Advocates Act and the Bar Council Of India

The Advocate Acts defines the legal provisions relating to the legal practitioners and also provides the provisions for the constitution of the Bar Councils and an All-India Bar. So basically, the said Act provides the procedure for registration in state-level bar councils and what kind of qualifications a person may require for registration to practice in a field of law. The supreme body is the Bar Council of India, which is the nodal agency that provides strict rules and regulations for registration. It also provides what kind of standard should be maintained by a law institution. Advocates Act, 1961 is the updated version of the Indian Bar Council Act, 1926, or we can say that the said act, i.e., Advocates Act, 1961 is replaced the Indian Bar Councils Act.

An act is passed by the parliament of India with the objective or motive to providing the laws relating to the legal practitioner. Under the power mentioned in the act, the bar council of India made certain rules can be termed as Bar Council of India rules which provides what kind of rules are there for practice or mandatory provisions for legal education and also emphasizing more on the part of professional misconduct. The Bar Council Of India is to be understood as a statutory body that regulates and represents the Indian bar association. Bar Council of India is constituted by Parliament under the Advocates Act, 1961.

Basically Bar Council of India is a governing body for all the legal practitioners in the country that is why it has a very vital role to play as it provides the standards of professional conduct, what kind of etiquette a legal practitioner may have and also exercises disciplinary jurisdiction over the bar. Along with that, the Bar Council of India also sets standards for legal education with the help of universities and colleges and grants recognition to Universities whose degree in law will serve as a qualification for candidates to enrol themselves as an advocate.

The objective of the Act is to integrate and constitute one class of legal practitioners called ‘Advocates’

Secondly, it is aimed at prescribing a uniform qualification for the Bar. It also aimed at creating an All India Bar Council and State Bar Councils.

The main aim and feature of the act is to define an advocate and who can become one

Before this Act, there were different classes of legal practitioners under the Legal Practitioners Act. They were Advocates, lawyers, vakils, etc. the Advocates Act has abolished these classes and has recognized only one class of Advocates. They are classified as “Senior Advocates” and “other advocates” on merit basis. The status of a Senior Advocate is granted by the High Court or the Supreme Court with consent of the advocate.

Only an advocate who is enrolled in the “Common roll” is entitled to practice in the Supreme Court or in any court, tribunal and in any other body where an advocate can practice according to the Act of 1961

Admission and enrolment

(a) citizen of India – foreign nationals may be enrolled if that country allows Indian nationals 

(b) completed age of 21 years

(c) obtained a degree of law from a University recognised by Bar Council of India

(d) omitted by 1973 amendment

(e) other such conditions specified in rules by State Bar Council

(f) paid stamp duty and enrolment fee 

                                                                                                                                                           2.

Disqualification

(a) convicted of an offence involving moral turpitude; 

(b) convicted under Untouchability (Offences) Act, 1955; 

(c) dismissed or removed from employment or office or any charge involving moral turpitude 

Provided: disqualification to cease to have effect after 2 years after release, dismissal or removal.

Main features of the Advocate Act

(a) The establishment of an All India Bar Council and a common roll of advocates, and advocate on the common roll having a right to practice in any part of the country and in any Court, including the Supreme Court;

(b) The integration of the bar into a single class of legal practitioners know as advocates;

(c) The prescription of a uniform qualification for the admission of persons to be advocates;

(d) The division of advocates into senior advocates and other advocates based on merit;

(e)The creation of autonomous Bar Councils, one for the whole of India and on for each State.

Main features of the Bar Council Of India

(a) To understand the process of the advocate act and the definition of advocate under its restrictions

(b) to lay down standards of professional conduct and etiquette for advocates;

(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;

(d) to safeguard the rights, privileges and interests of advocates;

(e) to promote and support law reform;

(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;

(g) to exercise general supervision and control over State Bar Councils;

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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