(i) senior advocates shall have pre-audience over other advocates; and
(ii) the right of pre-audience over senior advocates inter se and other advocates inter se shall be determined by their respective seniority.

COMMENTS

Sec. 23 merely determines the rights of advocates inter se to the pre-audience of the court on the basis of seniority. That is a matter to be settled among advocates themselves and in case of a dispute seniority shall confer the right of pre-audience but the section does not impose any bar on a junior advocate in the matter of conducting the case when no other advocate is present on behalf of the client.-1975 Cri LJ 337 (All).

(a) he is a citizen of India:
PROVIDED that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practice law in that other country;

(b) he has completed the age of twenty-one years;

(c) he has obtained a degree in law:

(i) before the 1[12th day of March, 1967], from any university in the territory of India; or

(ii) before the 15th day of August, 1947, from any university in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or

2[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia) after undergoing a three year course of study in law from any university in India which is recognized for the purposes of this Act by the Bar Council of India; or

(iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any university in India which is recognized for the purposes of this Act by the Bar Council of India; or] 3[(iv) in any other case, from any university outside the territory of India, if the degree is recognized for the purposes of this Act by the Bar Council of India; or]

l[he is a barrister and is called to the Bar on or before the 31st day of December, 1976 2[ or has passed the articled clerk's examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court]; or has obtained such other foreign qualification in law as is recognized by the Bar Council of India for the purpose of admission as an advocate under this Act];


(d) [Omitted by Act 600f1973J

(e) he fulfills such other conditions as may be specified in the rules made by the State Bar Council under this Chapter;

3[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 and an enrolment fee payable to the State Bar Council of4[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favor of that Council]:

(a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointea day; and

(b) fulfill the conditions specified in clauses (a), (b) and (f) of sub-section (1).

(a) 7[* * *] has, for at least three years, been a vakil or a pleader or a mukhtar, orwas entitled at any time to be enrolled under any law 7[* * *] as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or

8[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practice the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or]

(b) [Omitted by Act 60 of 1973J

(c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935; or

(d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he:


(i) makes an application for such enrolment in accordance with the provisions of this Act; and

(ii) fulfill the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1).


(4) [Omitted by Act 1070f1976J

COMMENTS

Sec. 24 confers an unqualified power and discretion on the Bar Council of India to recognise or not to recognise the degrees in law conferred by Universities in India after 28-2-1963.-AIR 1972.

The right to practice as an advocate is governed by the provisions of the statute, viz., the Advocates Act and is not a fundamental right. It is a privilege conferred by the statute. Therefore, the right to practice as an advocate is not an absolute right.-1984 Lab IC 498 (AP).

Person receiving full wages under section 17-8 of Industrial Disputes Act in view of pendency of industrial dispute in higher Court is deemed to be in employment of management and is not entitled for enrollment as an advocate.-AIR 2003 (NOC) 295 (AP).

Provisional admission and enrolment as an advocate granted subject to condition of submitting original LL.B. Degree certificate. Non-fulfilment of condition within prescribed period. Reply given by candidate to show cause notice satisfactorily. Provisional admission and enrolment become non est in eyes of law once condition is not satisfied. Admitting him afresh as advocate, not from the date he was originally enrolled is proper.-Salfaraz Hamid v. High Court of J & K AIR 2004J & K 157.