How to Become an Advocate in India?

Advocates in India are more than mere legal practitioners; they are guardians of fundamental rights, architects of social change, and critical interpreters of the country's complex legal landscape. 

Advocates in India 

• An advocate, as defined under Section 2(a) of the Advocates Act, 1961, is a legal professional whose name is registered in the roll of advocates maintained by a State Bar Council. Upon enrollment with the Bar Council of India (BCI) under the provisions of the Act, an advocate is entitled to practice law in India. 
• They represent clients in courts, provide legal advice, and assist in legal proceedings. 

Path to Become an Advocate in India 

Eligibility Criteria: 

• Section 24 of the Advocates Act, 1961 lays down the qualifications required for enrollment as an advocate on a State roll: 
  • Indian citizenship (with provision for foreign nationals if reciprocal rights exist). 
  • Minimum age of 21 years. 
  • Possession of a law degree from an Indian university or a recognized foreign qualification in law.  
  • Payment of prescribed enrollment fees. 
  • Fulfillment of any other conditions specified by the State Bar Council.

Step-by-Step Enrollment Process: 

Preparation of Documents: 

• Essential documents required: 
  • Law degree certificate 
  • Mark sheets 
  • Character certificate 
  • Proof of identity 
  • Residential proof 
  • Passport-sized photographs 
  • No objection certificate (if applicable) 

Application Submission: 

• Apply to the State Bar Council where:  
  • The candidate has permanent residence, or 
  • The law degree was obtained, or 
  • Intends to practice initially. 

Verification Process: 

• The State Bar Council will: 
  • Scrutinize submitted documents. 
  • Conduct background verification. 
  • Assess character and antecedents. 
  • Ensure all the eligibility criteria are met 

Enrollment Certificate: 

• Upon successful verification: 
  • The State Bar Council issues enrollment certificate as per Section 22 of the Advocates Act, 1961 and provides unique enrollment number.

Bar Examination: 

• Mandatory clearing of the All-India Bar Examination (AIBE) which: 
  • Is conducted by the Bar Council of India.  
  • Tests legal knowledge and professional ethics. 
  • Is in a Multiple-choice question format. 
  • Can be attempted multiple times. 
• After clearing All India Bar Examination, the candidate is awarded the certificate of practice by the Bar Council of India.

Conclusion

Advocates in India are not just legal practitioners but also guardians of justice, contributing to the social transformation of the nation. From the rigorous process of becoming an advocate, including the qualifications, enrollment, and bar examination, to the distinction of senior advocates and advocates-on-record, the profession is steeped in tradition and professionalism.