CHAPTER III

ADMISSION AND ENROLMENT OF

ADVOCATES
• S. 16. Senior and other advocates
There shall be two classes of advocates, namely,
senior advocates and other advocates.
An advocate may, with his consent, be designated as
senior advocate if the Supreme Court or a High Court
is of opinion that by virtue of his ability, standing at
the Bar or special knowledge or experience in law he
is deserving of such distinction.
Two Exceptions
A) Earlier System:-
- It was the total discretion of the full Court of the high
court or of Supreme Court as the case may be.
- So earlier all the applications for designations were
circulated to judges and those who received
recommendation from at least five judges were
presented before the full Court for final voting.
- No minutes were prepared.
- The reason for rejecting the application was also not
disclosed
B) MS Indira Jaising v. Supreme Court of India (2017):-
- Three-Judge Bench of Supreme Court Justices Ranjan Gogoi,
Rohinton Nariman & Navin Sinha had heard arguments and
had very clearly prescribed the parameters for designation of
Advocates as Senior Advocates.
- Jaising, herself a Senior Advocate, had argued that the
system for granting the designation, at the discretion of
Judges of the High Courts and Supreme Court is
discriminatory and needs to be modified.
- Jaising also raised an argument that the practice violated
Article 14 and 15 of the Constitution of India being arbitrary
and discriminatory.
• The Supreme Court recognized the need for a
more transparent procedure and criteria for
doing so.
• Procedure:-
A) Permanent Committee for Designation of
Senior Advocates composed of the Chief Justice,
the two Senior-most Judges, the Advocate General
(for High Courts) or Attorney General (for the
Supreme Court) and an eminent member of the
Bar nominated by the other members of Bar
B) Applications for designation as a Senior Advocate would be
received by the Secretariat of the Permanent Committee,
which will process the applications and send a report to the
Permanent Committee for Designation of Senior Advocates
C) The proposal for designation is to be published by it on the
official website of the concerned court, inviting suggestions
and views, which shall then be forwarded to the permanent
committee for scrutiny.
D) The Permanent Committee for Designation of Senior
Advocates has to then to interview the applicants and assess
them based on the factors:
i) Number of years of experience
 ii) Their contributions to Reported Judgments of the
Courts
iii) the number of such Judgments in the last 5 years
iv) Publications by them
v) Test of personality and suitability
Vi) pro-bono work undertaken

- The Permanent Committee for Designation of Senior

Advocates will then select which applications are to be
forwarded to the respective Full Courts, which will then
make the final decision.
- Unsuccessful applications can be resubmitted
after two years.
- Recent Guidelines :-
The new guidelines prescribe the minimum
age as 45 years to apply for the ‘senior
advocate’s designation.
Chapter I- Restrictions on Senior Advocates BCI Rules
regarding Senior advocates under S. 49, Part VI- Rules
Governing Advocates
Senior Advocates shall, in the matter of their practice of
the profession of law mentioned in Section 30 of the Act,
be subject to the following restrictions:-
(a) A Senior Advocate shall not file a vakalatnama or act
in any Court, or before any person or other authority.
Explanation : “To act” means to file an appearance or
any pleading or application in any court or before any
person or other authority
(B) He shall not involve in drafting pleading or
affidavits, advice on evidence or to do any
drafting work of any kind in any Court or before
any person.
(C) He shall not accept directly from a client any
brief or instructions to appear in any Court or
before any person or other authorities in India.
• S. 21. Disputes regarding seniority
1) Where the date of seniority of two or more persons is
the same, the one senior in age shall be considered as
senior to the other.
2) Subject as aforesaid, if any dispute arises with respect
to the seniority of any person, it shall be referred to the
State Bar Council concerned for decision
• S. 22. Certificate of enrolment
(1) State Bar Council shall issue a certificate of enrolment
in the prescribed form by the Council to every person
whose name is entered in the roll of advocates
maintained by it under this Act.
(2) Every person whose name is so entered in the State
roll shall notify any change in the place of his
permanent residence to the State Bar Council
concerned within 90 days of such change
S. 23. Right of pre-audience
1) The Attorney-General of India shall have pre-audience
over all other advocates.
2) Subject to the provisions of sub-section (1), the
Solicitor-General of India shall have pre-audience over all
other advocates.
3) Subject to the provisions of sub-sections (1) and (2),
the Additional Solicitor-General of India shall have pre-
audience over all other advocates.
3A) Subject to the provisions of sub-sections (1), (2) and
(3), the second Additional Solicitor-General of India shall
have pre-audience over all other advocates.
4) Subject to the provisions of sub-sections (1),
[(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
and other advocates inter se shall be determined by
their respective seniority.
• 24. Persons who may be admitted as advocates on a State roll.
24. Persons who may be admitted as advocates on a State roll.―
Subject to the provisions of this Act, and the rules made thereunder, a
person shall be qualified to be admitted as an advocate on a State roll, if he
fulfils the following conditions, namely:―
(a) 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 practise law in that other
country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law

(d) he has paid, in respect of the enrolment, stamp duty, if any, chargeable
under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable
to the State Bar Council
• Important Cases on S. 24. Persons who may be
admitted as advocates on a State roll
1. Indian Council of Legal Aid and Advice & Ors. v.
Bar Council of India & Anr.(1995)-

The Court has made it clear that the rule debarring a

person who have completed the age of 45 years is
beyond the rule-making power of the Bar Council of
India.
 2. Dr. Haniraj L. Chulani v. Bar Council
of Maharashtra & Goa (1996)
The Supreme Court has held that the rule made by the Bar Council
restricting the entry of person already carrying on other profession is
not arbitrary and, therefore, not against Article 14 of the
Constitution. It does not impose unreasonable restriction and as a
result it is not violative of Article 19(1)(g) which guarantees all citizens
right to practise any profession or to carry on any occupation, trade or
business. The Court has observed that Article 191(g) does not provide
an absolute right to practise any profession or carry on any occupation,
trade or business. It is subject to clause (6) of Article 19 which provides
that nothing in sub-clause (g) of Clause (1) of Article 19 shall affect the
operation of any existing law in so far as it imposes or prevents the
State from making any law imposing, in the interests of the general
public, reasonable restrictions on the exercise of the right conferred by
the said sub-clause. The rule imposes reasonable and valid
restriction. The legal profession requires full time attention.
3. Thomas P.C. v. Bar Council of Kerala (2006)-
Being Priest or Nun is not disqualification to get
enrolled as an advocate. The Court has held
that being priest or nun by itself cannot be
treated as disqualification for being enrolled as
an advocate. If a priest or nun is employed as a
full time teacher or nurse he/she may be
ineligible for enrolment. In such case he may be
asked to quit the employment as a condition
for enrolment.
• S. 24A. Disqualification for enrolment
➢convicted of an offence involving moral turpitude
➢ convicted under the Untouchability (Offences)
Act, 1955 i.e Protection of Civil Rights Act, 1955
➢dismissed or removed from employment or office
under the State on any charge involving moral
turpitude
➢Exception
1. after a period of two years has elapsed since his
released or dismissal or, as the case may be,
removal
2. person who found guilty is dealt with under the
provisions of the Probation of Offenders Act, 1958