Enrolment of an Advocate with Supreme Court of India:

 

Vande Matram! In this article, I am discussing rules, provisions, and procedures for the enrollment of an advocate with the Supreme Court of India which are in the light of the Bar Council of India rules, Supreme Court Rules, 1966, and the Advocates Act, 1961. Let’s begin.

Enrolment of an Advocate with Supreme Court of India:

Introduction:

The right to practice is a fundamental right as per Article 19(1)(g) of the Constitution of India. A law graduate who has entered into the roll of the state bar council is having the right to practice in all Courts within the territory of India including the Supreme Court. Section 30 of the Advocates Act, 1961 provides for the same. Section 20 of the Act gives special provisions for the enrolment of certain Supreme Court advocates. Section 20 is produced and discussed as follows:

20. Special provision for enrolment of certain Supreme Court advocates.―(1) Notwithstanding anything contained in this Chapter, every advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State roll may, within the prescribed time, express his intention in the prescribed form to the Bar Council of India for the entry of his name in the roll of a State Bar Council and on receipt thereof the Bar Council of India shall direct that the name of such advocate shall, without payment of any fee, be entered in the roll of that State Bar Council, and the State Bar Council concerned shall comply with such direction.

In this context, as per Section 2(1)(b) ‘appointed day’ means the day on which that provision comes into force. Section 20 was substituted by Section 15 of Act 60 of 1973 which came into force on Dt. 31.01.1974. As per Section 30(i) every advocate is entitled to practice in all courts including the Supreme Court of India within the territories where this Act is applicable. Let Q be an advocate who was entitled as of right of practice in the Supreme Court before 31.01.1974. Q is not having his name enrolled in any State roll, then Q has to express his intention in the prescribed form to the Bar Council of India for the entry of his name in the roll of a State Bar Council. After receiving such application from Q, on the direction of BCI name of Q had to be entered into the roll of State Bar Council without payment of any fee of enrolment. This sub-section is applicable to the advocates practicing in the Supreme Court of India before 31.01.1974 and have not enrolled themselves into any roll of State Bar Council.

(2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of subsection (3) of section 17.

As Q was practicing in Supreme Court since before Dt. 31.01.1974 and BCI had directed to State Bar Council to enroll his name, then his name should have been placed into the roll of advocates according to his seniority.

(3) Where an advocate referred to in sub-section (1) omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi.

If Q was failed to intimate BCI regarding his enrolment into the roll of State Bar Council of his choice, then his name would be automatically entered into the roll of the State Bar Council of Delhi.

Well, this procedure is for advocates who were practicing in the Supreme Court of India before 31.01.1974. Now the procedure has been changed. The rules for practice in Supreme Court are mentioned in Order IV of the Supreme Court Rules, 1966. According to the Order IV of Supreme Court Rules, 1966

1) Only those advocates who had entered on the roll of State Bar Councils can practice in Supreme Court.

2) Only Senior Advocates can enter the Supreme Court Bar unconditionally. Other advocates have to fulfill certain conditions.

3) To enter the Supreme Court one has to give the Advocates on Record Examination of Supreme Court.

4) Very first condition to appear in such examination is at least 4 years of experience as a practicing lawyer.

5) After passing such an exam, that advocate has to take training of one year under the advocate on record of the Supreme Court on approval of the Court.

6) If an advocate is having ten years of experience in legal practice then he can be exempted from the training.

7) The experience of practice should be of the High Court of any state. High Court judges with the opinion of senior advocates can appoint an advocate as a senior advocate.

So these are the steps to get enrolled with the Supreme Court of India for practice.

Note: Part in Red words is part of Bare Act – Advocates Act, 1961.

If you want to know about specific provisions of the Advocates Act, 1961 and the Bar Council Rules then let me know in the comments below.

To know the references and to read more articles related to Professional ethics and professional accounting system please visit this page Legal Profession: Professional Ethics and Professional accounting system.

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