Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 19 of the Advocates Act, 1961: State Bar Councils to Send Copies of Rolls of Advocates to the Bar Council of India
Section 19 of the Advocates Act, 1961 requires every State Bar Council to send the Bar Council of India an authenticated copy of the first roll of advocates prepared under the Act and to communicate every later alteration or addition to that roll as soon as it is made.
In brief: State Bar Councils maintain the primary State rolls under Section 17, while Section 19 requires those rolls and all subsequent changes to be communicated to the Bar Council of India so that enrolment information remains coordinated at the national level.
Text of Section 19
Section 19 - State Bar Councils to send copies of rolls of advocates to the Bar Council of India
Every State Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations in and additions to any such roll, as soon as the same have been made.
Meaning and explanation of Section 19
1. Initial authenticated roll must be sent to the Bar Council of India
The State Bar Council must send an authenticated copy of the first roll prepared under the Advocates Act. The requirement is not for an informal list; the section expressly requires an authenticated copy.
2. Later changes must also be communicated
The duty does not end after the initial roll is sent. Every alteration in, and every addition to, the State roll must thereafter be communicated to the Bar Council of India.
3. Communication must be prompt
Section 19 uses the words "as soon as the same have been made." The statutory scheme therefore contemplates prompt communication after the State roll is altered or supplemented.
4. Section 19 works with Section 17
Section 17 requires each State Bar Council to prepare and maintain the roll. Section 19 then requires transmission of that roll and its changes to the Bar Council of India.
What changes may affect a State roll?
Depending on the applicable provision, changes to a State roll may result from admission of a new advocate, transfer from another State roll, change of status, removal of a name or other lawful alteration under the Advocates Act and applicable rules.
| Event | Related provision | Relevance to the roll |
|---|---|---|
| New enrolment | Section 24 | Name may be added to the State roll after lawful admission. |
| Transfer between State rolls | Section 18 | Name is removed from one roll and entered on another. |
| Removal from roll | Section 26A | State roll is altered when removal is lawfully ordered. |
| Change in permanent residence | Section 22 | The enrolled advocate must notify the State Bar Council of a change in permanent residence within the statutory period. |
Current Bar Council of India roll rules
The Bar Council of India Rules contain detailed provisions on how names are entered in advocate rolls, including rules concerning the form in which names are recorded and related enrolment particulars. These rules supplement the statutory State-roll framework under Sections 17 to 19.
Related provisions
- Section 16 distinguishes Senior Advocates from other advocates.
- Section 17 requires State Bar Councils to maintain rolls of advocates.
- Section 18 governs transfer from one State roll to another.
- Section 21 deals with disputes regarding seniority.
- Section 22 deals with certificates of enrolment and notification of change in permanent residence.
- Section 24 states who may be admitted as an advocate on a State roll.
- Section 26A deals with removal of names from a State roll.
- Section 28 deals with State Bar Council rules on admission and enrolment.
Official legal sources
The current 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 19 is a reporting and coordination provision. The legal basis for a particular addition, deletion, transfer or alteration in a State roll depends on the relevant substantive provision of the Advocates Act and the applicable Bar Council rules.