Procedure to Enrollment as an advocate
Table of Content:
- Qualifications required
- Enrollment Procedure to enrol as an advocate
- Enrolled under Bar Council of Delhi
According to Section 2 (1) (a) of the Advocates Act, 1961 advocate means a person who is enrolled as an Advocate under the Advocates Act, 1961. To enrol as an advocate in the territory of India under the Advocates Act, 1961 firstly the candidate needs to enrol under the State Bar Council. Section 3 of the Advocates Act, 1961 a state bar council was set up as governing body of the advocates enrolled in those territories which are covered by such State bar council.
Section 24 of the Advocates Act, 1961 provides exclusively provides the qualification that a candidate needs to possess in order to enrol in the Bar council. The section possesses the following qualification to need to be meet as a criterion:-
- He/ she must be a citizen of India. (if the national; of any other country want to enrol as an advocate in any state roll in India then he can be enrolled only if a national of India can practice law in that other country.)
- The candidate must attain the age of twenty one (21) years of age.
- The candidate must acquire a degree in law from the university which is recognized by the Bar Council of India and if the candidate is a foreign national then he/ she must obtain the degree in law from the foreign university which is recognized by the Bar Council of India.
- The candidate must possess or fulfils all the other conditions which need to be fulfilled by the concerned state roll.
Enrollment Procedure to enrol as an Advocate
An advocate needs to enrol under the state bar council before appear in the examination conducted by the Bar Council of India. The Advocates Act, 1961 provides that the state bar councils or the state rolls have the flexibility to frame their own rules and regulation which they deemed to think fit, and those provisions or regulations must be in compliance with the Bar Council of India.
Enrolled as an advocate under Bar Council of Delhi
To enrol under the state bar council following procedure must be followed (the following procedure is discussed in the context of Enrollment under Bar Council of Delhi):-
Step 1:- Obtain Enrollment Application Form
For the Enrollment purpose, the applicant/ candidate needs to buy an enrolment form for the sum of Rs 1000 from either the head office of the bar council of Delhi or from the branch offices or it can be acquired from the law library of the bar council.
Step 2:- Documents required to be submitted
The next step states that the candidate needs to fill the Enrollment application form along with the Identity card and Form v (Delhi advocates welfare fund). The Enrollment form must be accompanied by the following documents:
- Degree in Law (LLB) or the provision degree issued in lieu of such degree and the degree or the provisional degree must be submitted in original.
- Copies of the mark sheet of all the semesters. The copies must be self attested.
- If the candidate has attained three years LLB degree then such a candidate must provide the degree of graduation (in the field of arts, commerce, or science); or the provisional degree issued in lieu of the degree.
- The copies of the mark sheet for each semester of the graduation also need to be submitted along with the degree or the provisional degree. The copies must be a self attested.
- Self-attested copy of the 12th Standard mark sheet along with the 12th certificate must be submitted.
- Self attested copy of the 10th standard mark sheet along with the certificate need to be submitted.
- A copy of the document as proof of residence (it can be of aadhar card, voter ID card, driving license, PAN card, or any other reliable document.)
- A statement of declaration as proof of attaining 66% of the attendance in the whole duration of LLB (3 years or 5 years) which is acquired from the concerned college/ university must be submitted.
- The character certificate obtained from the college/ university must be submitted.
- If there is a gap in Enrollment then an affidavit for the explanation for such a gap must be submitted.
- An affidavit of the intended place of practice must be submitted. (The affidavit is made on Rs 10 Non Judicial paper).
- If the candidate indulged in any occupation, trade, or business prior to being enrolled as an advocate then proof of such occupation and its cessation must be submitted.
- Five passport size photographs [(in the black coat, white shirt, and black tie) attested by one of the advocates who fills the certificate of good moral character in the Enrollment form] must be submitted.
Note: the advocate who is filling the certificate of good moral character must be enrolled under the Bar Council of Delhi for at least 10 years.
Step 3:- Submission of the Document
After filling the form the candidate must reach the head office of the Bar Council of Delhi at Siri Fort. There the candidate must obtain an envelope from there and put the documents and the passport size photographs in that envelope. The documents must be punched and tied in the order specified in the Enrollment form.
Then approached the help desk for the Enrollment for the verification purpose. After verifying the document the officer provides you a four fold challan of green color. The candidate needs to fill the challan and move towards the accounting department.
Step 4:- Paying the Requisite Fees
There the candidate will be provided four challans of IDBI bank. Then the candidate will be moved forward to the next building which is of IDBI Bank. Then the respective amount of the four challans need to be submitted to the banker or the cashier present over there. After depositing the amount the candidate must collect the receipt of such challans.
Step 5:- Submitting the Identity Card and Advocate’s Welfare Fund
Now the candidate again went to the Bar Council Head office and submitted the receipt of challans along with the welfare fund form and identity card form.
Step 6:- Registering for Al India bar Examination
After 15-30 days the candidate must collect the provisional certificate and provisional identity card as both the documents are required to apply for the All India Bar Examination (AIBE).
Step 7:- Getting the certificate of participation
After clearing the AIBE exam the candidate gets their certificate of Practice after 6 -8 months.
Step 8:- Enrolled as an advocate
The candidate headed towards the basement of the Bar Council of Delhi office to collect the certificate of Practice along with the identity card form by paying the respective fees. After submitting the form the candidate will get the permanent identity card of his/ her advocate Enrollment and the candidate is free to practice as an advocate.