Section 20 in Advocate Act

Title: Special provision for enrolment of certain Supreme Court advocates

Description: 1[20. Special provision for enrolment of certain Supreme Court advocates.-- (1) Notwithstanding anything contained in this Chapter, every advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered 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 roll 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 roll 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 sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of subsection (3) of section 17. (3) Where an advocate referred to in sub-section (1) omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the State Bar Council of Delhi. 1. Subs. by Act 60 of 1973, s. 15, for section 20 (w.e.f. 31-1-1974).

Title: Disputes regarding seniority

Description: (1) Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other. 1[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision.] 1. Subs. by s. 16, ibid., for sub-section (2) (w.e.f. 31-1- 1974).

Title: Certificate of enrolment

Description: 1[22. Certificate of enrolment.-- (1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it under this Act. (2) Every person whose name is so entered in the State roll shall notify any change in the place of his permanent residence to the State Bar Council concerned within ninety days of such change.] 1. Subs. by s. 17, ibid., for section 22 (w.e.f. 31-1-1974).

Title: Right of pre audience

Description: (1) The Attorney-General of India shall have pre-audience over all other advocates. (2) Subject to the provisions of sub-section (1), the Solicitor-General of India shall have pre-audience over all other advocates. (3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-General of India shall have pre-audience over all other advocates. 1[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General of India shall have pre-audience over all other advocates.] (4) Subject to the provisions of sub-sections (1), 2[(2), (3) and (3A)], the Advocate-General of any State shall have pre-audience over all other advocates, and the right of pre-audience among Advocates-General inter se shall be determined by their respective seniority. (5) Subject as aforesaid-- (i) senior advocates shall have pre-audience over other advocates, and (ii) the right of pre-audience of senior advocates inter se and other advocates inter se shall be determined by their respective seniority. 1 Ins. by Act 47 of 1980, s. 3 (w.e.f. 29-11-1980). 2. Subs. by s. 3, ibid., for "(2) and (3)" (w.e.f. 29-11-1980).

Title: Persons who may be admitted as advocates on a State roll

Description: (1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfils the following conditions, namely:-- (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 practise 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 recognised 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 recognised 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 recognised for the purposes of this Act by the Bar Council of India; or] 4[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed passed the article 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 recognised by the Bar Council of India for the purpose of admission as an advocate under this Act]; 6* * * * * (e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 7[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council:] Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be 9[one hundred rupees and to the Bar Council of India, twenty-five rupees.] 10[Explanation.-- For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on the date on which the results of the examination for that degree are published by the University on its notice board or otherwise declaring him to have passed that examination.] (2) Notwithstanding anything contained in sub-section (1), 11[a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll if he-- (a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day; and (b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 12[(3) Notwithstanding anything contained in sub-section (1) a person who-- (a) 13*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time time to be enrolled under any law 14*** 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 -- 15[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the 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] 16* * * * * (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 (25 & 26 Geo. 5 C 42); 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) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 17* * * * * 1. Subs. by Act 60 of 1973, s. 18, for 28th day of February, 1963 (w.e.f. 31-1-1974). 2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974). 3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964). 4. Subs. by Act 60 of 1973, s. 18, for he is a barrister (w.e.f. 31-1-1974). 5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976). 6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f 31-1-1974). 7 . Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974). 8. Subs. by Act 70 of 1993, s. 6, for "two hundred and fifty rupees" (w.e.f. 26-12-1993). 9. Subs. by Act 70 of 1993, s. 6, for "one hundred and twenty-five rupees" (w.e.f. 26-12-1993). 10. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962). 11. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964). 12. Ins. by s. 13, ibid. (w.e.f. 16-5-1964). 13. The words, "figures and letter before the 31st day of March, 1964", omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968). 14. The words "then in force" omitted by s. 2, ibid. (w.e.f. 5-6- 1968). 15. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974). 16. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974). 17. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976)