The Advocates Act, 1961 is a legislation enacted by the Parliament of India to regulate the legal profession in India and to provide for the constitution of the Bar Councils and an All India Bar. The Act came into force on September 19, 1961 and has since then been amended several times.
The Act defines an "advocate" as a person entitled to practice the profession of law in any court or tribunal in India. The Act provides for the recognition of certain qualifications for the purpose of enrollment as an advocate, and lays down the procedure for enrollment.
The Act establishes the Bar Council of India, which is the highest governing body for the legal profession in India. The Bar Council of India is responsible for the regulation of the legal profession, including the maintenance of standards of professional conduct and etiquette, the regulation of legal education, and the recognition of foreign qualifications. The Bar Council of India also has the power to disciplinary proceedings against advocates for professional misconduct.
The Act also provides for the establishment of State Bar Councils, which are responsible for the regulation of the legal profession within their respective states. Each State Bar Council has the power to enroll advocates and to hold disciplinary proceedings against advocates practicing within their jurisdiction.
The Act grants certain privileges to advocates, including the right to appear and plead in any court or tribunal in India, and the right to charge fees for their professional services. The Act also provides for the protection of the title "Advocate" and the use of the abbreviation "Adv."
In summary, the Advocates Act, 1961 is an important piece of legislation that regulates the legal profession in India and establishes the Bar Councils and All India Bar, which are responsible for the regulation and oversight of the profession. It also grants certain privileges to advocates and protects the title and abbreviation used by practitioners of the legal profession.
THE ADVOCATES ACT, 1961
According to them, the language is vague enough to encompass within its sweep legitimate criticism as well, thus violating the Doctrine of Overbreadth. Since people seek for the lawyers thinking that they might get justice through their advocacy skill. Reprimanding the Advocate or Removing the Advocate from practice for such period as may deem fit to the State Bar Council are some other steps that the Bar Council may take. The name, Date of Birth, Permanent address, details about his education, the place where he is interested to practice etc. The State Bar Councils shall elect a Chairman and Vice-Chairman as prescribed by the Act. It said that although parliament or state legislature has the power to make law in contempt of court, such legislation cannot denude, abrogate or nullify the power of the supreme court to punish under article 129 or vest that power in some other court.
Even a minor offense could be termed as an offense involving moral turpitude in the context of an advocate who is expected to be aware of the legal position and the conduct expected from him as a citizen is higher than others. They are subject to the seniority basis. It is to regulate and represent the Indian bar. Section 43 Cost of proceedings before a disciplinary committee The disciplinary committee of a Bar Council makes orders related to the cost of any proceedings as it may find suitable. The high court held that there is a legal distinction between a right of an advocate to practice law, guaranteed by sections 29 and 30 of the Advocates Act, and the right to appear and address a court of law or tribunal. Section 129 of the Indian evidence Act 1872 also provides that no person can threaten an advocate to disclose the communication done between him and his client.
A member of a Bar Council is deemed to have vacated his office if declared so by the Bar. For them, it is rooted in colonial assumption and objects and has no place in a democracy. This project, although prepared by me, is a culmination of efforts of a lot of people. Under the Advocates, what are the relevant provisions? The right to be heard comes first and foremost. This act only gives the advocate, the right to practise in the courts. Section 54 Term of office of members of first State Bar Councils The term of office of the elected members of a State Bar Council constituted for the first time, shall be two years from the date of the first meeting of the Council.
The Law Commission was assigned the job of preparing a report on the Reform of Judicial Administration. The Indian parliament passes an act with the purpose or motive of establishing laws governing legal practitioners. If before 1stSeptember 1963, there is any pending proceeding in respect of any disciplinary matter in relation to an existing pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any State roll under the Act, such proceeding shall be transferred to the State Bar Council on the roll on which he has been enrolled. How does an advocate become eligible to enrol as an advocate? The Act penalizes a person practicing before a Court who actually not legally bound to practice. A State Bar Council or a High Court performing the functions of a State Bar Council may enroll any person to be an advocate on a State roll if he is qualified to be so enrolled.
According to it, when the State Bar Council of India receives a complaint about professional misconduct, it shall transfer the disciplinary committee of the concerned state bar council. The Indian legal profession experienced a lot of changes as a result. The fundamental highlight of the Act is conferring Bar Council of India as the highest legalized authority to control the legal vocation. Duty related to the confidential communication If a client made any confidential communication with his advocate then it is the duty of the advocate to maintain the confidentiality of that communication between him and his client. Section 25 Authority to whom applications for enrolment may be made An application has to be submitted to the concerned State Bar Council in whose jurisdiction the advocate is willing to practice.
How are the disputes regarding seniority of the members solved? Under the provisions of the legislation, the Bar Council may frame rules relating to election of members, filling up of vacancies, authority and obligations of Chairman and Vice Chairman, legal aid camps, allocation of funds etc. Bar Council of India may receive donations, grants, gifts, or beneficiaries and these shall be credited to appropriate funds. Any change in the place of permanent residence of such person shall be notified to the concerned State Bar Council within 90 days. Every such appeal shall be heard by the disciplinary committee of Bar Council of India. The Bar Council of India is the supreme body that sets the rules and regulations for registration. Additionally, the Disciplinary Committee may make such orders for Review within 60 days of the passing of such fresh order. The bar council of India has defined the dress code for an advocate to represent the case before the court of law.
Not everyone can practice in the Court. A writ of certiorari is also sought for quashing notifications whereby 15 advocates have been designated as senior advocates by the High Court of Karnataka. They will be selected on the basis of the possession of their qualifications as prescribed. Right to Pre -audience Section 23 of the advocate Act 1961 deals with the It is the right of being heard before another is heard. Those admitted as advocates by any State Bar Council are eligible for a Certificate of Enrolment. It also specifies what kind of quality a legal institution can uphold.
The application for enrollment shall be forwarded to Enrollment Committee which shall organize the application considering the opinion of Bar Council of India. Its goal was to establish the legality and utility of the legal profession across the whole of India. Section 39 Application of section 5 and 12 of Limitations Act, 1963 Section 5 and 12 of Limitations Act, 1963 applies to appeals under section 37 and 38. You can follow us on Instagramand Legal Study Material. . In case of State rolls, the state Bar Council is empowered to decide on the seniority of the members. The Bar Council of India being an autonomous body can appear as a member of various international organizations such as the International Bar Organisation.
The Act has a total of 60 sections split into 7 chapters. Chapter 2 Part V of the Bar Council of India rules provides the code of ethics which is to be followed by advocates. The Act amends and unifies the law relating to legal practitioners, according to the preamble of this Act. However, it is notable that in earlier days of the British period the legal profession was not paid due attention and it was not well organized. Section 59 Removal of difficulties If any issues arise in bringing in effect the enactments that are repealed and other provisions of this Act, the Central government may publish it in the official gazette, so as to remove that difficulty.
Thus power to contempt resides in the Supreme Court and High courts because they are deemed as a court of record by the constitution. The rules hereafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall be constructed as denial of the existence of other equally imperative though not specifically mentioned. This act helps a lawyer to become a successful lawyer. An Advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practice, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practice as an advocate so long as he continues in such employment. No private communication with the judge An advocate should not communicate with a judge related to the case which is still pending in the court because it is unethical to practice. Thus, what happens is that whenever an Advocate does such Act which invites disciplinary proceeding against him, such incident on being reported to the State Bar Council is directed towards the Disciplinary Committee.
