How to become an Advocate in India?

23 Sep 2021  Read 663 Views

India has a humongous judicial system which consists of more than 20 lakh of lawyers. In India when a freshly graduated law student aspires to be an advocate he or she has to go through a tedious process with the Bar Council of India. The Bar Council of India (“BCI”) is a widely recognised statutory agency that oversees the country's legal system, as  established under the Advocates Act of 1961 (“The Act”) with the goal of establishing professional standards of behaviour as well as overseeing the operations of all other State Bar Councils (“SBC”). BCI is a separate legal entity that reports to the Ministry of Law and Justice of the Indian government. Due to it being a corporate organisation with a seal and everlasting succession over both movable and immovable assets, it can sue anybody who infringes on it or be sued for its acts.

The All India Bar Examination ("AIBE") is a national-level assessment that determines advocates about to practise law, which functions as a filtering technique to discover the prospects in an individual wishing to be an advocate and participate  in the legal profession. The BCI offers a certificate stating that the advocate can practise in India only after passing the examination. As a result, the test is a requirement for any aspiring advocate to enter the legal profession.

 Prerequisites to be Enrolled

The 1961 Act gives the SBCs the freedom to establish their own rules and regulations for enrollment of advocates. The submissions of the applicants who desire to practise as advocates are scrutinised by a committee created by the respective councils. SBC accepted candidates are entitled to take the AIBE, which is administered by the BCI. The advocate enlisted by the State will receive a certificate upon passing this examination, allowing him or her to practise as an advocate in any lower or higher court under Indian territorial authority. Section 24 of the Act specifies the qualifications that must be met in order to be admitted to the Bar Council:

1) The individual must be an Indian citizen. If the following criteria are met, any other national can be appointed as an advocate on a State-by-State basis:

a) Must be an Indian national.

b) Must be qualified in accordance with the requirements.

c) Has been awarded licence to practise law in a foreign nation.

d) Should be subjected to any and all appropriate limits that are imposed.

2) The person must be at least twenty-one years old but not less than that.

3) A law degree from a university accredited by the BCI is required. If the individual is from another country, a law degree from a foreign university will suffice as long as the degree is accepted in India by the BCI under the Act.

4) Any further restrictions or parameters imposed by the State governments must be met by the individual.

Process of Enrollment for Advocates

According to the Act, the committee is established to oversee the enrolment process and is given the authority to conduct a thorough examination of the candidates' applications. As per Section 24(1)(f) of the Act, an enrolment fee of Rs.600 must be paid to the appropriate SBC, and Rs.150 must be deposited with the BCI. The payment of these payments to the various councils will be made using separate demand drafts. Despite the fact that separate states have the ability to define their own laws, the majority of states need the candidate to meet specific standards, which include:

1) An application must be submitted along with a demonstration of a law degree received from a university that meets the council's requirements.

2) Mark-sheets of degree must also be submitted.

3) Judicial Stamp papers.

4) Payment of fees.

The candidate's application will be scrutinised by the Council's Enrolment Committee. Candidates who meet the criteria are selected as SBC's advocates in their respective roles. SBC issues a Certificate of Enrolment to qualifying candidates who wish to be enrolled as advocates.

The Examination for Becoming an Advocate - AIBE

The All India Bar  Examination is one of the most important steps in the process of becoming a lawyer. It is a stage for advancement in the position of an advocate registered with any SBC. The national level uniform format of examination is held in 11 languages in 40 places across India. This exam determines whether or not a person is qualified to practise law in any of the country's lower or higher courts.

Eligibility Criteria for AIBE

The following criteria must be met in order to be considered for the examination:

1) The candidate for the examination must be an Indian citizen.

2) To be qualified to take the exam, one must have an LLB degree of three years or five years.

3) The candidate must be a member of one of the SBCs.

4) The candidate must have a valid advocate identity card.

5) The candidate cannot sit for the assessment exam in the same year as he or she completes an LLB degree.

Application Procedure for AIBE

Owing to the digitisation in the modern world, everything has gone to the internet and has been digitised. The information and application method for the examination can be found online on the examination's official website. The steps are as follows:

1) Go to the official website of the All India Bar Examination.

2) Candidates must register and provide basic information about themselves.

3) Registration confirmation will be issued through email to the registered email address.

4) Logging in with authorized credentials is required to complete the application form.

5) Before filling out the application form, you must first generate an e-challan.

6) Payment of the application fee is required.

7) The paperwork and receipt must be printed out for reference purposes.

Therefore it can be said that one of the ingredients in the procedure for enrollment in the Bar is to take the actions outlined above in order to reach out and give the examination.

Conclusion

Advocacy is a holy profession because advocates are entrusted with the most essential task of all: the obligation of redressing injustice. The BCI, in collaboration with the SBCs, provides a platform for these lawyers to register as advocates in order to keep track of how many active advocates there are in India. This guarantees that the bar in India operates smoothly. In addition to its governing role, the BCI serves as a representation body by preserving the rights, privileges, and interests of advocates.This is accomplished by establishing a fund and offering financial help to advocates in order to set up welfare procedures.

As a result of these factors, it is evident why it is necessary to join the Bar Councils. The SBCs and the BCI work together to efficiently carry out the responsibilities and roles that have been established previously. The BCI is gaining more prominence than ever as the legal profession grows in significance as the globe evolves. Every direction, thought, and development has been made, and continues to be developed, for the benefit of India's advocates.

The regulatory statutory authority has devised a highly well-organized and well-structured system for the enrollment of advocates. To avoid any form of causality in the procedure, the stages have been segregated. The sphere of legal aid legislation is also being carried out quickly, with advocates being registered in the Bar through the method. Legal aid is available to the underprivileged and those in need. The Bar Council establishes etiquette for advocates to follow. As a result, it promotes legal education and practise throughout the country.

About the Author: Sakshi Shrivastava | 15 Post(s)

Sakshi is a 3rd year student at Hidayatullah National Law University, with a keen interest in Corporate and Competition Laws. She describes herself as an extrovert known to be quite vexing!

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