Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 27 of the Advocates Act, 1961: Application Once Refused Not to Be Entertained by Another Bar Council Except in Certain Circumstances
Section 27 of the Advocates Act, 1961 prevents an applicant whose enrolment application has been refused by one State Bar Council from simply approaching another State Bar Council for admission. A fresh application can be entertained only after obtaining the required prior written consents.
In brief: After refusal by one State Bar Council, another State Bar Council cannot entertain a new enrolment application unless the applicant first obtains written consent from both the State Bar Council that refused the earlier application and the Bar Council of India.
Text of Section 27
Section 27 - Application once refused not to be entertained by another Bar Council except in certain circumstances
Where a State Bar Council has refused the application of any person for admission as an advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as an advocate on its roll, except with the previous consent in writing of the State Bar Council which refused the application and of the Bar Council of India.
Meaning and explanation of Section 27
1. Refusal by one State Bar Council affects later applications elsewhere
Once a State Bar Council has refused an application for admission as an advocate, the applicant cannot avoid that refusal by filing the same or another enrolment application before a different State Bar Council.
2. Two prior written consents are required
A different State Bar Council may entertain a fresh application only if two separate authorities give prior written consent:
- the State Bar Council that refused the earlier application; and
- the Bar Council of India.
3. Consent must be obtained before the second application is entertained
Section 27 uses the expression "previous consent in writing." The statutory requirement is therefore prior written consent, not approval obtained after another State Bar Council has already taken up the new application.
4. Section 27 is aimed at consistency in enrolment decisions
The provision prevents an applicant from seeking a different result merely by changing the State Bar Council after refusal. It works together with Section 26(4), which requires the refusing State Bar Council to notify all other State Bar Councils of the refusal and the grounds for it.
Section 27 requirements at a glance
| Situation | Legal effect |
|---|---|
| First State Bar Council refuses enrolment | The refusal activates Section 27. |
| Applicant approaches another State Bar Council without consent | The second State Bar Council cannot entertain the application. |
| Consent of refusing State Bar Council only | Insufficient by itself. |
| Consent of BCI only | Insufficient by itself. |
| Prior written consent of both authorities | The statutory bar under Section 27 is lifted for the fresh application to be entertained. |
How Section 27 works with Section 26
Section 26 regulates disposal of the first enrolment application. If the Enrolment Committee proposes refusal, it must refer the matter to the Bar Council of India for opinion, and the Committee must decide in conformity with that opinion.
If refusal ultimately follows, Section 26(4) requires the State Bar Council to notify every other State Bar Council of the applicant's name, address, qualifications and grounds of refusal. Section 27 then prevents another State Bar Council from entertaining a fresh application without the required prior written consents.
Section 27 does not itself grant enrolment
Obtaining the two written consents only removes the statutory bar against another State Bar Council entertaining the application. The applicant must still satisfy the eligibility requirements in Section 24, avoid the disqualifications in Section 24A, and comply with the applicable enrolment rules and procedure.
Related provisions
- Section 24 contains the main qualifications for admission on a State roll.
- Section 24A contains statutory disqualifications for enrolment.
- Section 25 identifies the State Bar Council to which the enrolment application is made.
- Section 26 governs disposal and refusal of an enrolment application.
- Section 28 deals with State Bar Council rule-making for admission and enrolment.
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 27 only governs whether another State Bar Council may entertain a fresh application after an earlier refusal. It does not itself create a right to enrolment. The applicant must still satisfy all current statutory qualifications, valid Bar Council rules and procedural requirements.