BHASIN LEGAL SOLUTIONS

General Information & Practice Notes

This article has been written by Adv. Saumya Bhasin, Bhasin Legal Solutions, Kanpur.

Introduction

Before you trust someone with your papers and your case, it is reasonable to ask a simple question: is this person actually entitled to appear for me? Many people phrase it as “is the lawyer registered with the Bar Council of India?” The phrase is common, but it is not quite how the system works, and knowing how it does work makes the check much easier.

This article explains where the record of advocates is kept, what an advocate should be able to show you, and what the law says about people who practise without being entitled to. It does not rely on any particular website or app. It points you to the bodies that hold the record.

1. Enrolment, Not Registration With the Bar Council of India

Under the Advocates Act, 1961, the record of advocates is kept by State Bar Councils, not by the Bar Council of India (BCI).

• Section 17(1) — every State Bar Council must prepare and maintain a roll of advocates in which the names and addresses of advocates are entered.
• Section 17(2) — the roll has two parts: the first for senior advocates, the second for other advocates.
• Section 17(4) — no person can be enrolled on the roll of more than one State Bar Council.
• Section 19 — each State Bar Council must send the Bar Council of India an authenticated copy of its roll and communicate all later alterations and additions.

An advocate who began practice in Uttar Pradesh is normally enrolled on the roll of the Bar Council of Uttar Pradesh, although an advocate enrolled in any State may practise in any court under section 30. The Bar Council of India receives copies of the rolls and lays down rules, but the advocate’s enrolment is with the State Bar Council. When you check, the State Bar Council is the first place to ask. Section 18 allows an advocate to have the name moved from one State roll to another by application to the Bar Council of India, so an advocate who says they were first enrolled in another State may have a genuine reason.

2. What an Advocate Should Be Able to Tell You

Section 22 of the Act requires the State Bar Council to issue a certificate of enrolment in the prescribed form to every person whose name is entered in the roll. From this, an advocate should be able to give you, without difficulty:

• the name as it appears on the roll
• the enrolment number and the date of enrolment
• the State Bar Council on whose roll the name stands

Ask for these in writing, and ask to see the certificate of enrolment. An advocate who is enrolled will not usually find the request unusual. Keep a note of the details, because they are what you will use to confirm the entry with the State Bar Council.

3. The Certificate of Practice and the All India Bar Examination

Enrolment is not the only requirement for recent entrants. The Bar Council of India Rules (Part VI, Chapter III, Rules 9 to 11) provide that no advocate enrolled under section 24 of the Act is entitled to practise unless the advocate successfully passes the All India Bar Examination conducted by the Bar Council of India. The rule says the examination is mandatory for law students graduating from academic year 2009-2010 onwards. Passing the examination entitles the advocate to a Certificate of Practice, which the Bar Council of India issues under the signature of its Chairman.

In practice, this means that an advocate who enrolled after graduating in or after 2009-2010 should also be able to show a Certificate of Practice. An advocate who graduated earlier may not have one, because the rule is tied to the year of graduation. The absence of a certificate does not, by itself, mean anything. It is simply a point to clarify, and the State Bar Council can confirm the position. The rules and their application are administered by the Bar Council of India, and the current position is best confirmed with it.

4. How to Confirm What You Have Been Told

Once you have the name, enrolment number, date and State Bar Council, confirm them with the source that holds the record.

• Ask the State Bar Council. The Bar Council of Uttar Pradesh maintains the roll for advocates enrolled in Uttar Pradesh. Ask it how it confirms whether a person is enrolled under a given number.
• Check its official website or notices. State Bar Councils and the Bar Council of India publish information from time to time. Look at whether the Council offers an online search or a verification process, and use only the Council’s own official site. This article does not depend on any search tool being available.
• Ask the court or the local Bar Association. Court staff and the local Bar Association may know an advocate who appears regularly. That can be helpful, but it is not a substitute for the check with the State Bar Council.
• Check the name matches. The name on the certificate, the name on the roll and the name on any document you are asked to sign should be the same.

5. The Law on Practising Without Entitlement

Two provisions of the Advocates Act explain why the record matters.

• Section 33 — except as otherwise provided in the Act or any other law, no person is entitled to practise in any court or before any authority or person unless enrolled as an advocate under the Act.
• Section 45 — any person who practises in any court or before any authority or person in or before whom he is not entitled to practise under the Act is punishable with imprisonment for a term which may extend to six months.

Section 32 gives a court or authority a discretion to permit a person who is not enrolled to appear in a particular case. That is a decision of the court in one matter. It does not make the person an advocate.

6. Suspension and Removal

Enrolment is not permanent in every case. Under section 35 of the Act, a State Bar Council’s disciplinary committee may reprimand an advocate, suspend the advocate from practice, or remove the advocate’s name from the State roll. Section 35(4) provides that an advocate suspended from practice is debarred from practising in any court or before any authority or person in India during the suspension. The Bar Council of India Rules also require punishments to be noted on the roll, and information about disciplinary action to be communicated to State Bar Councils, the High Court and District Courts.

The roll kept by the State Bar Council is the authoritative record, which is why the State Bar Council is the right place to confirm an entry.

Frequently Asked Questions

Is a lawyer “registered with the Bar Council of India”?

Advocates are enrolled on the roll of a State Bar Council under section 17 of the Advocates Act. The Bar Council of India receives copies of those rolls under section 19. Saying that an advocate is enrolled with the State Bar Council is more accurate.

Can an advocate be enrolled in two States at once?

No. Section 17(4) provides that no person shall be enrolled as an advocate on the roll of more than one State Bar Council. An advocate may apply under section 18 to have the name moved from one State roll to another.

Do I need to see a Certificate of Practice?

The Bar Council of India Rules make the All India Bar Examination, and the Certificate of Practice that follows from passing it, a condition of practice for advocates graduating from 2009-2010 onwards. You may ask, and you may confirm the position with the Bar Council.

Does enrolment tell me whether the advocate is good at my type of matter?

No. Enrolment tells you that the person is entitled to practise. It does not tell you the advocate’s experience in a particular kind of case. Our earlier article in this series explains how to think about that.

What if the details do not match the roll?

There is often a simple explanation, such as a change of name or a transfer between State rolls. Ask the advocate to clarify, and confirm the position with the State Bar Council.

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Conclusion

Before you engage an advocate, ask for the full name, enrolment number, date of enrolment and State Bar Council, and ask to see the certificate of enrolment. Ask about the Certificate of Practice if the advocate graduated in or after 2009-2010. Then confirm the details with the State Bar Council. The next article in this series sets out questions to ask before you hire.

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References: Advocates Act, 1961 (25 of 1961), sections 17, 18, 19, 22, 24, 32, 33, 35 and 45; Bar Council of India Rules, Part VI, Chapter III, Rules 9 to 11 (All India Bar Examination and Certificate of Practice); Part V, Chapter I (State roll); Part II, Chapter VI (communication of disciplinary orders).

Disclaimer: This article has been published for general informational and educational purposes only. It does not constitute legal advice, and should not be relied upon as such. Nothing on this page is intended to solicit work or advertise the professional services of Bhasin Legal Solutions or any of its advocates, in accordance with the Bar Council of India Rules governing advertising and solicitation by legal practitioners in India. Readers seeking advice on a specific legal matter are encouraged to consult a qualified advocate directly.