How to Become an Advocate in India
Introduction
The legal profession is not just about arguing in court—it’s about serving justice. Lawyers play a key role in helping judges make the right decisions by presenting facts, interpreting laws, and guiding the case with legal arguments.
Without advocates, the justice delivery system would be incomplete. In India, the process of becoming an advocate is governed by Sections 16 to 28 of the Advocates Act, 1961. This article explains everything you need to know to get enrolled as an advocate in India.
Who is an Advocate?
An advocate is someone who represents another person’s cause. In court, an advocate speaks for their client, argues their case, and helps in delivering justice.
In the legal system, an advocate is also called an officer of the court because of the responsibilities they hold toward both the client and the judicial system. A skilled advocate can make or break a case with their knowledge, arguments, and legal understanding.
Step-by-Step: How to Become an Advocate in India
Step 1: Get a Law Degree
To start your journey, you must complete one of the following:
A 5-year integrated law degree after Class 12 (e.g., B.A. LL.B, B.Com LL.B)
A 3-year LL.B degree after graduation in any field
Your degree must be from a college recognized by the Bar Council of India (BCI).
Step 2: Enroll with the State Bar Council
After your law degree, you must apply for enrollment under Section 24 of the Advocates Act, 1961.
Eligibility Criteria:
Must be an Indian citizen
Must be at least 21 years old
Completed a recognized law degree
Paid the required enrollment fee
Fulfilled any additional conditions set by the State Bar Council
Disqualification from Enrollment (Section 24-A)
You cannot enroll as an advocate if:
You have been convicted of a crime involving moral turpitude
You were removed from government service for misconduct
You are working full-time in another profession
Case Reference:
In Hani Raj L. Chulani v. Maharashtra Bar Council, the court ruled that a person cannot practice law and another profession at the same time.
In Anees Ahmad v. University of Delhi, it was held that full-time salaried law professors cannot practice law.
In Satish Kumar Sharma v. Bar Council of Himachal Pradesh, it was held that salaried legal officers also cannot enroll as advocates.
Step 3: Advocate Roll (Section 17)
Each State Bar Council maintains a roll of advocates in two categories:
Senior Advocates
Other Advocates
If two advocates enroll on the same day, their names are ordered by age. You can only be enrolled with one Bar Council at a time. You may apply to transfer your name to another state roll if needed, with proper justification.
Step 4: Certificate of Enrollment (Section 22)
Once your name is added to the roll, the State Bar Council issues a Certificate of Enrollment. This certificate proves that you are eligible to practice law.
If you change your address or workplace, you must notify the Bar Council within 90 days.
Step 5: All India Bar Examination (AIBE)
After enrollment, you need to clear the All India Bar Examination (AIBE) conducted by the Bar Council of India to get your Certificate of Practice.
The AIBE is an open book exam that tests your basic legal knowledge. Once you pass, you are legally permitted to practice law in any court in India, except the Supreme Court.
Senior Advocates (Section 16)
The Supreme Court or High Court can give the status of Senior Advocate to a lawyer who has shown excellence in the profession. This is based on:
Legal knowledge
Reputation at the Bar
Experience and contribution to the legal field
Restrictions for Senior Advocates:
Cannot directly file vakalatnamas, affidavits, or pleadings
Cannot accept instructions directly from clients
Cannot perform drafting or conveyancing work
Must appear in court along with a junior advocate
The designation of Senior Advocate is an honour and such advocates are expected to act as role models for younger lawyers.
Role of Bar Councils in Admission and Regulation
Enrollment Committee (Section 26)
All applications for enrollment are reviewed by the Enrollment Committee of the State Bar Council. If fraud or misrepresentation is found in any application, the Bar Council of India has the authority to remove that person’s name from the roll.
Removal of Name from the Roll (Section 26-A)
If an advocate dies, or if a proper application is submitted, the State Bar Council has the power to remove their name from the roll.
Career Options After Enrollment
Once you are enrolled and licensed to practice, you can explore many opportunities:
1. Litigation (Court Practice)
Represent clients in civil, criminal, or family courts. Most new lawyers start by working under a senior advocate.
2. Corporate Sector
Work as a legal advisor in private companies or corporate law firms.
3. Law Firms
Join national or international law firms with attractive salaries and work culture.
4. Judiciary
Prepare for Judicial Services Exams to become a judge in district courts or higher.
5. Academics
Teach law in colleges or work as a legal researcher.
6. Public Interest and NGOs
Work in human rights, environment, or public policy organizations.
Conclusion
Becoming an advocate in India is not just a career choice—it is a commitment to justice, fairness, and public service. The process requires you to follow the legal procedure under the Advocates Act, 1961, and maintain high ethical standards.
If you are passionate about law, have a strong sense of justice, and are willing to work hard, this profession can offer you respect, impact, and lifelong growth.
Comments
Post a Comment