enrolment of advocate in different state bars
amit
(Querist) 17 February 2009
This query is : Resolved
dear sir,
suppose an advocate has been enroled/registration in bar counsil of uttar pradesh,can he/she practice in Supreme Court of India,Delhi High Court & High Court of Haryana & Punjab?
If it is possible what is the procedure for enrolment/registration & does it effect the registration of uttar pradesh?
PALNITKAR V.V.
(Expert) 18 February 2009
A person is entitled to practise in the State in which he is registered. An advocate can get himself registered with as many Bar Councils of the States as he wishes. But you can not practice in Delhi High court or Punjab HC unless you are registered with concerned Bar councils.
A. A. JOSE
(Expert) 18 February 2009
The question has been fully answered by learned senior Palnitkar Sir and nothing further needs to be added to the same except to thank him.
M. PIRAVI PERUMAL
(Expert) 18 February 2009
I agree with the answers of my learned friends.
Kamlesh soni
(Expert) 18 February 2009
I agree with above learned friends. and further i advise you if u will practice more than one state then enroll regarding that state also.
ARVIND JAIN
(Expert) 18 February 2009
with due respect i disagree. if regd in U.P you may appear in any court through out India.You can get ur regn transfered also in Delhi ,if you want.Dont worry and go a head.
PALNITKAR V.V.
(Expert) 18 February 2009
I differ from Mr. Jain. If an advocate wants to appear in any court outside the state in which he is registered, he can not do it independantly. He has to take another local advocate with him. Transfering of registration is different aspect.
Manish Singh
(Expert) 18 February 2009
Dear Sirs,
I disagree with the above view since an advocate is free to practice in any court of India including the SC. the only condition les there that if he practice in another state's court he must enrol himself within 6 months from the date of such commencement of practice.
PALNITKAR V.V.
(Expert) 18 February 2009
Dear Manish I will be highly obliged if you can post the rule of 6 month's period in this section. That will solve difficulties of many including me as I often face this problem while practising in AP and MP.
Shyam Ji Srivastava
(Expert) 18 February 2009
Dear Mr. Amit,
Mr. Arvind Jain is perfectly right.The advocate who is registered in any state bar council may practice in any court except to Supreme Court. but he has to inform and surrender the certificate in the concerned state bar council but there is no need to engage any local lawyer. So dear Amit don`t confuse and wish you a bright carrier.
Shyam Ji srivastava
Senior Advocate
KANPUR (U.P.)
PALNITKAR V.V.
(Expert) 18 February 2009
Please see the following rule of the Bar Council of India. If an advocate does not get his name transferred within six months will he be not guilty of professional misconduct. Does it not mean that he should get himself registered/transferred if wants to practise in a particular area.
Chapter - III
(Conditions for right to practice)
(Rules under Section 49 (1) (ah) of the Act)
1. Every advocate shall be under an obligation to see that his name appears on
the roll of the State Council within whose jurisdiction he ordinarily practices.
Provided that if an advocate does not apply for transfer of his name to the roll
of the State Bar Council within whose jurisdiction he is ordinarily practising
within six months of the start of such practice, it shall be deemed that he is
guilty of professional misconduct within the meaning of section 35 of the
Advocates Act.
I am annexing rule framed by Bombay High Court under Sec. 34 of the Advocates Act for ready reference.
Chap 28 of High Court Manual Rule 3: An advocate who is not on the roll of Advocates of the Bar Council of Maharashtra shall not appear or act in any Court, unless he files a Vakalatnama along with an Advocate who is on the roll of the Bar Council of Maharashtra and who is ordinarily practising in such Court.
Please enligten.
Tribhuwan Pandey
(Expert) 18 February 2009
I am also of the view and regularly seeing once one has registered in the roll of Bar Council of any State he is entitled to practice any where in India. He does not need to re-register if he changes his place of practice but need to transfer his registration. But some Bar associations have their own rules that the out side advocates will have to engage the local advocate of their association.
Ravi Arora
(Expert) 18 February 2009
Respected Friends
I differ with the views
You can practice only in the state where you are enrolled
Manish Singh
(Expert) 19 February 2009
Yes, Mr. Palnitkar is right and as such he has also provided support to his stand by reproducing provisions of the Bar Council of India Rules alongwith High Court Rules.
But ther's a difference between practising and appearance in other courts which we must keep in mind.
I find no other reason to differ from his later opinion and fully endorse the same.
an advocate must look into the HIgh Rules also for the said purposes since the HC is the supervisory authority for all the courts in tha state.
and dear Mr. Srivastava, an advocate is always free to practice in the SC also and there is no such abr on that but for filing and other purposes, he must be an advocate on record. but for practising or appearing n the cases, there's no need to be an advocate on record for him.
A. A. JOSE
(Expert) 19 February 2009
Dear Experts,
Viewing the provisions of Rules of the Bar Council of India and the High Court Manual Rule quoted by Mr.Palnitkar, would it not appear that both are inconsistent ? Further deliberations on the such provisions and which one would have over-riding effect, etc. would be enriching please.
Manish Singh
(Expert) 20 February 2009
Dear Mr. Jose,
the Bar Council Rules provide the framework and also empowers the HCs to frame further rules for smooth funcitioning of judiciary so under those powers hc may further impose certain modifying conditions as to the said rule which cant be inconsistent. if the HC goes against the 6 months period, then it shall be inconsistence.
B.B.R.Goud.
(Expert) 23 February 2009
u need to enroll in the bar council of a state and membership in local bar association, in wich state u want to practice, which is not restricted to any no.of states and local bar associations.
after getting sufficient knowledge and experience only u enter to practice in supreme court.
Manish Singh
(Expert) 25 February 2009
no we can be enrolled with only one state's bar council at a time as per the rules. otherwise it amounts to professional miscinduct.
