The Process of Becoming an Advocate in India: Education and Qualifications

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Introduction

In India being an advocate requires dedication, rigorous education, and adherence to specific qualifications and regulations. In representing clients in courts, providing legal advice, and ensuring justice is upheld, advocates play a crucial role. Enrollment of an advocate in India is a process that is governed by the Bar Council of India (BCI). Section 24 of the Advocate Act, 1961, deals with ‘Persons who may be admitted as advocates on a State roll.’ It states that “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 fulfills the following conditions, namely:

• 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;

• he has completed the age of twenty-one years,
• he has obtained a degree in law…,
• he fulfills such other conditions as may be specified in the rules made by the State Bar Council.”

In this article, we will discuss the process of becoming an advocate highlighting the education and qualification required to enroll as an advocate in India. 

How to enroll as an advocate in India?

Becoming an advocate in India requires a sequence of activities regulated by the Bar Council of India (BCI) and the corresponding State Bar Councils. 

• Educational Qualification: A person pursuing to become an advocate must have a Bachelor’s Degree in Law (LLB), either a 3-year program after obtaining a bachelor’s degree in any discipline or a 5-year integrated program directly after completing 12th grade (higher secondary education), from a recognized university or institution. Admission to most of the law schools or colleges offering LLB programs in India is based on entrance exams such as CLAT (Common Law Admission Test), AILET (All India Law Entrance Test), and LSAT-India (Law School Admission Test). Students study different aspects of law in the LLB program such as constitutional law, criminal law, civil law, corporate law, etc., and gain practical knowledge via internships, moot courts, legal clinics, and many more.

According to Rule 7 of the BCI Rules for Legal Education, “Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants, 42% for OBC category* and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years’ course or Degree course in any discipline for Three years’ LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.”

• Registration with the State Bar Council: Register with the State Bar Council where you wish to practice law after completing the LLB degree. In India, each state has its own Bar Council, with whom registration must be completed in accordance. Fill out the enrollment application form either by visiting the office of the State Bar Council or its official website. Submit necessary documents including a Certified copy of the LLB degree and mark sheets, passport-sized photographs, Address proof (PAN card, Aadhar Card, Voter ID, etc.), Character certificate from a recognized authority, Nationality proof (Birth certificate, passport, etc.), and enrollment fees as mentioned by the State Bar Council.
• Complete the Enrollment Process: After submitting the fees, the State Bar Council will verify the authenticity of the submitted documents. On completion of the verification process and approval of the application, receive the Certificate of Enrollment from the State Bar Council.
• Complete Training/Internship under a Senior Advocate: Complete an internship or training program under a working advocate to learn courtroom procedures, client interaction, drafting of legal documents, and other practical aspects of legal practice. Duration of the same varies from state to state but typically lasts for 1 year, during which one can gain practical experience in legal practice.
• Clear the AIBE (All India Bar Examination): AIBE is a mandatory exam conducted by the BCI (Bar Council of India) assessing basic legal knowledge, ethics, and skills. After completing training or internship, clear the AIBE.
• Certificate of Practice (CoP): After successfully clearing the AIBE exam, apply for a CoP from the State Bar Council which gives the authority to practice law in India. 

To be updated with legal developments and enhance professional skills, participate in CLE (Continuing Legal Education) programs. 

Conclusion

In India, being an advocate is a structured and involving procedure that needs dedication to law education, passing exams, gaining experience, and adherence to professional standards set by the Bar Councils. The journey from college to court demands more than mere academic prowess - it also includes getting hands-on experiences along with moral obligations. Because advocates are important in the administration of justice, it is their role that ensure that only those individuals who are equipped with the necessary knowledge and skills can uphold the legal profession’s integrity and its service to society.