw up pleading, of the party, can
nevertheless be engaged to settle , i.e.to put the pleadings into proper and satisfactory form and
hence a senior counsel settling pleadings has a more onerous responsibility as otherwise the blame
for improper pleadings willbe laid at his doors.
The rules framed by the Bar Council of India in the exercise of its power us 49(1)\g) of the
Advocates Act are also notable. Chapter I of Part VI of the Rules of Bar Council of India makes
provisions in relation to the senior advocates. The provision of these rules may be summed up as
follows
In the matter of their practice , a senior advocate shall not
file a
Court or Tribunal or before any person or authority mentioned in S. 30 ofthe vakalatnama or act in any
to the rule makes it clear that to act means to file an Advocates Act. Explanaion
any Cout or Tribunal or before any person or other appearance or any pleading or application n
any act other than pleading required or authority mentioned in S.30 of the Act, or to do
authorized by law to be done by a party in such Courts O!
Tribunal or before any person or other authority
his recognized agent or by an advocate or an mentioned in the said section either in person or by
The rule provides further that a senior attorney on his behalf.
in the Supreme Court or without an advocate shall not appear without an advocate on recorU
before any person or other authorities advocate in Part IIof the State Roll in any Court or Tribunal o
been engaged prior to the coming into forcementioned in S. 30 of the Act.Where a senior advocate has
of the rules in this chapter, he shall not
continue thereafter.
 Z025)
PROFESSIONALETHICSAND CONTEMPT OF COURTLAW (EDITION MAR.

Page : 59 (Class) 25510256, (Res) 26333908.

| Prof. Pathan s S.P. Law Classes, Pune.
him, provided that a senior
unless an advocate in Part II of the State Roll is engaged along with
the State Roll in case which he had
advocate may continue to appear without an advocate in Part II of
criminal case, if he was so briefed
been briefed to appear for the prosecution or the defence in a
operation of the rules in this
before, he is designated as a senior advocate or before coming in the
Chapter, as the casemay be.
affidavits, advise
Besides, a senior advocate shall not accept instructions to draft pleading or
or tribunal or beforeany
on evidence or to do any drafting work of an analogous kind in any court
any kind
person or other authority mentioned in S. 30 of the Act or undertake conveyancing work of
whatsoever.
with an
This restriction shallnot extend sto settle any such matter as aforesaid in consultation
advocate in part Il of the State Roll.
PREPARATIONOFROLLOFADVOCATEAND ORDER OFSENIORITYAMONGST
2
THEADVOCATES
A person may be enrolled as an advocate by the State Bar Council
if, he fulfills the conditions
enrollment
required for admission as an advocate. U/s 24 ofthe Advocates Act, 1961, än application for
shallbe made in the prescribed form to the State Bar Council within whose jurisdiction the applicant
of State Bar Council. The
proposes to practice. The application is referred to Enrollment Committee
application may be rejected or allowed. Where the Enrollment Committee of BarCouncil propose to
Council of India.
refuse any such application, it shall refer such application for the opinion of the Bar
to remnove
S. 26A-of the Advocates Act empower a State Bar Council by amendment of 1973
received
from the State Rollthe name of any advocate who is dead or from whom a request has been
tothat effect.
any
S.27 of the Act provides that where a State Bar Council has refused the application of
entertain such
person for admission as an Advocate on its roll, no other State Bar Council shall
consent
application for admission of such person as an advocate on its roll, except with the previousIndia.
Council of
in writing of the State Bar Council which refuse the application and ofthe Bar
State Bar Councils to maintain roll of advocates- S.17.
entered
(1) Every State Bar Council, shallprepare and maintain a roll of advocates in which shall be
the names and address of
(a) all persons who were entered as advocates on the roll of any High Court under the
Indian Bar Councils Act, 1926 (38 of 1926) immediately before the appointed including
persons, being citizens of India, who before the 15h day ofAugust, 1947, were enrolled
as advocates under the said Act in any area which 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 s.
Council
(b) allother persons who are admitted to be advocates on the roll of the State Bar
under this Act on or after the appointed day.
(2) Each such rollof advocates shallconsist 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 of the roll of advocates prepared and maintained by a State Bar Counci!
under this section shall be in the order of seniority, and., subject to any rule that may be made
 (EDITION MAR, 2023)
PROFESSIONALETHICSAND CONTEMPTOFCOURTLAW
Page : 60 (Class) 25510256, (Res) 263339
Prof. Pathan s S.P. Law Classes, Pune.
council of India in this behalf, such seniority shall be determined | as followe
by the Bar
The seniority of an advocate rcferredto in clause((a) sub section (1) shall be determincd
in accordance with his date offenrolment under the Indian Bar Council Act, 1926(38o
1926)
Courtimmcdiatel
b The seniority of any person who was a senior advocate of theSupreme
part of the State roll
before theappointed day, shall, for the purpose of the first
determined in accordance with such principles as the Bar Council of India may specifu
(Note:- Clause (c) omitted by Act 60 of l1973, sec. I4).
appointed day, is enrolled as
d. The seniority of any other person who, on or after the determined by the date of such
sefior advocate or is admitted as an advocate shall þe
enrolment or admission, as the case may be.
e.
enrolled
Notwithstanding anything contained inclause (a) the seniority of an attorneyAct, 198,
(whether before or after the commencement of theAdvocates (Amcndment) enrolment as an
as an advocate shall be determined in accordance with the date of his
attorney.
(4) Noperson shall be enrolled as an adyocate on the roll of more than one State Bar Counc1l
S.19 of theAdvocates Act, 1961, requires the State Bar Council to send copies of rolls of
advocates to the Bar Council of India. It provides that every State Bar Council shallsend to the Bar
Council of India an authenticated copy of the roll of advocatesprepared by it for the first time under
this Act and shall, thereafter,communicate to the Bar Council of Indiaall alterations in and add1tion
to, any such roll as soon as the same have been made.
4. TRANSFÉR OFNAME FROM ONE STATE ROLL TOANOTHER
Transfer of name from one State rollto another- S. 18.
(1) Notwithstanding anything contained in section, 17 any person whose name is entered as an
advocate on the roll of anyState Bar Council may make an application in the prescribed form
tothe Bar Council ofIndia for the transfer of his name from the roll ofthat State Bar Council
to the roll of any other State Bar Counciland, on receipt of any such application the Bar
Council of India shall direct that 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 concerned shall comply with such direction.
Provided that whereany such application for transfer is made by a person, against whom any
disciplinary proceedings is pernding or where for any other reason if appears to the Bar Counil
of India that the application for transfer has not been made bona fide and that the transter
should not be made, the Bar Council of Indiamay, after giving the person making the application
an opportunity of makinga 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
under sub section (1) his name is transferred from the roll of one StateBar Council to advocate
that of
another, he shall retain the same seniority in the latter roll to which he was entitled in the
former roll.

5. RIGHT OF PRE-AUDIENCE. (SECTION,23)

(1) The Attorney-General of India shall have pre-audience over allother
(2) Subject to the provisions of sub-section (1), the Solicitor-General advocates.
of India shall have pre
audience over all other advocates.
 PROFESSiONAL ETRICS AND cONTEMPT OF COURTLAW (EDITION MAR. 2023)
Prof. Pathan s S.P. Law Classes, Pune. Page : 61
(Class) 25510256, (Res) 26333908.
(3) Subject to the provisions of sub-sections(1) and(2), the Additional SolicitorGeneral of India
shall have pre-audience over all other advocates.
(3A) Subject to the provisions of sub-scctions (), (2) and (3). the second Additional
Solicitor-General of Indiashall have pre-audicnce over all other advocates.
(4) Subject to the provisions of sub-sections(1), 2{(2). (3) and (3A). the Advocate General of any
State shall have pre-audience over all other advocates, and the right of pre-audience among
Advocates-General inter se shall be determined by their respective seniority.
(5) Subject as aforesaid
(i) Senior Advocates shall have pre-audience over other advocates; and
(ii) the right of pre-audience of Senior Advocates inter se shall be determined by their
respective seniority.
Order of Pre-audience:
The right of pre-audience is conferred by Sec. 23 as amended by Act 47of 1980. The order
may be set out thus:
1) The Attomey-General of India 2) The Solicitor-General of India
3) Additional Solicitor-General of India
(3-A) Second Additional Solicitor-General of India
4) Advocate-General of any State 5) Senior Advocates; and
6) Other advocates.
The right of other Advocate inter se, has to be determined in accordance with Secs. 17 and 21
of the Act. The determination, however, does not affect the right of pre-audience over other junior
advocates yet on instructions of the client the advocates appearing for aparty may agree on adifferent
choice.

6.
QUALFICATION FORADMISSION OF PERSONAS ADVOCATE ON STATE ROLL.
ADMISSION, ENROLLMENTAND CONDUCT OFADVOCATES:
Bar
Qtn. Whois advocate? Who may be admitted as a Advocate on a State roll? Can the State
Council refuse to enrollperson with LL.B. Degree as an Advocate?
right to practice,
Ans.: A person, whois enrolled as an Advocate on the State Roll and thereby has acontextotherwise
is an advocate. Sec. 2 of theAdvocate Act, 1961, provides that,unless the of this Act.
requires, an advocate means an advocate entered in any roll under the provisions Act makes
Qualification for the admission and the enrollment - Sec. 24 of the Advocates
advocate on the State Roll. Sec.24 (1)
provisions in respect of personswho may be admitted as an the rules made thereunder, a
provides that subject to the provisions of the Advocates Act, 196land if he fulfills the following
state roll,
person shallbe qualified to be admitted as an advocate on a
conditions:
a) he is a citizen of India, this Act, a national of any other
Provided that subject to the other provisions contained in
ifcitizens of India, duBy qualitied, are
country may be admitted as an advocate on a State roll,
permitted to practice law in that other country.
b) he has completed the age of twenty-one years,
c) he has obtained a degree in law India,or,
(i) before 12-3-1967 from any University in the territory of
 ((n) 5510256, (Res) 2631008
of Pathan
wBhich was compnsed betore tha
(i) befote 15 8 1947, homamy (University inany area Aet, 1935, or,
ofndia
date withn nha as deincd by the Govemment (-a), ater undergoing athree vear
cluse
() after 12- 1967, save AN provided insubin lnda which is recognized for the purposes
course of studyin lavw fiom any University
of this Act bythe BarCouncil ofIndia, or, than
(1-a) after undergong acourse of studyfrom in luw, the durationof which is not lesscarlter
two academic ycars Commencing the acadenicyear 1967-68 or any
is recognizcd for the purpose
cademie year from any Univesity in India whichbarrister and is called to the Br
ofthis Act by the Bar Council of lndia, or he is a clerk s examination spectiet
on or before 31-12-1967 or has passcd the articledenrolment as an attorney ofth:
by the High Court at Bombay or Caleutta for qualification in law as s
High Court or has obtained such other foreignpurpose of admisson as ar
recognized by the BarCouncil of India for the
Advocate under this Act;
territory of India, if the degree :s
(iv) In any other case, from any University outside the Council of lndia; or
rccognizcd for the purposes of this Act by the Bar day of December, 19
He is aBarrister and is called tothe Bar onor before the 3Istexamination specitied by
or has passed the articled clerk s examination or any other Cour.
the High Court at Bombay or Calcutta for enrolment as an attorney of that High
or has obtained such other foreign qualification in law as is recognized by the Bar
Council of Indiafor the purpOse of admissionas an advocate under this Act:
(v) He fulfillssuch othcr condition as may be specified in the rulesmade by the State Br
Council under this chapter;
(vi) He has paid, inrespect of thecnrolment, stamp duty, if any, chargeable under the lndiar
Stamp Act, 1899 and an cnrollment fee payable to the State Bar Council as prescrnbi
Providedthat where such person is a member of the Schedule Castes or the ScheduBed TribeN
and produces a certificate to the effect from such authority as may be prescribed, the enrolment te
payable by him to the State Bar Council shall be as preseribed by Bar Couneil of lndia. (Amendmet
1993)
Explanation -For the purpose ofthis sub-section, aperson, shall be deemed to have obtatnat
adegree in law from aUniversity in India on the date on which the results of thecxamination for tha
degrce are published by the University on its notice-board or otherwise declaring him to have paset
that exarnination.(Amendment 1962).
(2) Notwithstanding anything contained in sub-section (1) a vakil or a pleader who isa law gradut
may be admitted as an advocate on a State roll , if he
makes an application for such enrolment in accordance with the provisions ofthis A.
not later than two ycars from the appointed day, and
b. fulfills the conditions specified in clauses (a), (b), (e) and () of sub-section (1).
(3) Notwithstanding anything containedin sub-section (1) aperson who
has, for at least threce years, been a vakil or a 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 tg
Court of aformer Part B State) or of aCourt of Judicial Commissioner in any 'nwt
territory, or
aa. before the |Sl day of December, 1961was entitled otherwise than as an advvae
topractice the profession of law (whether by way ofpleading or acting or bth
 PROFESSIONALETHICNAND CONTEMPTOFCoURT LAW (KDITION MAR. 202.3)
Prof. Pathan s S.P. Law Classes, Pune. Page : 63 (Class) 25510256, (Res) 26333908.
by virtue of the provisions of anylaw, or who would havec heen soentitled had he
not been in publicservice on thesaid date or.
Omitted byAmendment 1973.
betore the |S day of April 1937, has bcen an Advocate of any High Court in any arca
which was comprised within Burma as defined in Government of India Act 1935 or
d is entitled to be enrolled as an Advocate under any rule made by Bar Council of India in
this behalt.,
may be admitted as an Advocate on the State roll ifhe
(i) makes an application for such enrolment in accordance with the provision s of
this Act, and
(i) fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section
(1).
State Bar Council has a right torefuse to enroll person with LL.B. Degree as an Advocate.
In case of Dr. Haniral L. Chulani Vs. Bar Council ofMaharashtra& Goa, A.I.R., 1996,SC,
I708, the Supreme Court has held that the rule made by the Bar Council restricting the entry of
person already carried on other profession is not admited and therefore not violative to the Article
14.19(1\g) and Article 2l ofthe Indian Constitution. (Please see fact of the case in detail given in
the Chapter of Cases.)
7. DISQUALIFICATION FORADMISSION OF PERSON ASADVOCATEON STATE ROLL
Qtn. When is a person disqualified for enrolment as an advocate ? What are the punishments
for misconduct under the Act ?
Ans: Section 24 A which has been inserted by Advocates (Amendment) Act, 1973 lays down the
conditions under which a person shall be disqualified for being enrolled as a member of the
State Bar Council. Originally, there were two grounds of disqualification, namely, 1) conviction
of an offence involving moral turpitude; and 2) for conviction of an offence under the
Untouchability (Offence) Act, 1955. However, a third clause has been inserted by the
Amendment of 1993 that dismissal or removal from employment or office under the State on
any charge involving moral turpitude.
Thus Section 24 A which provides for the grounds of disqualification are as under:
1) No person shall be admitted as an advocate on a State roll
(a) ifhe is convicted of an offence involving moral turpitude
(b) if he is convicted of an offence under the provisions of the Untouchability
(Offence) Act, 1955;
(c) if he is dismissed or removed from employment of office under the State on
any charge involving moral turpitude:
Explanation In this clause, the expression State shall have the meaning assigned to it under
Article 12 of the Constitution
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a
period of twoyears has elapsed since his release or dismissalor, as the case may be ,removal.
2) Nothingcontained in sub-section (1) shall apply to a person who having been found guilty is
dealt with under the provisions of the Probation of the Offenders Act, 1958.
Apart form the above provisions of disqualification of an advocate the Maharashtra and Goa
Bar Council under Rule 1 (1) denies simultaneous practice of another profession along with the
 26333904
CONTEMPT OF
CORTLAW (EDITION
MAR. 2023)
S(Class) 25510256, (Res)
PROFESSIONALETHICS AND Page : 64
Law Classes,
Pune.
H.L. Chulani Vs Bar CouncilIofMaharashtra
is Dr.
Prof. Pathan s S.P.
famous case inthis respect
practice oflaw. The see the case for details).
(please ASADVOCATE
and Goa, 1996 FORADMISSION
APPLICATION made:- S. 25.
DISPOSALOF applications for enrolment may be prescribed form to the Stos
8. in the
Authority towhom admission as an advocate shall be made Disposal of an application
application for to practice.
An
whose jurisdiction the applicant proposes
Bar Council withinan Advocate- S.26. admission as an advocate to its enrolment
as
for admission
Council shall refer every application for (2) and (3), and to any dircction that
(1) State
A Bar provision of sub section shalldispose of
committee, and subject to the behalf such committee
given in writing by the State Bar Council in this
may be
the application in the prescribed
manner.
satisfied, either on a reference made to it in this
Indiamay, if by
Provided that the Bar Council of got his name entered on the rollof advocates
person has influence, remove the name of
behalf or otherwise, that any by fraud or undue
misrepresentation as to an esaential fact or opportunity of being heard.
advocates after giving him an
such person from the roll of ofa State Bar Council proposes to refuse any such application,
(2) Where the enrolment committee India and every such reference
the Bar Council of
it shallrefer the application for opinion to grounds in support of htrefusal of the application.
shall be accompanied by a statement ofthe Council shall dispose of any application referred to
(3) The enrolment committee of a State Bar
with the opinion of the Bar
the Bar Council of India under ssb-section (2) in conformity
Council of India.
application for
(4) Where the enrolment committee of a State Bar Council has refused any
admission as an advocate on its roll, the State Bar Council shall as s00n as may be, send
intimation to all other State Bar Councils about such refusal stating the name, address and
qualifications oftheperson whose application was refused and the grounds for the refusal.

9. POWER OFSTATEBAR COUNCILTO MAKE RULES.

Power to make rules- S. 28.
(1) AState Bar Council may make rules to carry out the purposes of this chapter.
(2) In particular, and without prejudice to the generally of the foregoing power, such rules may
provide for
1. the time within which and form in which an advocate shall exprèss his intention for the
entry of hisname in the roll of a State Bar Council under Section 20.
ii. the form in which an application shall be made to the Bar Council for
advocate on its roll an the manner in which such application shall be admission as an
enrolment committee of the Bar Council disposed of by the
i11. the conditions subject to which a person may be
roll. admitted as an advocate on any Suct
iv. the installments in which the
(3) No rules made under this Chapter shall enrolment fee may be paid
Councilof India have effect unless they have been approved by the ba