Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 24A of the Advocates Act, 1961: Disqualification for Enrolment
Section 24A of the Advocates Act, 1961 specifies circumstances in which a person cannot be admitted as an advocate on a State roll. The provision covers certain convictions and dismissal or removal from State employment or office on a charge involving moral turpitude.
In brief: Section 24A creates a temporary statutory bar to enrolment in specified cases. The disqualification generally ceases two years after release, dismissal or removal, and the section contains an exception for a person dealt with under the Probation of Offenders Act, 1958.
Text of Section 24A
Section 24A - Disqualification for enrolment
(1) No person shall be admitted as an advocate on a State roll:
(a) if the person is convicted of an offence involving moral turpitude;
(b) if the person is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955);
(c) if the person is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
Explanation: In clause (c), the expression "State" has the meaning assigned to it under Article 12 of the Constitution.
Proviso: The disqualification for enrolment shall cease to have effect after two years have elapsed since the person's release, dismissal or, as the case may be, removal.
(2) Nothing in sub-section (1) applies to a person who, having been found guilty, is dealt with under the Probation of Offenders Act, 1958 (20 of 1958).
Meaning and explanation of Section 24A
1. Conviction involving moral turpitude
Section 24A(1)(a) disqualifies a person from admission to a State roll where the person has been convicted of an offence involving moral turpitude. The Act does not define every offence that amounts to moral turpitude; the issue depends on the nature of the offence and applicable legal principles.
2. Conviction under the 1955 civil-rights law
Section 24A(1)(b) still uses the historical title "Untouchability (Offences) Act, 1955." That enactment was later renamed the Protection of Civil Rights Act, 1955. The current official India Code title is the Protection of Civil Rights Act, 1955.
3. Dismissal or removal from State employment
Section 24A(1)(c) applies where a person has been dismissed or removed from employment or office under the State on a charge involving moral turpitude. The explanation adopts the meaning of "State" in Article 12 of the Constitution.
4. Two-year cessation of disqualification
The proviso makes the disqualification temporary in the cases covered by sub-section (1). It ceases to have effect after two years have elapsed from release from custody, dismissal or removal, as applicable.
5. Probation of Offenders Act exception
Section 24A(2) provides that the disqualification in sub-section (1) does not apply where a person, after being found guilty, is dealt with under the Probation of Offenders Act, 1958.
Section 24A at a glance
| Ground | Effect | Duration / exception |
|---|---|---|
| Conviction involving moral turpitude | Disqualification from enrolment | Generally ceases two years after release |
| Conviction under the 1955 untouchability/civil-rights law | Disqualification from enrolment | Generally ceases two years after release |
| Dismissal or removal from State employment on charge involving moral turpitude | Disqualification from enrolment | Ceases two years after dismissal or removal |
| Person dealt with under Probation of Offenders Act, 1958 | Section 24A(1) does not apply | Statutory exception under Section 24A(2) |
How Section 24A fits into advocate enrolment
Section 24 sets out the positive qualifications for admission to a State roll. Section 24A adds statutory disqualifications that can prevent admission even where the ordinary eligibility requirements are otherwise satisfied.
Applications are made under Section 25 and are dealt with under Section 26.
Related provisions
- Section 17 requires State Bar Councils to maintain rolls of advocates.
- Section 22 deals with certificates of enrolment.
- Section 24 contains qualifications for admission on a State roll.
- Section 25 identifies the authority to which enrolment applications are made.
- Section 26 deals with disposal of applications for admission.
- Section 27 restricts repeat applications after refusal.
- Section 28 concerns 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.
The current title and text of the former Untouchability (Offences) Act, 1955 may be checked here: India Code - Protection of Civil Rights Act, 1955.
Legal note: Whether a particular conviction or service-related dismissal involves moral turpitude can depend on the facts, the statutory offence, the nature of the conduct and binding judicial decisions. Section 24A should therefore be applied with the relevant conviction, service order and current enrolment rules in view.