It is now possible that the advocates can be a member of multiple bar associations subject to the conditions, Let’s see the conditions mentioned below;
What are different BAr councils?
BAR COUNCIL OF INDIA
STATE BAR COUNCIL
The Bar Council of India is a statutory the body established under section 4 of the Advocates Act 1961 regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar.
The State Bar Councils are statutory bodies established under the Advocates Act, 1961 which acts as the representatives of the advocates of the respective states and also act as the regulatory body for the legal profession and education.
Bar associations are organizations of advocates working in particular courts and work for the welfare of their registered members.
Let’s look in to the provision of THE ADVOCATES ACT, 1961, where section 6 of the Advocate Act states as below
Section 17. State Bar Councils to maintain a roll of advocates.—
Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of—
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), immediately before the appointed day 1[including persons, being citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935, and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day.
Each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates.
Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this section shall be in the order of seniority, 2[and, subject to any rule that may be made by the Bar Council of India in this behalf, such seniority shall be determined] as follows:—
(a) the seniority of an advocate referred to in clause (a) sub-section (1) shall be determined in accordance with his date of enrolment under the Indian Bar Councils Act, 1926 (38 of 1926);
(b) the seniority of any person who was a senior advocate of the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify;
(d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be; 4[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled [whether before or after the commencement of the Advocate (Amendment) Act, 1980] as an advocate shall be determined in accordance with the date of his enrolment as an attorney.]
No person shall be enrolled as an advocate on the roll of more than one State Bar Council.
Accordingly, in Section 17 Sub Section 4 of The Advocates Act, 1961 it is clearly mentioned that
“No person shall be enrolled as an advocate on the roll of more than one State Bar Council”
Hence, the advocate can be a member of multiple bar associations;
For better understanding Let’s consider the example of Delhi, which has seven 7 district courts, the Hon’ble High court of Delhi, and the Hon’ble Supreme Court. Any Advocate who wants to enroll in multiple bar associations, then can enroll in the Bar Council of Delhi, and can also get membership in the
Tis Hazari Court
Patiala House Court
The Rouse Avenue Court
Hon’ble Supreme Court.
Hence we can conclude that enrolling in multiple bar associations is allowed.
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