Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 26A of the Advocates Act, 1961: Power to Remove Names from Roll
Section 26A of the Advocates Act, 1961 gives a State Bar Council a limited administrative power to remove an advocate's name from the State roll where the advocate has died or where the advocate has requested removal.
In brief: Section 26A covers only two situations - death of the advocate or a request by the advocate for removal of the name from the State roll. Removal as a disciplinary punishment is governed separately by the misconduct provisions of the Advocates Act.
Text of Section 26A
Section 26A - Power to remove names from roll
A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.
Meaning and explanation of Section 26A
1. Removal after the death of an advocate
A State Bar Council may remove the name of an advocate who has died. This keeps the State roll accurate and current.
2. Voluntary removal on request
Section 26A also permits removal where the advocate personally requests that the advocate's name be removed from the State roll. The provision does not prescribe the form or supporting documents for such a request; those administrative requirements may be governed by the concerned Bar Council's current rules or procedure.
3. Section 26A is not a disciplinary provision
Section 26A should not be confused with removal from practice as a disciplinary punishment. Misconduct proceedings are governed principally by Section 35. When a disciplinary order removes an advocate from practice, Section 41 requires the name to be struck off the State roll.
Section 26A compared with disciplinary removal
| Situation | Applicable provision | Nature of action |
|---|---|---|
| Advocate has died | Section 26A | Administrative removal from State roll |
| Advocate requests removal | Section 26A | Voluntary administrative removal |
| Advocate found guilty of professional or other misconduct | Section 35 | Disciplinary proceeding and punishment |
| Disciplinary order removes advocate from practice | Section 41 | Name struck off State roll pursuant to disciplinary order |
How Section 26A fits into the State-roll framework
Section 17 requires every State Bar Council to maintain its roll of advocates. Section 26A provides one of the statutory mechanisms for removing a name from that roll. Changes to the roll are also relevant to the State Bar Council's reporting duty under Section 19.
Can a removed advocate later seek enrolment again?
Section 26A itself does not set out a restoration or re-enrolment procedure. Any later request to return to a State roll must be considered under the Advocates Act and the current rules applicable to the circumstances, including whether the earlier removal was voluntary, disciplinary, or arose under another statutory provision.
Related provisions
- Section 17 requires State Bar Councils to maintain rolls of advocates.
- Section 18 governs transfer of an advocate from one State roll to another.
- Section 19 requires State Bar Councils to communicate roll changes to the Bar Council of India.
- Section 22 deals with certificates of enrolment.
- Section 26 deals with disposal of applications for admission and separately permits the Bar Council of India to remove a name obtained by misrepresentation, fraud or undue influence.
- Section 35 governs disciplinary punishment for professional or other misconduct.
- Section 41 governs alteration of the roll after disciplinary punishment.
Official legal source
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
Legal note: Section 26A is limited to removal after death or on the advocate's request. Removal based on fraud in obtaining enrolment, professional misconduct, suspension or disciplinary punishment arises under different provisions of the Advocates Act and should not be treated as a Section 26A action.