24 A. Disqualification for enrolment
(1) No person shall be admitted as an advocate on a State roll:
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability
(Offences) Act, 1955;
l[(c) if he is dismissed or removed from employment or office under the State on
any charge involving moral turpitude.
Explanation: In this clause, the expression "State" shall have the meaning assigned
to it under Article 12 of the Constitution]:
PROVIDED that the disqualification for enrolment as aforesaid shall cease to have effect after a period of
two years has elapsed since his 2[release or dismissal or, as the case may be, removal.]
(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with under the
provisions of the Probation of Offenders Act, 1958 (20 of 1958).
25. Authority to whom applications for enrolment may be made
An application for admission as an advocate shall be made in the prescribed form to the State Bar Council
within whose jurisdiction the applicant proposes to practice.
26. Disposal of an application for admission as an advocate
(1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee,
and subject to the provisions of sub-sections (2) and (3) 1[ and to any direction that may be given in writing
by the State Bar Council in this behalf], such committee shall dispose of the application in the prescribed manner:
1[PROVIDED that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise,
that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud
or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.]
(2) Where the enrolment !:committee of a State Bar Council proposes to refuse any such application, it shall refer the
application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the
grounds in support of the refusal of the application.
(3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of
India under sub-section (2) in conformity with the opinion of the Bar Council of India.
1[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on
its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such
refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.]
26 A. Power to remove names from roll.
A State Bar Council may remove from the State roll the name of any advocate who is
dead or from whom a request has been received to that effect.]
27. Application once refused not to be entertained by
another Bar Council except in certain circumstances
Where a State Bar Council has refused the application of any person for admission as an
advocate on its roll, no other State Bar Council shall entertain an application for admission
of such person as an advocate on its roll, except with the previous consent in writing of the
State Bar Council which refused the application and of the Bar Council of India.
28. Power to make rules
(1) A State Bar Council may make rules to carry out the purposes of this chapter.
(2) In particular, and without prejudice to the generallity of the foregoing power,
such rules may provide for:
2[(a) the time within which and form in which an advocate shall express his
intention for the entry of his name in the roll of a State Bar Council under
section 20;]
(b) [Omitted by Act 600f1973]
(c) the form in which an application shall be made to the Bar Council for admission
as an advocate on its roll and the manner in which such application shall be disposed
of by the enrolment committee of the Bar Council;
(d) the conditions subject to which a person may be admitted as an advocate
on any such roll;
(e) the instalments in which the enrolment fee may be paid.
(3) No rules made under this chapter shall have effect unless they have been
approved by the Bar Council of India.
COMMENTS
Handicapped person running STD booth in his name, enrolled as advocate. A complaint was received in this
behalf. He failed to surrender booth within the time given by Bar Council of India. Direction to State Bar
Council to delete his name from roll of advocates. Advocate surrendered booth subsequently. Review petition
against order of Bar Council of India dismissed on ground of limitation. It was held that orders of Bar Council
of India are liable to be set aside. Enrollment of advocate restored.-AIR 2003 SC 2502.
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