Admission and enrolment of advocates 2025

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This article is written by Goutam Bishuprasad Sahu and has been further updated by Easy Panda. This article discusses in detail the process of the entire admission and enrolment process of advocates along with who is actually considered as an advocate. Additionally, it includes the process of becoming an advocate and the skills required for the same.

This article has been published by Shashwat Kaushik.

Introduction

One of the most prestigious careers in society is practicing law. Being a lawyer is a never ending career as it does not need you to resign from the position. The legal profession is one of the important pillars in the Indian administration system and being an advocate can be an esteemed career choice. Not each and every individual is qualified or eligible to work as an advocate because it requires certain qualifications.

Advocacy plays a crucial role in providing justice and contributing to society. The advocates and lawyers are the important members of the legal system. In case of any problems, the advocates help the common people to find the best decision of the courts. Also, they even assist the judges in the courtrooms to deliver a proper judgment.

The concept of admission and enrolment in the legal field plays an important role because it makes sure that only qualified individuals are eligible for practising law, which helps in maintaining the integrity of the legal profession. The admission and enrolment of the advocates are clearly discussed under Sections 16 to Section 28 of the Advocates Act, 1961.

Importance of admission & enrolment

The admission and enrollment process is important so that only those law graduates who are well-versed with the law and are knowledgeable could appear before the court to represent their clients and ensure that justice is served by due process of law.

Now that we have an idea about the concepts of admission and enrolment, let us further look into who is an advocate under the Advocates Act, 1961.

Who is an advocate

The definition of ‘advocate’ mentioned under Section 2(a) states that an advocate is any individual whose name is on the State roll which the State Bar Council prepares under Section 17 of the Advocates Act, 1961. The individual should register himself in the State Bar Association or State Advocate Association.

Advocates are the persons who support or oppose any issue or cause publicly. They represent their client in the court of law. An advocate has a major role to play in the legal system of the country. He is the only one who after analyzing the facts and circumstances of his clients chooses to represent him and get him to justice. The Hon’ble Court then passes its judgment by hearing the arguments of the advocate.

They are so skilful in their art of advocacy that they can even turn a case in their favour against all odds. They are also known as court officers because without them courts can not function as they are the roots of every judicial proceeding.

The advocates prepare the outline of the case only after meeting the client and knowing the actual facts of the case. The final documentation is prepared only after going through the details of the facts and analysing the legal provisions that could be related to the facts. It is the duty of the advocates to put the things in the right place so that they can form a strong case which will favour the client. Before discussing any further concepts let us know which act deals with advocates and their roles and responsibilities.

Eligibility criteria for admission

The admission and enrollment of advocates is a very difficult process that every law graduate has to undergo to become an advocate. The process is governed by the Advocates Act, 1961 and the rules are set by the Bar Council of India and other respective State Bar Councils.

Eligibility criteria for enrolment as an Advocate (as per Section 24 of the Advocates Act, 1961) are as follows:

A person shall be qualified to be enrolled as an advocate if he fulfils the following conditions:

He is a citizen of India, provided that a national of any other country can also practise only if Indians are allowed to practise in that other country;
He has attained the age of 21 years;
He has completed his bachelor’s degree in law (LL.B.);
He has paid the required stamp duty, which is chargeable under the Indian Stamp Act, 1899 and an enrolment fee payable to the State Bar Council. The individual has to pay a fixed amount to the State Bar Council along with an amount of one hundred and fifty rupees to the Bar Council of India. If such a person is a Schedule Caste or Schedule Tribe then he has to pay an amount of one hundred rupees to the State Bar Council and twenty-five rupees to the Bar Council of India. Now we will be looking into the role of the Bar Council for a better understanding.

Understanding the role of the Bar Council of India

The Bar Council of India (BCI) is a statutory and independent body. It plays a major role in establishing guidelines for legal professionals and conducting the AIBE. There are two bodies constituted one at the central level, i.e., Bar Council of India and the other at the State level, i.e., State Bar Council. So let’s understand what exactly a Bar Council is.

What is the Bar Council

The Bar Council is a statutory and independent body which was created by Parliament under the Advocates Act, 1961. The reason behind the formation of this council was the regulation and representation of the Indian bar. There are a total of 18 members in the Bar Council of India. The first two members are the Attorney General and Solicitor General who are the ex-officio members of the council. The other 16 members represent the 16 state bars of the country. The tenure of each member of the bar is 5 years.

Apart from the enrolment of Advocates, the Bar Council’s function includes laying standards of professional behaviour and etiquette for advocates. Promoting law reforms and legal education by giving recognition to universities and management and investment of funds of the Bar Council. The establishment of the State Baar Council is mentioned under the provision of Section 3 of the Advocates Act 1961 which states that this body will act as a regulatory authority for legal professionals at the state level.

As we know there is an ex-officio member in the Bar Council of India, and similar is the case with the State Bar Association. The Advocate General of the State will hold that position. The other members are decided on the basis of the number of electorates. If the electorate is less than 5000, the total number of members in the state council will be 15. If the electorates are within the range of 5000 to 10000, the total number of members in the State Bar will be 20. If the number of electorates is more than 10,000, then the total number of members in the State Bar Council will be 25.

Let us further discuss the functions of the Bar Council in the enrolment process of an advocate.

Functions of the Bar Council in the enrolment process

The functions of the Bar Council with respect to the enrolment of advocates are mentioned under Sections 16 to 28 of the Advocates Act 1961. They are as follows:

Senior and other advocates – Section 16 mentions the two types of advocates. The first category is senior advocates and the second category is other advocates. The designation of a senior advocate is granted by either the Supreme Court or the High Court after they believe that these advocates have gained sufficient recognition and have a unique set of knowledge.
State Bar Councils to maintain a roll of advocates – Section 17 of the Advocates Act mandates every State Bar council to maintain a roll of advocates which could be further divided into two sections i.e., Senior Advocates and Other Advocates.
Transfer of names in the state roll – Section 18 talks about the transfer of names from one state roll to another state roll while Section 19 mandates every state council to send a copy of the roll of advocates to the Bar Council of India.
Certificate of enrolment – Section 22 states that the certificate of enrolment should be issued to every person whose name is entered in the roll of advocates which the state bar council maintains under this act. For a better comprehension let us look into the difference between the All India Bar Council and the State Bar Council.

Difference between the All India Bar Council and a State Bar Council

The main differences between the All India Bar Council and a State Bar Council are as follows:

All India Bar Council – The All India Bar Council is a body which operates at the national level. It is a Supreme body that controls and fixes the rules and regulations regarding legal education and the conduct of Advocates. A lawyer who wants to register with the All India Bar Association has to pass AIBE.
State Bar Council – The State Bar Council is a body which operates at the state level. The State Bar Council of each state is affiliated with the Bar Council of India and handles local matters such as disciplinary actions. No exam to register with the State Bar Council.

For better understanding let us further look into the differences in a tabular form.

Category	All India Bar Council	State Bar Council
Jurisdiction	Operates at the National level.	Operates at the State level.
Definition	A Supreme body that controls and fixes the rules and regulations regarding legal education and the conduct of Advocates	The State Bar Council of each state is affiliated to the Bar Council of India and handles local matters such as disciplinary actions.
Criteria	A lawyer who wants to register with the All India Bar Association has to pass AIBE.	No exam to register with the State Bar Council.

Steps to enrol as an advocate

Enrolling as an advocate in India is basically regulated by the Bar Council of India. To become an advocate one needs to get enrolled. The enrolment process is very important for someone to become an advocate. There are certain steps that need to be followed to enrol as an advocate.

Step 1: The first step in becoming an advocate is to complete the Bachelor’s degree in LLB from a recognised university or institution.
Step 2: The next step is to register yourself with the State Bar Council. The admission and enrolment of advocates is mentioned under Chapter III of the Advocates Act, 1961.
Step 3: The next step after registering with the Bar is to obtain an enrolment application from the State Bar Council website.
Step 4: After the filling of enrolment application is done, major documents such as an address proof, law degree, and proof of nationality are submitted along with payment of fees as mandated by the State Bar.
Step 5: After the submission of a certificate along with the required documents, the credentials are sent for verification by an authority. After approval from the authority, a provisional enrolment certificate is issued.
Step 6: The next step to enrol as an advocate is to appear in the All India Bar Examination which is conducted by the Bar Council of India.
Step 7: Once the applicant passes the AIBE, a certificate is issued from the State Bar Council that permits you to practise as an advocate in India.

Now let us look into the required documents which are needed at the time of the enrolment process.

Required documents

Academic degrees- LLB degree or Provisional certificate, LLB mark sheet, Graduation degree and mark sheets, Senior secondary certificate, Class 10th certificate and mark sheet.
Identification and personal documents- Residence proof, Photographs, Caste certificate.
Professional and other relevant documents- Original attendance certificate, Service related documents, Affidavit of criminal cases.

Let us also look into how the training and apprenticeship of the enrolment process in the below-mentioned heading.

Training and apprenticeship

A law apprenticeship or training is a type of internship program that fresh law graduates undergo under Senior Advocates to learn the skills and tactics of advocacy. The skills include handling legal matters, client consultation, drafting applications and petitions, legal research and other related skills.

Prior to the enactment of the Advocates Act 1961, law graduates had to compulsorily train under a Senior Advocate for a year and then appear in the Bar examination. However, after the enactment of the Advocates Act 1961, Rule 25 of Part IV of the Act clearly states that a law student who is enrolled in a 3-year course from a recognised university has to complete 12 weeks of internship whereas the student who is enrolled in a 5-year course has to complete 20 weeks of internship. The rule further suggests that the internship should not be in continuous periods for more than 4 weeks and the students should have done an internship under the guidance of Trial or Appellate Court Advocates.

Now let us focus on the All India Bar Examination (AIBE) and how it is conducted so that it can give us a better idea regarding the examination.

All India Bar Examination (AIBE)

The All India Bar Examination is conducted every year by the Bar Council of India for law graduates who are keen on starting their careers as a practising advocate. After passing the examinations, the law graduates are awarded a certificate which allows them to practise all over the country. Many people question the importance of this exam. However, they forget that it is not just an exam but a way through which the law graduates who are entering this noble profession are made sure that they have a basic level of understanding and competence.

Usually, this exam is conducted twice a year, however, it was conducted only once in 2024. The AIBE is conducted in offline mode and covers the following subjects.

Subjects

Constitutional law
Indian Penal Code / Bhartiya Nyaya Sanhita (BNS)
Family laws
Code of Criminal Procedure (CrPC) / Bhartiya Nagrik Suraksha Sanhita (BNSS)
Indian Evidence Act / Bhartiya Sakshya Adhiniyam (BSA)
Code of Civil Procedure (CPC)
Alternative Dispute Redressal including Arbitration Act
Public interest litigation
Administration law
Company law
Environmental law
Cyber law
Labour and Industrial Law
Law of Tort including the Motor Vehicle Act and Consumer Protection Law
Laws related to taxation
Law of Contract
Specific Relief Act
Property laws
Negotiable instrument Act
Land acquisition Act
Intellectual Property laws and Professional Ethics including cases of Professional Misconduct under BCI rules.

The AIBE is an open-book examination which means the candidates will be allowed to take the respective bare acts along with them in the examination. The exam conducted is of 100 marks and contains 100 multiple choice questions. Each correct answer rewards you with 1 mark while there is no negative marking for wrong answers. Let us properly discuss the registration process for the All India Bar Examination.

Registration process for AIBE

The registration process starts after the All India Bar Council releases a notification for conducting the All India Bar Examination on its official website. The following steps need to be followed to complete the registration process –

Step 1: The following documents such as the Advocate ID card of the State Bar Council, enrolment certificate, scanned photo and signature should be kept handy because they can be used at any stage.
Step 2: Filling the registration form which contains the name of the applicant, father’s name or husband’s name, date of birth, address, email, phone number, etc. Along with these details, the applicant also has to fill 3 preferred exam centres.
Step 3: A passport-size photo (10 to 50 KB) in jpg or jpeg format along with a scanned signature (10 to 50 KB) has to be uploaded.
Step 4: A unique registration number and password will be sent to the above-mentioned email id.
Step 5: The applicant has to go to the website and enter the credentials on the login page.
Step 6: The applicant then has to click on the “print challan” button to generate a challan and then visit an SBI bank to pay the application fee. Also it can be paid online as well on the website.
Step 7: After the prescribed fee is paid, the applicant will get a last chance to make the necessary changes in the application form to rectify his mistake. After the form is submitted, the applicant will be able to check the status of his application online.

Now we will be understanding the tips and tricks on how one can prepare for the examination for a better clearance.

Tips for conquering the AIBE

The students who are going to take the AIBE 2024 should focus and study in an organised way if they want to excel in this exam. Some of the useful tips could be as follows –

The subjects for the AIBE should be noted and a brief of all the subjects should be made.
The study plan should divide the syllabus into short topics and short topics should be covered at first.
Focus should be made on collecting quality study materials both from online and offline resources.
Special focus should be made on solving the previous year’s papers so that the aspirants are familiar with the question paper pattern.
Important topics should be highlighted along with landmark cases of each subject and should be thoroughly studied.

After you pass the AIBE, the candidates have multiple opportunities such as:

Enhancement of career as an advocate because passing the exam confirms that you have a sound knowledge of the field which attracts law firms and clients.
After passing the AIBE, the applicant is granted a practice certificate which allows them to represent their clients from across the country.
Also after the AIBE is cleared, one can further aim to be part of the teaching community by possessing additional qualifications.
Employment opportunities increase in the public sector and corporations after one gets a certificate after passing AIBE.

As we now know candidates have multiple options after passing the exams, let us see how many attempts one gets for appearing in the AIBE.

Number of attempts of the All India Bar Examination

The All India Bar Examination does not provide any limit for candidates to appear. They can appear as many times as they want. If an advocate does not pass the examination at once then he can reappear for the exam and get the certificate of practice once he/she passes the examination. As we saw there are no limits for candidates to appear in the examination, let us now discuss whether advocates can practise in all the states.

Advocates can practice in all states

Advocates registered in the role of one state can practise anywhere in the country. According to Section 30 of the Advocates Act, 1961, an advocate is eligible to practise in all the territories covered in this act (the whole of India), he can practise in all courts including the Supreme Court of India, and he can practise before any tribunal, authority and any person who is authorised to take evidence of the case.

But to practise in a state other than the registered state the advocate needs to register himself in the respective Bar Council of the state where he wants to practise. It is compulsory for the advocate to register him with the State Bar Council. He needs to complete the registration process and pay the registration fees. An advocate can be a member of multiple State Bar Councils but he has to pay the annual fees of all the State Bar Councils to continue his membership in those councils. Now we will be discussing the All India Bar Examination Rules.

All India Bar Examination Rules, 2010

On 10th April 2010, the Bar Council of India adopted a resolution that it would conduct an All India Bar Examination. The guidelines clearly stated that the advocates compulsorily need a practice certificate under Chapter IV of the Advocates Act, 1961 to represent their client.

The Bar Council further clarified that,

The advocates who come under the ambit of Section 24 of the Advocates Act, 1961 have to pass this examination to continue their practice in India.
All the law students who are graduating in the academic year 2009-10 and later have to appear for the Bar Examination.

Need for change in the enrolment process

After a law student completes his education, the first task he faces is to enrol himself as an advocate and this process is governed by the Advocates Act, 1961. This process has been in use for such a long time that it has become outdated. The major change that should take place to make it relevant in recent times is to increase the usage of technology. The application process for enrollment is using the same old method of pen and paper.

Overly this needs to be changed because it is slow and is subject to corruption. The process should be fully digitalised and show all the steps from submission of the application to publication of the result. Another change that should take place is the uniformity in the process. Different State Bar Councils have different procedures for the enrolment of the advocates which create confusion between the applicants. A common procedure will make sure that no such confusion takes place.

Importance of rigorous admission process

The procedure of admission of advocates is very tough. This is done for the following points:

To make sure that only advocates who meet the eligibility criteria are given the licence to practise law so that a high standard of justice is maintained in the country.
Another reason to lay down such strict guidelines is to uphold the ethical standards of professionalism in the country.
To make sure that Law schools not only provide theoretical education but also practical education that could raise the standard of legal education in India.

Certificates of enrolment

The concept of a Certificate of Enrolment is mentioned in Chapter III of the Advocates Act, 1961 under Section 22 which states that after a law graduate has registered himself with the State Bar Council, he will be issued a certificate that grants him the power to practice law in the State. The certificate mainly has the details of the Advocates, his enrolment number and a statement that affirms that he is now a member of the State Bar Association.

Let us look into the challenges that are faced by the advocates during the enrolment process.

Challenges faced during enrolment of advocates

Enrolment as an advocate is one of the key moments in the life of a law graduate. Many issues are still unresolved even though the Bar Council has established a number of regulations to streamline the procedure. Some of the challenges that are faced during the process of enrolment are as follows:

The most common challenge which is faced by law graduates before their enrolment is that they are not aware of the rules and regulations of their respective state bars. Since each state has its own separate bar association, the applicants mostly get confused between their rules.
Eligibility criteria are another challenge in getting enrolled. To check that the applicant has a valid law degree and is within the prescribed age limit with a clean criminal record requires extensive document checks.
Administrative challenges such as filling out the application process, submission of documents, etc require time that could potentially delay the enrolment process.
The chance of biases during the process of evaluation of documents by the members of the bar association is also one of the major challenges.
High enrolment charges by the Bar Association of different states is another problem which the applicant faces.

To solve these problems, the following steps can be taken:

All the State Bar should conduct workshops on explaining their respective rules and regulations as that could ease the process for applicants
A time limit should be fixed to complete the application process so that the enrolment process can be completed in the given time frame.
The administrative challenges like filling of the application process and document submission should be made online to reduce the burden on the administration.
The Bar Council of India should fix the enrolment charges for every state and that should be such that even a financially weak person in society is able to afford that. This point was raised in the recent writ petition filed against the Union government, BCI and SBCs in the case of Gaurav Kumar vs Union Of India (2024), where the Supreme Court had held that the SBCs can not charge unreasonable enrolment fees and the fees should be fixed at Rs 750 for general category and Rs 125 for backward community.

Let’s further discuss the rights and privileges of advocates, so that we can get a clear idea about what the rights and privileges an advocate gets to render its service.

Rights and privileges of an advocate

After a law graduate becomes an advocate, he enjoys certain rights and privileges. Some of them are listed below:

Right to practice: The most important right that a law graduate gets after being enrolled as an advocate is the right to appear before the court of law to represent his client. It is an exclusive right given to them by the Bar Council of India. Also, as per Article 19(1)(g) of the Constitution which grants the citizens of the country to practise any profession, this right helps them to practice in court.
Right to enter the court: The advocate has the right to enter any courtroom and observe the proceedings in the court under Section 30 of the Advocates Act, 1961. Also, the advocates can use the resource to access the database of previous judgements and cases.
Right of meeting with the accused: The advocate has the right to meet with the accused even if the accused is in jail. This helps the advocate to gain insights into the case and prepare his case accordingly.
Right to privacy: The advocate has the right to secure his conversation with the client and no one can force him to reveal that information. This information is mentioned under Section 134 of the Bharatiya Sakshya Adhiniyam, 2023.

Now let us look into the most important aspect that is the code of conduct and professional ethics in advocacy.

Code of conduct and professional ethics

The rules or principles that guide an individual in any kind of profession in their conduct or decision-making with others are known as “Professional Ethics”. “Advocacy” is also one such concept which helps in guiding individuals in any profession in their conduct. While professional ethics provides a framework for moral behaviour within a particular profession, advocacy involves actively supporting and advancing the goals of individuals or groups.

Considering the consequences on the profession and the general public; the connection of these concepts implies an effective advocacy that is both ethical and responsible. Professional ethics are crucial in Indian courtrooms to make sure that justice has been provided and to protect the integrity of the country’s legal system.

All lawyers, judges and advocates must adhere to ethical principles such as honesty, integrity, competence, etc. Any advocate practising advocacy in India must follow all the professional ethical principles that are led down by the BCI (Bar Council of India) in the form of Rules.

They should follow the 7 lamps of advocacy like honesty, courage, industry, wit, eloquence, judgement, and fellowship which are very essential for them to succeed in their professions. These professional ethics standards help them to act in the right way as they are called as the Pillars of Justice. It is very important for the advocates to adhere to all the professional ethics rules and duties that are provided to them under the Advocates Act, 1961, because negligence can lead to certain punishments for professional misconduct.

Now let us understand that if any kind of professional misconduct is occurring then what are the punishments that are provided to the advocates?

Punishment to advocates for Professional misconduct

Upon receiving a complaint against an advocate if the State Bar Council has sufficient reasons to believe that the advocate on roll is guilty of such misconduct then the case shall be referred to the disposal of the disciplinary committee.
If the State Bar Council has sufficient reasons to suspect that an advocate on the roll has engaged in any sort of misconduct after receiving a complaint against the advocate, the matter will be forwarded to the disciplinary committee for resolving the same;
Along with setting a hearing date, the State Bar Council’s disciplinary committee will notify the advocate and the Advocate General; following the hearing of the case the disciplinary committee may:

Dismiss the proceedings or order the State Bar Council to file them.
Punish the advocate.
Suspend the advocate for a particular period.
Write down the advocate’s name off of the state’s list of advocates.

When an advocate is suspended for a particular period, he is debarred from practising in any court or before any person.

Let us now understand the re-enrolment process with the transfer of advocates between the Bar Councils.

Re-enrolment and transfer between Bar Councils

After completion of a definite period of time, there is a need for re-enrolment for the advocates. Also, transfer of advocates done between the Bar Council of India and the State Bar Council are needed. So let us understand the process of re-enrolment and the transfer of advocates between the Bar Councils.

Process of re-enrolment after a lapse or suspension

The concept of re-enrolment in the Bar Council means that an advocate is registering again with his/her State Bar Association after a certain period. The re-enrolment arose because the advocate was suspended due to any disciplinary issues. To re-register, there are certain steps that need to be followed:

Step 1: A prescribed fee of each Bar Council is delivered in favour of the secretary by way of cash or demand draft.
Step 2: A definite amount should be in the secretary’s favour of the Bar Council of India.
Step 3: A self-application should be filled to the chairman of the enrolment committee of that particular State Bar.
Step 4: An affidavit has to be filed by the advocate to make sure that he does not hold any disqualification under the Advocates Act, 1961.
Step 5: The original enrolment certificate will be required to be placed before the enrolment committee for endorsement. A new application for resumption of practice will be placed before the enrolment committee for the order of resumption of practice.

Once the verification process is done, the Bar Council may grant a certificate of re-enrolment to the advocates. Now we will be looking into the guidelines that are provided for transferring the registration of an advocate from one State Bar Council to another State Bar Council.

Guidelines for transferring registration to another State Bar Council

The concept of transfer of registration from one state bar to another state bar is mentioned under the provision of Section 18 of Chapter III of the Advocates Act 1961. This particular section of the act states that an advocate has the right to move his registration from one State Bar to another State Bar. The following steps need to be taken:

The application for transfer should be filed through “Form C” which should be accompanied by a certified copy of the entry in the State Roll relating to the applicant. Another certificate which states that his enrolment certificate has not been recalled and no disciplinary action is going against him should be attached along with the application.
After the application is received, the secretary from the state council will enquire with the other concerned State Council for any kind of objection to the transfer.
If there is no objection to the transfer from concerned State Councils, the application will be further submitted to a particular committee that is specifically designed for these purposes.
After getting approval from the committee, the Bar Council of India will order the name of the advocate to be taken off from the first State Bar and added to the new State Bar.
The advocate will hold back his senior position in the new State Bar which he used to hold in the previous State Bar.

There are certain special circumstances or exemptions on the admission and enrolment process of advocates, let us discuss the same further.

Special cases or exemptions on admission and enrolment of advocates in India

We will here under this particular head talk about the special provisions or exemptions on admission and enrolment of advocates in India and we will also be looking into the exceptions provided for individuals with special qualifications.

Exceptions

Apart from prescribing guidelines, the Advocates Act, 1961 mentions some exceptions for individuals who possess specific categories, qualifications or experiences.

Vakils and pleaders: Any person from a law background who is practising as Vakils, pleaders or Mukhtars for a minimum period of three years can become an advocate.
Public servants: Any person from a law background who was in public service can be eligible to become an advocate.
Experience: If the Bar Council of India specifies then a person with requisite experience can be designated as an advocate.
Judges: Any judge from the High Court after retirement can practise advocacy in India.
Disabled Applicants: Relaxation in the age limit is given to disabled applicants with a fee concession and accessibility support.

Now, further, we will be looking into the recognition of a law degree by foreign universities.

Recognition of a degree in law from a foreign university

A person obtaining a law degree from a foreign University or a person of Indian Origin having double citizenship, who has attained 21 years of age can be enrolled as an advocate if the following conditions are fulfilled.

i) The degree has been obtained from a regular course which may be for 3 years after graduation or may be for 5 years after passing 10+2 i.e. higher secondary education.

ii) The university from where the degree is done is recognized by the Bar Council of India and the candidate has passed the All India Bar Examination.

For the purpose of recognizing the degree, any foreign university can apply to the Bar Council of India. The application shall contain the following details mentioned below:

History and details of the university,
Handbook, prospectus, brochure, and courses of study of the university,
University’s standing on the accreditation list made officially or by any recognized private body,
Any other kind of information or documents that the Bar Council of India may ask for, and an inspection of the university by the Bar Council of India.

Now let us discuss the rules that are provided by the Bar Council of India regarding the registration and regulation of foreign lawyers.

Bar Council of India Rules for registration and regulation of foreign lawyers

Foreign Lawyers and law firms can practise Non-Indian law and set up their office in India. For this, they have to get registered with the Bar Council of India.
The registration will be valid for a term of 5 years.
Foreign practitioners will not be allowed to appear before the Indian courts and tribunals
Foreign lawyers will only be allowed to participate in international arbitration held in India.
Foreign lawyers can go in partnership with Indian lawyers.
Registration of foreign lawyers will be done on the basis of reciprocity (equal opportunity for Indian lawyers in a foreign country).
Foreign lawyers need to deposit a prescribed security guarantee which is refundable.
Permission needs to be taken by the Foreign lawyers from the Home Ministry of India and from their native Bar Council.
The governance of the foreign lawyers will be the same as that of the Indian Lawyers.

Let us now look into the eligibility criteria for senior advocates and understand the same.

Eligibility for senior advocates and legal advisors

The concept of enrolment and admission of senior advocates is mentioned under Chapter III of the Advocates Act, 1961. Under this particular act Section 16 talks about eligibility criteria of senior advocates. The provision says that any advocate with his consent can be designated as a senior advocate if the High Court or Supreme Court feels that the advocate has exceptional knowledge in the field and will be an asset to society. The eligibility criteria are mentioned below:

The advocate should be registered with the Bar Council of the state where he wants to be designated as a Senior Advocate.
An advocate to be designated as a senior should have a minimum of 10 years of practice as an advocate.
The minimum age to apply for being a senior advocate is 45 years.

Apart from the above mentioned points, the advocates who have several publications of legal articles under their name are given an upper hand on the other advocates.

Understanding the future of the legal enrolment of the advocates will be very helpful and we will be focusing on the trends and reforms, so let us discuss the same below.

Future of legal enrolment: trends and reforms

Recent changes in enrolment rules

There are some kind of changes that are made in the enrolment rules of the advocate which are discussed below:

The Supreme Court in the recent writ petition with respect to “enrolment fees” of advocates has stated that the enrolment fees cannot exceed an amount of Rs.750.
The Supreme Court has allowed final year law students to appear in the All India Bar Examination (AIBE) who are without any backlogs and who have passed out from BCI- recognised universities but have not received a degree, or students who have obtained a degree but have not enrolled with any State Bar Council.
BCI also issued a list of rules and guidelines which talk about the permission granted for the entry of foreign law firms to operate in India under certain conditions.

Technology plays an important part in today’s lives. It plays a major role in the lives of human beings. Starting from the children to the oldest people, all are using technology as it has made all things very simple and easier nowadays. Starting from the education sector to the corporate sector, each and every sector is majorly dependent upon technology these days and is using the same as it can provide various support and benefits.

Importance of technology for various sectors

Technology also has a crucial role in the legal industry. Corporate law firms are using technology frequently as it has made their work process much easier than before. Technology also helps out lawyers and advocates in different areas of their work and many of the litigation lawyers also have started using technology on a daily basis. Although lawyers are trying their best to use technology in the present situation, subordinate courts lack basic IT facilities.

The scenario which is going on in the present time is sufficient enough to understand that lawyers and law firms should be familiar with the technology and its facilities. Nowadays co-existence with the unseen situation has become very important. To avoid such a problem in the future, lawyers and advocates can learn the basic use of technology and its facilities and they should also provide proper training to their juniors and staff so that they can also be easily using IT facilities. There are some suggestions mentioned below that can be used by the lawyers to avoid the present problems in the future:-

Technology can be used to improve and update.
Integrating technology into their everyday job routine.
Investigating and learning more about artificial intelligence and other technological elements.
Promotion of using virtual meetings in their work culture.
Not limiting the usage of a particular program or any particular software.

The legal profession may grow in the coming years by adopting advanced technologies and creating innovative business ideas, which could result in the legal system’s success. Now let us look into how technology can impact the legal enrolment of advocates.

Impact of technology on legal enrolment

The sudden growth of technology in the legal sector has also transformed the process of legal enrolment. From the filling of applications to publication of results, technology has played a major role in the legal field. Few impacts impact of technology on legal enrolment are as follows:

The application process of filing for registration in the State Bar Council or for writing the AIBE has been made online through various recognised portals.
The legal education and study materials related to the AIBE are made available online which helps students from remote areas to access.
In case of any doubt regarding the subjects and the content inside, online doubt-solving classes are arranged that could further help students in enhancing their careers.
The emergence of automated chatbots and emails helps deliver the applicant’s right information at the right time.

Technology has emerged as a powerful force in improving the overall experience of this process of legal enrolment. With a prosperous career in advocacy, there are certain alternative career options that are available to law graduates.

Alternative career paths for law graduates

When we think of a graduating from a law school, the first profession to pop inside everyone’s mind is that of an advocate. However, apart from advocacy, there are few alternative paths that a law graduate can pursue.

Legal Journalism – a law graduate can dive into the field of legal journalism and excel by reporting and writing about legal aspects of day to day news and publishing them through his blog or on some similar websites.
Academia – a law graduate after completing LLM and passing the NET exam can opt for teaching in law colleges.
Teaching – a law graduate can put his feet into the world of entrepreneurship by opening various coaching institutes that prepare young students to appear for various competitive exams.
Civil Services – this is a dream for every Indian student. A student after getting a law degree can appear in UPSC and after qualifying the exam can be posted as a civil servant.
Paralegal – after you attain a law degree, you can work as a paralegal and assist the advocates in their work. The only difference is that you will not be allowed to appear before the court of law.

Now further we will be discussing the continuance of legal education and its importance.

Continuing legal education

CLE or Continuing Legal Education is a type of professional development and education plan that helps advocates to stay up to date with the latest developments and trends in the field of advocacy. The legal field is very diverse with changes coming every day. The CLE programs include workshops, seminars, and certificate courses on various topics such as client counselling, research activities, etc.

With the help of CLE, the advocates can have the following advantages:

The advocates can be aware of the recent developments in the field of law.
The advocates can learn about new skills, legal theories and the latest practices that can help their clients in seeking justice.
Being up to date with the latest trends allows an advocate to be financially more stable by improving their practice.
A main benefit of the CLE can be that advocates from diverse backgrounds come together to share the knowledge that helps in building connections

In recent times, CLE has been an important part of the career of an advocate. It helps them to be aware of the recent changes and also provide best service to their clients.

Now moving forward, we will compare the admission and enrolment process of various countries.

Comparative analysis of admission and enrolment in other jurisdictions

Till now, we have seen the procedure of how a law graduate can become an advocate in India. Now we will make a comparative analysis of how one can become a Barrister in England or a lawyer in Canada.

To become a lawyer in Canada, there are a few basic steps that a student needs to follow. They are as follows:

The student needs to complete at least three years of undergraduate degree after which he is eligible to write the Law School Admission Test (LSAT).
After qualifying for the exam, the student can choose the law school of his choice and obtain a law degree.
The student is required to either articulate with a law firm or complete the law practice program.
After the student has fulfilled all the conditions, he is required to write the Bar examination of the area where he plans to practice.

However, to become a barrister in England, the following requisites are to be fulfilled:

The student should have an LLB degree or the student from non-law background should have a Graduate Diploma in Law.
After the law or equivalent degree, the student is supposed to join any one of the four Inns of the court and complete the Bar Training Course (BTC).
After the academic qualifications are met, a work-based practical training is necessary under the guidance of an experienced barrister.
This is called Pupillage and after the successful completion of the same, the student can finally become a barrister.

Let us look into the same in a tabular form, which will help us understand the same in a better way.

Criteria	India	Canada	England
Educational requirements	3-year or 5-year LLB degree from a recognised university.	3-year undergrad degree and then a Licentiate Law degree.	LLB degree.
Exams	All India Bar Examination (AIBE)	Bar examination of respective States	Bar Course Aptitude Test and Bar Training Course.
Apprenticeship of training	12 or 20 weeks of internship as per the law program	Articling for 8 to 10 months	Pupilage for 12 months

Conclusion

In the present scenario, there are numerous options for a law graduate. An advocate can practise privately and independently from the very first day of his career. He can also specialise in various fields like criminal law, civil law, corporate law, income tax lawyer etc. The beginners can also join the chamber of senior lawyers to gain practical knowledge and experience. As an advocate, one can also serve in the government sector. One can join the judicial career by clearing the state judicial services examination. This can help him to become a Civil judge or a Judicial Magistrate.

There are options in the private sector also. One can get into a legal firm as a legal adviser and get good remuneration for the same. These days banks are also appointing advocates to deal with their cases. The overall job of the advocates is quite interesting and encouraging. Advocates in India definitely have a bright future but for the same, they need to make a commitment to their profession to achieve excellence.

Frequently Asked Questions (FAQs)

What is the difference between a lawyer, advocate and legal practitioner?

Any person having an LL.B. (Legum Baccalaureus) or Bachelor’s degree in law, is known as a lawyer. A lawyer is anybody who has a LL.B. or legal degree. On the contrary, advocates are the persons who have graduated with a legal degree and also registered with the Bar Council of India (BCI).

To be considered as an advocate, a person should have a legal degree as well as should be registered with the BCI. However, a legal practitioner is a broad term which includes all the advocates, attorneys, attorneys at law, barristers, counsels, counsellors, Juris Doctors, lawyers, legal professionals, members of the bar, practitioners, professionals, solicitors etc.

What qualifications are required to enrol as an advocate?

The basic qualifications that are needed to enrol as an advocate apart from being an Indian citizen are that the applicant should hold a Bachelor’s degree in Law (LLB) from a recognised university or institution. The minimum age to enrol as an advocate is 21 years.

Can foreign law graduates practice in India?

Foreign lawyers are allowed to practise in India after fulfilling the eligibility criteria laid down by the Bar Council of India. The BCI through Rules and Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 allowed them to practise in India if they are able to practise law in their own country. However, they need to be registered with the BCI or else they can practise only non-litigious matters.

How do I transfer my enrolment from one state bar council to another?

The Advocate who wishes to transfer his enrolment from one state bar to another state bar has to fill out Form C which can be downloaded from the BCI website. After filing the application and submitting the required documents. The concerned committee will check for any pending disciplinary action and if no objection is found, the application for transfer will be passed.

What is the All India Bar Examination, and who needs to take it?

The All India Bar Examination is an examination which is conducted by the Bar Council of India for graduates from a law background who are eager to start their career as an Advocate. The AIBE is an open-book examination conducted twice a year in offline mode.

What documents are required for admission as an advocate?

The necessary documents that are required for admission as an advocate are as follows:

LLB degree and mark sheets
Character certificate from a recognised university
Address proof e.g., Aadhar card, driving licence, etc.
Proof of Nationality
enrolment fees
Passport-size photographs

What happens if I fail to adhere to the professional code of conduct?

Every profession requires its employees to be in good behaviour. Similar is the condition with the advocates. When an advocate is charged with professional misconduct, the State Bar Council’s disciplinary committee handles the case. The following actions can be taken such as withdrawal of name from state roll, suspension of advocate for a certain period, reprimanding the advocate etc.

What are the skills required to be a good advocate?

There are certain skills that are required for an advocate to be considered as a good advocate like having a command over the language, oratory skills, having the 3 A’s (Attitude, Aptitude and Analytic), reading habits, emotional intelligence, teamwork, financial literacy, time management, etc.

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