By Nipun Saxena
How to register for the Delhi Bar Council? The Delhi Bar Council Registration is slightly tricky, and help is at hand!
This write up comes at this crucial time when those of you have graduated, or have procured provisional certificates or degrees (depending upon the choice of nomenclature that your college wishes to keep) are now ready to take up the robes and practice law in a court, or are merely complying with the necessary formalities, because the law firms want you to get enrolled in the bar.
So how do we start from here? (The official Bar Council of Delhi link is HERE)
I have divided this piece into different segments to enable you to register quickly so that you are able to take the All India Bar Examinations scheduled to be held on the 27th of July 2014.
Before I do so, one has to take a call on where one wishes to register as a member of the Bar.
Depending upon the requirements, and the documents that are required to be furnished, Delhi State Bar Council tops the chart.
There is no uniformity within different Bar Councils with respect to the procedure of enrolment, the necessary formalities that are required or any other procedures.
For instance those intending to register with the Tamil Nadu Bar Council, have to undergo necessary police verifications, which is not the case in Delhi or Maharashtra Bar Council.
In other Bar Councils, an oath is administered by a Judge, before the person is finally enrolled as an advocate. This post is therefore specifically for the purposes of registration with the Delhi Bar Council.
1. Prerequisites and documents required for the Delhi Bar Council Registration:
Please have the following documents ready and attested by self and by any Government Officer who is a Class II (or higher) gazette servant of the Government who will sign with the date and write “ATTESTED” bearing the seal of the Government department.
If you do not know a person in the Govt. Department then get it notarized by a public notary, before you go to the Office of the Bar Council of Delhi, situated at 2/6 Siri Fort Institutional Area.
Also, the nearest metro station is Green Park.
N.B.: ALL THESE DOCUMENTS ARE TO BE ATTESTED AS WELL AS SELF ATTESTED BY YOU.
1. In case you are a pass – out and have already received your degree, but haven’t enrolled as an advocate, please bring your degree. In such a case you may also be required to furnish an additional affidavit stating your reasons for the gap between the date on which degree was awarded and the date on which you are enrolling.
2. In case you are not a pass – out and do not have your degree, then you need to get a provisional certificate/provisional degree which states that you have cleared all the examinations and are now fit to take the examinations and a copy of the Marksheet which is given by the University/ College proving that you have cleared the subjects.
The Provisional Degree in its original will be retained by the office whilst processing your application. So it is advisable to get all these documents scanned before you submit them for your Delhi Bar Council registration process.
3. In either case, whether you are a pass out or not, please do procure a certificate of declaration from your college/ university stating that you have met the minimum attendance requirement of 66% mandated by the Bar Council in every semester/ year (depending on whether it is a 3 year or a 5 year programme) bearing the sign and the seal of the Principal/Registrar on the University/ College Letter Head.
4. Proof of Residence. Now for those students who are not residents of Delhi, but staying in colleges which are in Delhi, are supposed to carry a bona fide certificate of residence signed by the Administrative Head (Registrar/ HOD/ Principal) along with the student college ID Card.
In some cases, candidates are advised to furnish an affidavit stating his present residential address. In either case, please be ready with what documents you are required to furnish.
5. Marksheets of Class 10th as well as Class 12th which have to be filed in duplicate. Now it doesn’t matter whether you have the pass certificate or not, or a transfer certificate. What matters is your mark sheet and as long as you have it, everything is going to be a cake walk.
6. A minimum of 6 Photographs which are standard passport sized photographs and are to be taken in a black coat, white shirt, black tie (standard lawyer attire). Three of these photographs will later be required to be attested by a lawyer.
7. There is a previous year form (w.r.t Delhi Bar Council Registration) already available on the internet. It contains the format of an affidavit which you will be required to fill, and attach along with the form which you can copy and paste. It is better to get this affidavit prepared before you get the form as it will save you a lot of time.
You now need an affidavit which is to be notarized, giving declaration about your “intended place of practice” which has to be in Delhi.
The contents of the affidavit and proforma are mentioned on the penultimate page of the form that you get from the BCD.
Also this affidavit has to be made on Rs 10 Non Judicial Stamp Paper.
2. Procuring and filling the Form
Armed with all these documents, you can now go to the office of the Bar Council of Delhi (mentioned above) and get a bank challan (or receipt) which you are required to fill out, and pay an amount of Rs. 1000 for buying the form.
Now this duly filled Challan has to be submitted at the IDBI Bank Branch which is in the building adjacent to the Bar Council’s Office.
There is one counter specifically dedicated to candidates wishing to register at the Bar, and so there won’t be a queue. Now take the receipt and submit it to the office, who will then give you the form.
The best time to do is in the early hours at around 10:00 – 11:00 when the office is relatively free as you will have the entire day to complete other necessary formalities.
Importantly, some of you who would have searched on the internet must have found a copy of the form for the previous year. DO NOT fill that form and bring to the bar council office. It has to be bought. Period. I have seen many applications getting summarily rejected because of this.
Now the form will ask you to fill in all the necessary particulars. From point Number 14 to 22, there are a series of declarations that are to be made by the candidate.
Some of these are whether any criminal proceedings have been initiated against you, or whether you are an insolvent. Most of these answers are NO.
However, you are required to sign on the right side of the page, against every such point from 14 to 22. Write NO, or N.A. (Not Applicable) against any condition that you do not meet. Or provide necessary particulars in case you do meet the conditions.
Now if you are a graduate, you need to mention the particulars of the degree. For those who only have provisional degree, please fill all the necessary details under the heading: Non Graduate Students giving complete description of the degree, and the medium of instruction.
You will also find an empty photograph slot on the second page as well as certain declarations that are to be made by an Advocate on the 6th and 7th page of your form. This is the most crucial part as many candidates going for the Delhi Bar Council registration often make mistakes here.You need to get these declaration formats filled by 2 advocates who are enrolled with the Delhi Bar Council and have practiced for minimum 10 years.
Sometimes I have seen applicants being asked to get these declarations signed all over again because an advocate who signed the document was not an advocate enrolled in the Delhi State Bar Council.
What is important for you is to get two things: The Enrolment Number of the Advocate and the Date on which the Advocate enrolled in the Bar. One of these advocates will also then sign on your photograph which is to be affixed on the second page.
The signature has to be partially on the photograph and partially on the paper. Also ask the advocate to sign on the back side of the other three photographs.
Please do carry a fevi stick with you for affixing your photos. After filling the forms, you will have to arrange your documents in the order which is specified on the last page of the form.
The order is:
1. Your Provisional Degree/ Copy of your degree
2. Your Mark Sheet in the College (For those candidates who do not have their degrees yet)
3. Statement of Marks in your Class Xth and XIIth (2 Copies each)
4. Proof of Residence
5. Affidavit depicting Intended Place of Practice
6. Photographs to be kept in an envelope
3. Making Payment for the Delhi Bar Council Registration:
Although the Forms may prescribe making a Demand Draft but the easiest way to do is to make payment in cash at the IDBI Bank Branch itself. This is speedier and much more effective, given the time constraints that most of you will be operating under.
Now there are two schemes for the Delhi Bar Council registration. The Normal Scheme under which the Committee will sit once in 15 days (or even more depending upon their availability) and then screen your application, conduct an interview and then award you the certificate.
Or the Tatkal Scheme (also called scheme under circulation) under which you will be given the file, and will be asked to run around (often accompanied by a clerk from the DBC) in which case, you are required to individually get all the signatures done from the Members of the Enrollment Committee.
The cumulative payment comes out to around Rupees 12, 800 for the entire process for which you will get a separate challan for paying the registration amount of the form for enrolment which you have to deposit in the bank.
The cumulative cost is 700+ 250 + 8000 + 3000 = 11,950 (exclusive of the cost of form). You will get separate bank challans in triplicates and are required to make payment at the IDBI after duly filling them.
Once you get the receipt, you are then required to submit it at the counter, where all your documents will be verified. At this stage it is very important for you to carry all the ORIGINAL DOCUMENTS of the copies which you are annexing.
Once every document has been reviewed, and found to be in complete order, you will be asked to run to the next step, and your file will be handed over to you.
4. Running Around and Getting your Intimation Letter:
This is perhaps the most crucial phase. You will be asked to get authorization signatures on your file by the members of the Enrolment Committee.
I am not sure whether their names and addresses are to be divulged on public forum, but you will get all the necessary information at the Bar Council Office.
The best bet is to start off early in the morning where you submit all your forms and then run over to the court complex or chambers of these members who would then endorse your application.
You have to come back to the office before it closes at 5:30 PM so that your intimation letter could be prepared by the next day.
Once you have done so, your job is complete and you can now ask them to give you an intimation letter which will bear your enrolment ID.
This enrolment ID and the Intimation Letter (which is awarded in lieu of your Certificate of Enrolment) is very important for the purposes of AIBE, which you are supposed to scan and upload during the AIBE Registration process.
Once you have your intimation letter, or if you are lucky, your certificates, then you are officially registered as an Advocate on the Records of the Bar Council of Delhi.
Before taking possession of your intimation letter, please see if the date of enrolment, your enrolment ID, your name and every single detail including the signatures of the Chairperson are in perfect order, or you will have to waste another day running around and getting it amended.
Important Pointers for the Delhi Bar Council Registration:
1. You can enroll at anytime, before or after the registration for the AIBE is completed on 25th June. However, it is advisable to go under the Tatkal Scheme as you will be in possession of your file, and considering there are high chances of the date of examination being shifted to a later date. (From past precedents).
2. If you are not enrolling this year, please DO NOT purchase the form this year. Get a new form the next time you decide to enroll yourself. However my advice would be to get enrolled as it still counts in terms of your seniority in Bar.
3. PLEASE DO NOT make Circulation Payment even before you get your form. Please go step by step. First pay to get the form, then pay for the normal fees, and then tell the people that you want your file to be processed by Circulation (for which you will be asked to pay an additional sum of Rs. 3000).
4. It always helps to keep additional photographs.
Hope this write-up helped you with your Delhi Bar Council registration process. All the very best of luck fellow advocates and hope to see you in robes soon.
In case you have any questions on this, please leave a comment below. We’ll request Nipun to answer them for you!
Nipun Saxena is a graduate of the National Law University, Delhi.