Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 17 of the Advocates Act, 1961: State Bar Councils to Maintain Roll of Advocates
Section 17 of the Advocates Act, 1961 requires every State Bar Council to prepare and maintain a roll of advocates. The section determines who is entered on the State roll, divides the roll into Senior Advocates and other advocates, prescribes rules of seniority and prohibits simultaneous enrolment on the rolls of more than one State Bar Council.
In brief: Every State Bar Council must maintain an official roll. The roll has two parts - Senior Advocates and other advocates - and entries are arranged by seniority subject to the Act and applicable Bar Council of India Rules.
Text and structure of Section 17
Section 17 - State Bar Councils to maintain roll of advocates
(1) 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 immediately before the appointed day, including the historical category of Indian citizens described in the provision who had been enrolled before 15 August 1947 and who express an intention, in the prescribed manner, to practise within the jurisdiction of the Bar Council; and
(b) all other persons admitted as advocates on the roll of the State Bar Council under the Advocates Act on or after the appointed day.
(2) Each roll shall consist of two parts: the first part containing the names of Senior Advocates and the second part containing the names of other advocates.
(3) Entries in each part of the roll shall be in order of seniority and, subject to rules made by the Bar Council of India, seniority shall be determined in accordance with the statutory principles set out in the section.
(a) For an advocate covered by Section 17(1)(a), seniority is generally determined according to the date of enrolment under the Indian Bar Councils Act, 1926.
(b) For a person who was a Senior Advocate of the Supreme Court immediately before the appointed day, seniority in the first part of the State roll is determined according to principles specified by the Bar Council of India.
(c) Clause (c) was omitted by Act 60 of 1973.
(d) For any other person enrolled or admitted on or after the appointed day, seniority is determined by the date of enrolment or admission, as the case may be.
(e) Notwithstanding clause (a), the seniority of an attorney enrolled as an advocate is determined according to the date of enrolment as an attorney.
(4) No person shall be enrolled as an advocate on the roll of more than one State Bar Council.
Meaning and explanation of Section 17
1. State Bar Council roll is the official enrolment record
The State roll is the statutory record maintained by the State Bar Council. It records advocates enrolled under the Advocates Act and also preserves historical transition categories carried forward from the Indian Bar Councils Act, 1926.
2. Names and addresses must be maintained
Section 17(1) expressly requires the roll to contain the names and addresses of advocates. This supports identification, administration, electoral-roll functions and communication by the Bar Council.
3. Two parts of the roll
Section 17(2) mirrors the classification in Section 16. Senior Advocates are entered in the first part and other advocates in the second part.
4. Seniority is legally significant
Section 17(3) requires entries in each part to be arranged in order of seniority. The Act lays down historical and general rules for determining seniority, while also allowing the Bar Council of India to make rules on the subject.
5. One advocate, one State roll
Section 17(4) prohibits a person from being enrolled on the roll of more than one State Bar Council. If an advocate wishes to move from one State roll to another, the statutory mechanism is Section 18 - Transfer of Name from One State Roll to Another.
State roll structure at a glance
| Part | Who is entered | Order |
|---|---|---|
| First part | Senior Advocates | Order of seniority |
| Second part | Other advocates | Order of seniority |
How Section 17 connects with enrolment and transfer provisions
- Section 16 creates the two classes of advocates reflected in the State roll.
- Section 18 provides the mechanism for transfer from one State roll to another.
- Section 19 requires State Bar Councils to send copies of their rolls and alterations to the Bar Council of India.
- Section 21 deals with disputes regarding seniority.
- Section 22 deals with the certificate of enrolment.
- Section 24 states who may be admitted as an advocate on a State roll.
- Section 24A contains disqualifications for enrolment.
- Section 26A deals with removal of names from the State roll in specified cases.
Current Bar Council of India rule context
The Bar Council of India Rules contain detailed provisions relevant to seniority and State rolls. For example, the rules address historical enrolment dates and how seniority is calculated for advocates whose names had appeared on earlier High Court rolls.
Official legal sources
The current central text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
Relevant Bar Council of India Rules may be checked through India Code: India Code - Bar Council of India Rules.
Legal note: Section 17 contains both current enrolment rules and historical transition provisions. For a present-day question concerning enrolment, transfer, seniority or removal from a State roll, Section 17 should be read with Sections 18, 21, 24, 24A, 26A and the applicable Bar Council of India and State Bar Council Rules.