Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 28 of the Advocates Act, 1961: Power to Make Rules
Section 28 of the Advocates Act, 1961 empowers a State Bar Council to make rules for carrying out the purposes of Chapter III, which deals with admission and enrolment of advocates. The section specifically covers enrolment forms, procedure, admission conditions and payment of enrolment fees by instalments.
In brief: A State Bar Council may frame enrolment rules, but those rules do not take effect unless approved by the Bar Council of India. The rule-making power must also remain within the Advocates Act and cannot override statutory conditions fixed by Parliament.
Text and structure of Section 28
Section 28 - Power to make rules
(1) A State Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for:
(a) the time within which and form in which an advocate shall express the advocate's intention for entry of the advocate's name in the roll of a State Bar Council under Section 20;
(b) omitted by Act 60 of 1973;
(c) the form in which an application shall be made to the Bar Council for admission as an advocate on its roll and the manner in which the application shall be disposed of by the Enrolment Committee of the Bar Council;
(d) the conditions subject to which a person may be admitted as an advocate on any such roll;
(e) the instalments in which the enrolment fee may be paid.
(3) No rules made under this Chapter shall have effect unless they have been approved by the Bar Council of India.
Meaning and explanation of Section 28
1. General Chapter III rule-making power
Section 28(1) gives a State Bar Council a general power to make rules for carrying out Chapter III of the Advocates Act. Chapter III covers admission and enrolment matters, including State rolls, eligibility, disqualification, filing of applications, disposal of applications and related procedures.
2. The list in Section 28(2) is illustrative, not exhaustive
The words "in particular, and without prejudice to the generality of the foregoing power" mean that clauses (a) to (e) identify important subjects but do not exhaust the rule-making power under sub-section (1). Any rule must nevertheless remain connected with Chapter III and within the limits of the Advocates Act.
3. Rules may prescribe enrolment forms and procedure
Clause (c) authorizes rules on the form of an enrolment application and the manner in which the State Bar Council's Enrolment Committee disposes of it. This directly supplements Section 25 and Section 26.
4. Rules may prescribe additional enrolment conditions
Clause (d) permits rules on conditions subject to which a person may be admitted as an advocate. These conditions operate alongside Section 24 and must remain consistent with the parent Act.
5. Rules may permit enrolment-fee instalments
Clause (e) authorizes rules dealing with the instalments in which the statutory enrolment fee may be paid. It does not itself authorize a State Bar Council to increase the enrolment fee fixed by Section 24(1)(f).
Current Supreme Court position on enrolment charges
In Gaurav Kumar v. Union of India, 2024 INSC 558, decided on 30 July 2024, the Supreme Court held that State Bar Councils and the Bar Council of India cannot demand enrolment fees beyond the amounts fixed in Section 24(1)(f), and cannot make miscellaneous fees or charges a pre-condition for enrolment.
This is important when reading Section 28: delegated rule-making under clauses (d) or (e) cannot override the statutory fee structure or create a financial pre-condition contrary to the Advocates Act.
BCI approval is mandatory
Section 28(3) expressly states that rules made under Chapter III do not have effect unless approved by the Bar Council of India. Approval is therefore a statutory condition for effectiveness, not merely an administrative formality.
Section 28 subjects at a glance
| Clause | Subject of State Bar Council rules |
|---|---|
| (a) | Historical Section 20 intimation procedure |
| (b) | Omitted |
| (c) | Enrolment application form and Enrolment Committee disposal procedure |
| (d) | Conditions for admission on the State roll |
| (e) | Instalments for payment of the statutory enrolment fee |
| Sub-section (3) | BCI approval required before Chapter III rules take effect |
How Section 28 fits into the enrolment framework
- Section 20 contains the historical transitional provision referred to in Section 28(2)(a).
- Section 24 sets the principal statutory qualifications and enrolment fees.
- Section 24A contains statutory disqualifications for enrolment.
- Section 25 identifies the State Bar Council to which the application is made.
- Section 26 governs disposal of enrolment applications.
- Section 27 restricts fresh applications after refusal.
Official legal sources
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
The Supreme Court decision on enrolment fees may be checked through the official Supreme Court reports and judgment database: Supreme Court of India - Gaurav Kumar v. Union of India, 2024 INSC 558.
Legal note: Section 28 is a delegated rule-making provision. State Bar Council rules must remain within Chapter III, must be consistent with the Advocates Act and binding judicial decisions, and do not take effect without Bar Council of India approval.