Enrollment of Supreme Court Advocates
special provision for enrollment of certain Supreme Court advocates ( section 20 of advocate Act,1961 )
1) notwithstanding anything contained in this chapter, every advocate who was entitled as of right to practice in the supreme court immediately before the appointed day and whose name is not entitled in any state roll may, within the prescribed time, Express his intention in the prescribed form to the bar council of India for the entry of his name in the role of a state bar council and on receipt thereof the bar council of India shall direct that the name of such advocate shall, without payment of any fee, be entered in the role of that state bar council and the state bar council concerned shall comply with such direction.
2) any entry in the state roll made in compliance with the direction of the bar council of India under subsection (1) shall be made in under of seniority determined in accordance with the provisions of sub -section (3) of section 17.
Sub-section( 3) of section 17 says thus -
" Entries in each part of the roll of advocate prepared and maintained by a State bar council under this section shall be in the order of seniority, and subject to any rule that may be made by the bar council of India in this behalf such seniority shall be determined as follows -
(A) the seniority of an advocate referred to in clause (a) of the sub-section (1) shall be determined in accordance with his date of enrolment under the Indian bar council Act,1961.
(B) The seniority of any person who was a senior advocate of the supreme court immediately before the appointed day shall , for the purpose of the first part of the State roll, be determined in accordance with such principles as the bar council of India may specify ;
(C) omitted
(D) the seniority of any other person who, on or after appointed Day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be.
(E) Notwithstanding anything contained in class (a), the seniority of an attorney controlled ( whether before or after commencement of the Advocate (Amendment )Act, 1980 as an advocate shall be determined in accordance with the date of his enrollment as an attorney .
According to rule 2(c) of the supreme court rules,1966, upon an advocate being designated as a senior advocate, the registrar shall communicate to all the High Courts and Secretary to the bar council of India and the secretary of the state bar council concerned the name of the Said advocate and the date on which he was so designated.
According to rule 4 of the supreme court rules ,1966, any advocate not being a senior advocate may , on his fulfilling the conditions laid down in rule 5, be registered in the court as an advocate on record.
According to rule 5 of the supreme court rules ,1966, no advocates shall qualify to be registered as an advocate on record unless -
1) his name is, and has been, borne on the role of any state Bar Council for a period of not less than 3 years on the date of commencement of his training as provided hereinafter;
2) he has undergone training for 1 year with an Advocate on record approved by the court, and has thereafter passed such a test as may be held by the court for advocates who apply to be registrar as advocates on record particulars whereof shall be notified in the official gazette.
A) anatomy shall be exempted from such a training and test; and
B) the chief justice may, in appropriate Cases, grant exemption from the requirement of training
3 ) he has an office in Delhi within a radius of 16 kilometres from the court house and gives a undertaking to employ, within one month of his being registered as Advocate on record, a registered Clark, and
4) he paid a registration fee of 25 rupees.
According to rule 5-A of the supreme court rules, 1966, an advocate who has been convicted of an offence involving moral turpitude shall not be eligible for a period of 2 years with effect from the date he has served out the sentence or has paid the fine imposed on him.
Restrictions on the duties of Senior Advocates of Supreme Court -
According to part- I order IV rule ( 2) (B) of Supreme court rules, 1966 a Senior advocate shall not -
1) file a vakalatnama or act in any Court tribunal in India;
2) appear without an Advocate on record in the court or without a junior in any other Court or Tribunal in India ;
3) Accept instructions to draw pleading or affidavits, advise on evidence or do any drafting work of and analogous kind in any Court or Tribunal in India or undertake conveyancing work of any kind whatsoever but his prohibition shall not extend to Settling any such matter as, aforesaid in consultation with a junior;
4 ) accept directly from a client any brief for instructions to appear in any Court or Tribunal in India.
Explanation-
In this order-
(A) acting means filing an appearance or any pleadings in any Court of tribunals in India or any act (other than pleadings) required or authorised by law to be done by a party in such Court or Tribunal either in person or by his recognised agent or buy an advocate or attorney on his behalf.
(B)'Tribunal' includes any authority or Person legally authorised to take evidence and before whom advocates are by or under any law for the time being in force , entitled to practise
(C) 'Junior' means an advocate other than a senior advocate.
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