registration in supreme court of india
Niyamat Hussain
(Querist) 07 May 2011
This query is : Resolved
i am niyamat Hussain i have all ready registration in the bar councle of uttar pradesh but i want registration in the supreme court of india what is the producerof it plz gime me good solution i want to shifted in delhi
R.Ramachandran
(Expert) 07 May 2011
Dear Mr. Hussain,
There is no separate registration for practising in Supreme Court. However, if you want to practice in Delhi, then you have to get your enrolment from U.P. transferred to Delhi Bar Council. For this, you have to submit an application to the U.P.Bar Council where you registered earlier. Approach the U.P.Bar Council, they will give you the form for transfer, fill-up and give it to them.
Very recently on 30.4.2011, Mr. A.V.Vishal, an expert in LCI had an given a very detailed procedure for transfer of Enrolment from one State Bar Council to Another. The details are as under:
Transfer of name from one State Roll to another State Roll
[Rules under Section 18 and 49 (1) (b) of the Act]
1. Any person whose name is entered on any State Roll may make an application to the Council for transfer under Section 18 of the Act in Form ‘C’ in this Chapter. The application shall be accompanied by (i) a certified copy of the entry in the State Roll relating to the applicant and (ii) a certificate from the State Council stating that his certificate of enrolment has not been recalled, that the applicant is entitled to practise on the date of his application, that there are no disciplinary proceedings pending against the applicant and that it has no objection to the transfer being ordered.
On receipt of an application for transfer, the Secretary shall enquire from the State Council concerned whether they have any objections to the transfer being granted, and he shall thereafter place the papers for disposal before the Council or a Committee constituted for the purpose. If the Committee consider that the application shall be refused, the matter should be referred to the Council for orders.
1A. On receipt of an application for transfer, the “transferor” Bar Council shall transmit the entire records relating to the enrolment of the advocate who is seeking a transfer, to the Bar Council of India together with original of the application for enrolment, retaining an authenticated copy of the documents with the “transferor” Bar Council1.
2. (1) The order of the Council on the application for transfer shall ordinarily be in Form-D in the annexure to this Chapter.
(2) The applicant for transfer shall be informed about the order on his application.
(3) On receipt of a communication from the Bar Council of India of an order for transfer :-
(a) it shall be the duty of the advocate who has applied for transfer to produce the certificate of enrolment issued to him under Section 22 of the Act for endorsement in Form D-1 in this Chapter to the State Council on the roll of which his name appears. The said State Council shall as expeditiously as possible after the endorsement and the necessary entries in its roll transmit the certificate to the State Council to which the name of the Advocate is directed to be transferred ;
(b) on receipt of the certificate endorsed as aforesaid the Secretary of the latter State Council shall make a further endorsement thereon in Form D-2 in this Chapter;
(c) on such endorsement being made and the other formalities, if any, required by law being complied with the transfer shall be deemed to take effect from the date of the direction of the Bar Council of India under Section 18 of the Act.
(d) After the application has been allowed by the Bar Council of India, the Bar Council of India shall transmit the original records received from the “transferor” Bar Council to the “transferee” Bar Council and in the event of the application for transfer is rejected for any reason, shall be transmitted to the “transferor” Bar Council2.
(4) A Copy of the Order on the applications for transfer made by the Council shall be put up on the Notice Board of the State Councils concerned.
THE ABOVE IS FOR TRANSFER OF YOUR ENROLMENT FROM U.P. TO DELHI.
Now, for you to practice in Supreme Court, you have to approach some Senior Advocates and try to work as Junior under any one of them.
ADVOCATE ON RECORD: Supreme Court conducts an examination called "Advocate on Record Examination". Only the AORs are entitled to file the cases on behalf of the clients (other than those who want to file the papers in person). The Cause list will also show only the name of the Advocate on Record against each case. Once the AOR files the case, then any Advocate can argue the matter.
After 4 years of practice as Advocate, you can undergo one year practical training under an Advocate On Record and then take up the Examination. Once you clear the examination, then you would become AOR and you will be able to file the cases in the SC on behalf of the clients. You can also argue the cases on behalf of the clients.
Guest
(Expert) 08 May 2011
Perfect advice by Mr. Ramachandran.
