Advocate
An advocate entered in any roll under the provisions of the Advocates Act, 1961 (Section 2(1)(a)). Advocates are the only class of persons entitled to practise law.
Explained
Section 2(1)(a) of the Advocates Act, 1961 defines an advocate as an advocate entered in any roll under the provisions of this Act. Enrolment, not a law degree, is what makes a person an advocate. Other statutes adopt the same meaning; for example, Section 2(b) of the Limited Liability Partnership Act, 2008 refers to this definition.
Admission is governed by Section 24, which lays down the conditions for enrolment on a State roll, including citizenship of India (with a reciprocity exception for foreign nationals), a minimum age of twenty-one and a recognised law degree. Section 16 creates two classes, senior advocates and other advocates, and an advocate may with his consent be designated senior by the Supreme Court or a High Court for ability, standing at the Bar or special knowledge or experience in law. Section 29 makes advocates the only recognised class of persons entitled to practise law, Section 30 gives an advocate on the State roll the right to practise in all courts including the Supreme Court and before tribunals and other authorities, and Section 33 bars others from practising in any court unless enrolled.
Discipline belongs to the Bar Councils. Under Section 35 a State Bar Council refers a complaint of professional or other misconduct to its disciplinary committee. In Supreme Court Bar Association v. Union of India (1998) the Supreme Court held that while punishing an advocate for contempt it cannot suspend his licence to practise, since that power vests in the Bar Councils. In R.D. Saxena v. Balram Prasad Sharma (2000) the Court held that an advocate has no lien over a client's litigation files for unpaid fees and that refusing to return them is misconduct.
In evidence, Section 132 of the BSA bars an advocate, without the client's express consent, from disclosing communications made to him in the course of his professional service. Examiners test the definition, Sections 29 and 30, professional privilege, and the Bar Council's exclusive disciplinary power.
What the law says
(a) “advocate” means an advocate entered in any roll under the provisions of this Act;
Section 2(1)(a) defines advocate
(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfils the following conditions, namely:―
(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that other country;
Persons who may be admitted on a State roll
Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.
Advocates the only class entitled to practise law
Subject to the provisions of this Act, every advocate whose name is entered in the [State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,―
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
Right of advocates to practise
[Explanation.―In this section, [section 37 and section 38], the expressions “Advocate-General” and “Advocate-General of the State” shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.]
Punishment of advocates for misconduct
(1) No advocate, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service:
Provided that nothing in this section shall protect from disclosure of—
(a) any such communication made in furtherance of any illegal purpose;
Privilege for professional communications
Earlier law: IEA 126. Professional communications.; 127. Section 126 to apply to interpreters, etc.
For the exam
- Section 2(1)(a) Advocates Act: an advocate entered in any roll under the Act.
- Two classes: senior advocates and other advocates (Section 16).
- Section 29: advocates are the only class entitled to practise law.
- Power to suspend an advocate lies with the Bar Councils: SCBA v. Union of India (1998).
- Professional communications are privileged under Section 132 BSA.
835 questions in the Law Maker question bank use this term. Practise Professional Ethics & BCI Rules questions
Judgments
- Supreme Court Bar Association v. Union of India (1998)While punishing an advocate for contempt under Articles 129 and 142, the Supreme Court cannot also suspend his licence to practise, a power vested in the Bar Councils; In Re: Vinay Chandra Mishra was overruled to that extent.
- R.D. Saxena v. Balram Prasad Sharma (2000)An advocate has no lien over a client's litigation files for unpaid fees; refusing to return the files on demand is misconduct under Section 35 of the Advocates Act, though the punishment here was reduced to a reprimand.
Related terms
- Legal practitionerUnder Section 2(1)(i) of the Advocates Act, 1961, an advocate or vakil of any High Court, a pleader, mukhtar or revenue agent. Article 22(1) guarantees an arrested person the right to consult and be defended by one of his choice.
- PleaderUnder Section 2(15) of the CPC, any person entitled to appear and plead for another in Court, including an advocate, a vakil and an attorney of a High Court.
- Government PleaderUnder Section 2(7) of the CPC, any officer appointed by the State Government to perform the functions the Code imposes on the Government Pleader, and any pleader acting under his directions.
- Criminal contemptPublication or act that scandalises or lowers the authority of a court, interferes with a judicial proceeding, or obstructs the administration of justice. Section 2(c), Contempt of Courts Act, 1971.
- Civil contemptWilful disobedience to any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. Section 2(b) of the Contempt of Courts Act, 1971.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.