From the analysis of various cases and certain facts and circumstances, it will be clear that unlike any other profession, advocacy is regarded as a noble profession and professional ethics must be maintained before any other ways of the code of conduct and professional behavior. The legal profession had so far no organization of its own to regulate admission to the profession and to maintain a high level of professional conduct. Section 37 in THE ADVOCATES ACT, 1961. After Independence it was deeply felt that the Judicial Administration in India should be changed according to the needs of the time. A lawyer is “a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law.” [2] In India, the term “lawyer” is often colloquially used, but the official term is “advocate” as prescribed under the Advocates Act, 1961, India has the world’s second largest legal profession with more than 600,000 lawyers. The judgment turned out to be a landmark in the cases concerning professional misconduct as it delivered an effective judgment by not curtailing the future of the accused person. Section 49 : General power of the Bar Council of India to make rules. To give effect to the recommendations of the Chamier Committee to some extent, the Central Legislature enacted the Indian Bar Councils Act, I926. The right to practice thus conferred by these provisions included the right to plead as well as to act in the courts. Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! It repealed the Indian Bar Councils Act, 1926, the Legal Practitioners Act, 1879, and other laws on the subject. The Act has undergone several amendments since its enactment in 1961. [15] It is an autonomous body. Degree of the Calcutta University. For each of the States of Andhra Pradesh, Bihar, Gujarat, (Note:- Ins. The Regulation thus laid emphasis on the useful role which a sound legal profession can play in the administration of justice. Essays on Advocates Act 1961 Salient Features. The Regulating Act, 1773, empowered the Supreme Court to frame rules of procedure as it thought necessary for the administration of justice and due execution of its powers. Without a well-organized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favors or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. The Advocate-General of the State is its ex-officio member, and there are 15 to 25 elected Advocates. The Bill that brought the act into existence sought to implement the recommendations of the All India Bar Committee made in 1953, after taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendations were related to the Bar and to legal education. Although only Advocates have the liberty to practice/carry on litigation in Courts, there is a provision under the Act which gives the Court power to … The Bar Council should have power to enquire into matters calling for disciplinary action against a lawyer; but that the existing discipli­nary jurisdiction of the High Court should be maintained. Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, directs that proceedings be filed; Suspend the advocate from practice for such a period as it deems fit; Remove the name of an advocate from the state roll of advocates. No change was effected in this position when a fresh Charter was issued in 1753. The expression “Attorneys” then meant only the British Attorneys or Solicitors. Most of the firms are involved in the issues of domestic law and majority work under country’s adversarial litigation system. Advocates for misconduct, Disciplinary Powers of Bar Council of India, Appeal to Bar Council of India, Appeal to the Supreme Court . Thus, the establishment of the Supreme Court brought recognition, wealth and prestige to the legal profession. The Advocates Act 1961 is applicable in the State of Jammu and Kashmir. 3. Therefore, a curative, not cruel punishment has to be delivered in the social setting of the legal profession”. Courts have dealt with various cases of professional misconduct wherein attempt of murder by the advocate towards his client were also reported. The Bar Council was authorized, with the previous sanction of the High Court, to make rules to regulate the admission of persons as Advocates of the High Court. The Act repealed the Pleaders, Mukhtars and Revenue Agents Act, 1865. VAT Registration No: 842417633. BIBLIOGRAPHY 3 4 7 14 15 2 ACKNOWLEDGEMENT Any project completed or done in isolation is unthinkable. Stay connected to all updated on Advocates Act 1961 The Committee proposed that a Bar Council should have power to make rules subject to the approval of the High Court concerned in respect of such matters as inter alia: (a) the qualifications, admission, and certificates of proper persons to be Advocates of the High Court; (b) legal education;(c) masters relating to discipline and professional conduct of Advocates etc., (d) the terms on which Advocates of another High Court could appear occasionally in the High Court to which the Bar Council is attached; (e) any other matter prescribed by the High Court. Legal practice in India is governed by the Advocates Act 1961; an act passed by the Indian Parliament which provides for laws relating to legal practitioners in India and to provide for the constitution of the Bar Council of India (BCI) and state bar councils. Only persons of Hindu or Muhammadan persuasion were eligible for appointment as pleaders. The Preamble of the Act provides for the establishment of Bar Councils at state level and All India Bar Council. Advocates, Solicitors (Attorneys), and Vakils of the High Court: Pleaders, mukhtars and-revenue agents in the lower courts. In Jyoti Gupta Vs. Registrar General, High Court of M.P. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows- The Act extends to the whole of India. It has one member elected to it by each State Bar Council from amongst its members. The laws governing Advocates is the Advocates Act, 1961 was given by the Ashok Kumar Sen, the then priest of India. There are many other landmark judgments regarding the cases involving professional misconduct of the advocates. Central Government Act. The First Law Commission examined and made a Report on Reforms of Judicial Administration. Appeal to the Bar Council of India.— Any person aggrieved by an order of the disciplinary committee of a State Bar Council made 1[under section 35] 2[or the Advocate General of the State] may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India. Presumably, it was left to these courts to regulate this matter by rules of practice which these courts were authorized to frame [6] . Retrieved on: http://www.legalserviceindia.com/articles/sc_t.htm, [7] V.C. Contempt of court may be defined as an offense of being disobedient or disrespectful towards the court or its officers in the form of certain behaviors that defies authority, justice, and dignity of the court. The Bar Council of India regulates the content, syllabi, duration of the law degree. Thus, religious test was abolished for enrolment as a Pleader. The legal profession’s position in the country was not always the way it is today. The Act, XVIII of 1879, was enacted to consolidate and amend the law relating to legal practitioners in the mofussil [10] . This continued to be the position all through the existence of these Courts. The Charter prohibited any other person whatsoever to appear and plead or act, it would appear that the Calcutta Supreme Court was, from its very inception, a completely exclusive preserve for members of the British legal profession, namely, the British Barristers, Advocates and Attorneys. Every advocate whose name is entered on the state rolls has the statutory right to practice throughout the territories to which the Advocates Act 1961 extends. Advocates Act, 1961 governs the legal profession in India. Another video on Indian legal history. But immediately such Bar Councils were to be established for a few and not all High Courts. View examples of our professional work here. Forcing the prosecution witness not to say the truth. The Advocates Act, 1961 is a law go by the Parliament and is controlled and implemented by the Bar Council of … In February, 1921, a resolution put forth in the Legislative Assembly recommending legislation with a view to create an Indian Bar, so as to remove all distinctions enforced by statute or by practice between Barristers and Vakils.” In response to the pressures thus generated, the Government of India in 1923 appointed the Indian Bar Committee, popularly known as the Chamier Committee under the Chairmanship of Sir Edward Chamier, a retired Chief Justice of the Patna High Court. The Indian legal practitioner had no entry in this Court. The Regulation was enacted with a view to strengthen the legal profession in the best interests of the litigant public, the members of the bar serving as trustees of their clients and thus helping in the sound administration of justice. The history of legal profession in India is therefore a history of struggle: for recognition, characterized by prestige, power and income. In order to implement the recommendations of All India Bar Committee (endorsed by fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. Advocates Act, 1961 app presented in a user friendly design with excellent user experience. Free resources to assist you with your legal studies! This Act is regarded as the “first charter of the legal profession” although it left unsolved the impor­tant question of the right of Vakils to practice in the Supreme Courts [9] . Since the passing of the Legal Practitioners Act, 1879, enormous changes had taken place in the conditions of the legal profession. He could not demand or accept any fee, goods, effects or valuable consideration from his clients over and above the sanctioned fees. 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