Legal Predecessors Of The Advocates Act Law Essay

India has the universe ‘s 2nd largest legal profession with more than 600,000 attorneies. The prevailing service suppliers are single attorneies, little or household based houses. Most of the houses are involved in the issues of domestic jurisprudence and bulk work under state ‘s adversarial judicial proceeding system. The construct of legal services as a ‘noble profession ‘ instead than services resulted in preparation of stringent and restrictive regulative machinery. These ordinances have been justified on the evidences of public policy and ‘dignity of profession ‘ . The bench has reinforced these rules: Law is non a trade, non Jockey shortss, non ware, and so the Eden of commercial competition should non popularize the legal profession[ 3 ]. However, over the old ages tribunals have recognized ‘Legal Service ‘ as a ‘service ‘ rendered to the consumers and have held that attorneies are accountable to the clients in the instances of lack of services.[ 4 ]

The Legal Profession is an of import limb of the machinery for disposal of justness. Without a well-organized profession of jurisprudence, the tribunals would non be in a place to administrate justness efficaciously as the grounds in favours or against the parties to a suit can non be decently marshaled, facts can non be decently articulated and the best legal statements in support or against the instance of the parties can non be put forth before the tribunal. “ A well-organized system of judicial disposal postulates a decently equipped and efficient saloon ; ”[ 5 ]and a good regulated profession for pleading causes is a great desideratum to chant up the quality of justness.

The legal profession ‘s place in the state was non ever the manner it is today. The history of legal profession in India is hence a history of battle: for acknowledgment, characterized by prestigiousness, power and income. The professional standing of the advocators of our state evolved and grew till it eventually manifested itself in the Advocates Act of 1961. This undertaking traces this really development.

The Indian Bar Councils Act, 1926 was passed to unite the assorted classs of legal pattern and to supply self-determination to the Bars attached to assorted Courts.A The Act required that each High Court must represent a Bar Council. The responsibilities of the Bar Council were to make up one’s mind all affairs refering legal instruction, making for registration, subject and control of the profession. It was favorable to the advocators as it gave them authorization antecedently held by the bench to modulate the rank and subject of their profession.

The Advocates Act, 1961 was a measure to further this really initiative.A As a consequence of the Advocates Act, admittance, pattern, moralss, privileges, ordinances, subject and betterment of the profession every bit good as jurisprudence reform are now significantly in the custodies of the profession itself.

The research worker will follow the history of the legal profession in India and its present official standing. The undertaking will present the Act and its nature and operation. The research worker will so cover with the historical predecessors of the Advocates Act, 1961. The undertaking goes on to chew over over the grounds behind debut and codification of the act.

Chapter 2: Purpose AND OBJECTIVES OF THE ACT

The Bill that brought the act into being sought to implement the recommendations of the All India Bar Committee made in 1953, after taking into history the recommendations of the Law Commission on the topic of Reform of Judicial Administration in so far as the recommendations were related to the Bar and to legal instruction.

The Bill chiefly focused on the undermentioned facets:

The constitution of an All India Bar Council and a common axial rotation of advocators, and giving the advocators on the common axial rotation a right to pattern in any portion of the state and in any Court, including the Supreme Court ;

The integrating of the saloon into a individual category of legal practicians know as advocators ;

The prescription of a unvarying making for the admittance of individuals to be advocators ;

The division of advocators into senior advocators and other advocators based on virtue ;

The creative activity of independent Bar Councils, one for the whole of India and one for each State.

The Bill, being a comprehensive step repealed the Indian Bar Council Act, 1926, and all other Torahs on the topic and brought into being the Advocates Act, 25 of 1961 into being.

Chapter 3: Legal PREDECESSORS TO THE ADVOCATES ACT, 1961

3.1 MAYOR ‘S Court

Prior to the constitution of the Mayor ‘s Courts in 1726 in Madras and Calcutta, there were no legal practicians in the state. In the Charter of 1726, which established the Mayor ‘s Courts at the three Presidency Towns, no specific proviso was made puting down any peculiar makings for the individuals who would be entitled to move or plead as legal practicians in these tribunals. Presumably, it was left to these tribunals to modulate this affair by regulations of pattern which these tribunals were authorized to border[ 6 ]. No alteration was effected in this place when a fresh Charter was issued in 1753.[ 7 ]The Mayor ‘s Courts, established in the three presidential term towns, were Crown Courts with right of entreaty foremost to the Governor-in-Council and a right of 2nd entreaty to the Privy Council.A No organized legal profession came into being in the Presidency Towns during the period of the Mayor ‘s Courts. Those who practiced jurisprudence were devoid of any legal preparation or any cognition of jurisprudence. They had adopted the profession in the absence of anything better to make. Quite a few of these alleged attorneies were the discharged retainers of the Company.

3.2 SUPREME COURTS

The Supreme Court of Judicature was established by a Royal Charter in 1774 at Calcutta. The Supreme Court was established as there was dissatisfaction with the failings of the Mayor ‘s Court.A It was the first concrete measure in the way of forming a legal profession. Similar Supreme Courts were established in Madras in 1801 and Bombay in 1823.A When the first barristers appeared in India after the gap of the Supreme Court on work as advocators, the lawyers gave up pleading and worked as canvassers. The two classs of legal pattern bit by bit became distinguishable and separate as they were in England.

The Regulating Act, 1773, empowered the Supreme Court to border regulations of process as it thought necessary for the disposal of justness and due executing of its powers. The charters of the Court stipulated that the Chief Justice and three Judges be English barristers of at least 5 old ages standing. The Supreme Court was empowered “ to O.K. , admit and enroll such and so many Advocates and Attorneys-at-law ” , as to the Court “ shall look meet.[ 8 ]“ “ Attorneys of Record ” were to be authorized “ to look and plead, and act for the suers ” in the Supreme Court. The Court was to hold power to take any Advocate or Attorney “ on a sensible cause. ” No other individual whatsoever, but Advocates or Attorneys so admitted and enrolled, were to “ be allowed to look and plead, or act ” in the Court “ for or on behalf of such suers ” . Thus the individuals entitled to pattern before the Supreme Court could be Advocates and Attorneys. Lawyers were non admitted without recommendation from a high functionary in England or a Judge in India.A Permission to pattern in Court could be refused even to a barrister.

The term ‘Advocate ‘ at the clip extended merely to the English and the Irish barristers and the members of the Faculty of Advocates in Scotland. The look “ Attorneys ” so meant merely the British Attorneys or Solicitors. The Charter prohibited any other individual whatsoever to look and plead or move, it would look that the Calcutta Supreme Court was, from its very origin, a wholly sole preserve for members of the British legal profession, viz. , the British Barristers, Advocates and Attorneys. The Indian legal practician had no entry in this Court. The Charter of 1774 introduced the British system of legal pattern in Calcutta.

Similar place was obtained in the two other Supreme Courts at Bombay and Madras.1 Thus, in the three Supreme Courts the lone individuals who were entitled to pattern were the British Barristers, Advocates and Attorneys. The Indians had no right to look before these Courts. This continued to be the place all through the being of these Courts. Therefore, the constitution of the Supreme Court brought acknowledgment, wealth and prestigiousness to the legal profession.

3.3 COMPANY ‘S ADALATS

In the Company ‘s adalats, the distressing province of personal businesss refering the legal profession has been diagrammatically narrated in the preamble to Bengal Regulation VII of 1793. The Vakils were by and big ignorant of the jurisprudence and were capable to torment and extortion from the ministerial officers of the tribunals. The professional Vakils charged extortionate fees.

The Regulation therefore laid accent on the utile function which a sound legal profession can play in the disposal of justness. The Regulation was enacted with a position to beef up the legal profession in the best involvements of the litigant populace, the members of the saloon helping as legal guardians of their clients and therefore assisting in the sound disposal of justness. The Regulation, created for the first clip a regular legal profession for the Company ‘s Adalats. The Regulation brought order and a step of quality to pleading and sought to estaA­blish pattern of jurisprudence as a regular profession. It empowered the Sadar Diwani Adalat to inscribe from clip to clip as many advocates as it thought necessary for all Company ‘s adalats and to repair the retaining fee for advocates and besides a graduated table of professional fee based on a per centum of the value of the belongings. He could non demand or accept any fee, goods, effects or valuable consideration from his clients over and above the canonic fees. The ultimate penalty for such a misdemeanor was dismissal of the attorney. Therefore, the theory of freedom of contract between the Vakil and his client was non recognized. The fees of, the advocates were collectible merely after the determination, and non earlier, the Court being practically the paymaster.

An interesting proviso made was that after a party was retained as a advocate, he was to put to death a Vakalatnama representing him advocate in the cause and authorising him to prosecute or support the affair and adhering himself to stay by and corroborate all Acts of the Apostless which advocate might make or set about in his behalf in the cause in the same mode as if it has been personally present and accepting. This proviso is the modern generation of the modern Vakalatnama.

An extraordinary characteristic of this Regulation was that merely Hindus and Muslims could be enrolled as advocates. Persons for the intent were to be selected “ from amongst the pupils of the Mohammedan College at Calcutta and the Hindu College at Benaras. ” The Sadar Diwani Adalat was empowered to name other proper individuals of good character and broad instruction if sufficient figure of individuals qualified from the said colleges were non available. Vakils attached to one tribunal were non permitted to plead in any other tribunal without the countenance of the Sadar Diwani Adalat. Every advocate was required to go to the tribunal to which he was attached duly and on a regular basis. If he was unable to go to the tribunal due to any ground he had to advise it in composing to the Registrar of the tribunal. Failure to make so do him apt to a all right. The tribunals exercised several disciplinary powers over the Vakils. The tribunal could suspend a advocate if convicted of promoting litigious suits, frauds, bear downing more fee than authorized by the Regulation or gross misbehaviour.

From clip to clip several other Regulations were passed to modulate the legal profession in the Company ‘s adalats in Bengal, Bihar and Orissa. Then came a instead drawn-out and elaborate ordinance, Regulation XXVII of 1814, passed on 29 November 1814, which consolidated the jurisprudence on the topic.

The power for licensing, training and remotion of Vakils which was hitherto vested in the Sadar Adalat was now conferred by the Regulation on the Provincial Courts besides. The Judge was to put up some suited individual for the blessing of the Provincial Court for assignment of a Vakil. Lone individuals of Hindu or Muhammadan persuasion were eligible for assignment as advocates. Rules refering fees, pattern, authorities advocates and malpractice were well more elaborate than earlier. Preference for registration as Vakils was to be given to campaigners educated in any of the Muhammadan or Hindu Colleges established or supA­ported by the Government provided that such campaigners were in other respects punctually qualified for the place. Vakils were to subscribe to several understandings as required by the Regulations, v/z. , non to have less than the prescribed rates of fees1 ; non to plead in other tribunals than to which attached. The disciplinary powers over the Vakils were re-enacted in well the same signifier as in the 1793 Regulation. The power of disregarding Vakils was vested in the Sadar Diwani Adalat every bit good as the Provincial Court, and a metropolis tribunal could suspend a Vakil. Even the professional work of the Vakils came under the examination of the tribunals.

Similar commissariats came to be made in class of clip in the States of Madras and Bombay.

3.4 THE LEGAL PRACTITIONERS ACT, 1846

It was the first All-India jurisprudence refering the advocates in the mofussil, made several of import innovaA­tions, viz. : ( 1 ) The office of the advocate in the tribunals of the Company was thrown unfastened to all individuals of whatever state or faith, provided he was punctually certified ( in such mode as directed by the Sadar Courts ) to be of good character and duly qualified for the office. Thus, spiritual trial was abolished for registration as a Pleader. ( 2 ) Every Barrister enrolled in any of Her Majesty ‘s Courts in India was made eligible to plead in the Sadar Adalats subject to the regulations of those Courts applicable to advocates as respects linguistic communication or any other affair. ( 3 ) Vakils were allowed freedom to come in into understanding with their clients for their fees for professional services. This Act is regarded as the “ first charter of the legal profession ” although it left unsolved the imporA­tant inquiry of the right of Vakils to pattern in the Supreme Courts[ 9 ].

3.5 THE LEGAL PRACTITIONERS ACT, 1879

The Act, XVIII of 1879, was enacted to consolidate and amend the jurisprudence associating to legal practicians in the mofussil[ 10 ]. The Act repealed the Pleaders, Mukhtars and Revenue Agents Act, 1865. At this clip, there were six classs of practicians working in India. Advocates, Solicitors ( Attorneys ) , and Vakils of the High Court: Advocates, mukhtars and-revenue agents in the lower tribunals. The High Courts laid down criterions for admittance of Vakils to pattern in the High Court ; for Zila tribunals, criterions were laid down in the Regulations which were lower for Advocates than the High Court Vakils. Thus, Vakils became a distinguishable class above the Pleader.

The Legal Practitioners Act, 1879, brought all-the six classs of legal practicians into one system under the legal power of the High Courts. The Act empowered an Advocate or a Vakils on the axial rotation of any High Court to pattern in his ain High Court, in all the tribunals subordinate at that place to, in any tribunal in British India other than a High Court on hosiery axial rotation he was non entered, or with the permission of any High Court on whose axial rotation he was non entered. The right to pattern therefore conferred by these commissariats included the right to plead every bit good as to move in the tribunals.

The High Court could disregard any Advocate or suspend him from pattern after giving him an chance of supporting himself, but such an order needed the verification of the Provincial Government.

The Calcutta High Court held that adult females were non entitled to be enrolled as Vakils or Pleaders of tribunals subsidiary to the High Court. A similar instance came before the Patna High Court. Miss Hazara secured a B.L. Degree of the Calcutta University. She was refused registration as a Advocate. She challenged this in the High Court of Patna. The Court ruled that the subdivisions of the Legal Practitioners ‘ Act referred to males and non to females. This was to be expected as since 1793 no adult female had of all time been admitted to the axial rotation of advocates.

To take uncertainties about the eligibility of adult females to be enrolled and to rehearse as legal practicians, the Legal Practitioners ( Women ) Act, XXIII of 1923, was enacted to expressly supply that no adult female would by ground merely of her sex be disqualified from being admitted or enrolled as a legal practiA­tioner or from rehearsing as such. Since this passage, adult females began acquiring enrolled as legal practicians

3.6 INDIAN BAR COMMITTEE, 1923

From the above description of the status of the legal profession in India, several things appear to stand out conspicuously. Since the yearss of the Supreme Courts, the Barristers of England had come to busy a predomiA­nant place in the legal profession. For illustration, on the Original Side of the Calcutta High Court, merely Barristers could pattern even though other High Courts had removed the differentiation between Barristers and Vakils. On the whole, Vakils were treated as slightly inferior to the Barristers.

Since the passing of the Legal Practitioners Act, 1879, tremendous alterations had taken topographic point in the conditions of the legal profession. The legal profession had so far no organisation of its ain to modulate admittance to the profession and to keep a high degree of professional behavior. The Vakils started demanding that all differentiations between them and the Barristers be removed, all the pattern of statutory reserves of judicial assignments being in favor of peculiar categories be abolished, and the acknowledgment ( by manner of at least a convention ) that all appointA­ments to the Bench be made from the Bar and that merely on the land of virtue. There was besides the demand for abolishment of the system of double bureau and the creative activity of an all-India Barroom in the state. Therefore, there was a demand by the legal profession for fusion and liberty of the Bar be realized by displacing the several classs of practicians by a individual homogenous group of practicians.

In February, 1921, a declaration put away in the Legislative Assembly urging statute law with a position to make an Indian Bar, so as to take all differentiations enforced by legislative act or by pattern between Barristers and Vakils. ” In response to the force per unit areas therefore 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. In its study submitted in 1924, the Committee seemingly felt staggered by the assortment of legal practicians entitled to pattern in the High Courts and in the tribunals subordinate to them.

On the inquiry of forming the legal profession on an all-India footing, the Committee came to the decision that it did non see it operable at the clip to form the Bar on an all-India footing or to represent an all-India Bar Council, The Committee suggested nevertheless that a Bar Council should be constituted for each High Court. But instantly such Bar Councils were to be established for a few and non all High Courts. The Bar Council should hold power to ask into affairs naming for disciplinary action against a attorney ; but that the bing discipliA­nary legal power of the High Court should be maintained. The High Court should be bound before taking disciplinary action against an advocator to mention the instance to the Bar Council for enquiry and study.

The Committee proposed that a Bar Council should hold power to do regulations subject to the blessing of the High Court concerned in regard of such affairs as inter alia: ( a ) the makings, admittance, and certifications of proper individuals to be Advocates of the High Court ; ( B ) legal instruction ; ( degree Celsius ) Masterss associating to train and professional behavior of Advocates etc. , ( vitamin D ) the footings on which Advocates of another High Court could look on occasion in the High Court to which the Bar Council is attached ; ( vitamin E ) any other affair prescribed by the High Court.

While on some of the inquiries, e.g. , abolishment of the double system, accomplishing the ideal of a incorporate saloon, composing and powers of the proposed Bar Councils, the recommendations of the Committee fell abruptly of the outlooks of the Indians, however, there were some positive elements therein.

3.7 THE INDIAN BAR COUNCILS ACT, 1926

To give consequence to the recommendations of the Chamier Committee to some extent, the Central Legislature enacted the Indian Bar Councils Act, I926. The object of the Act, as stated in its preamble, was to supply for the fundamental law and incorporation of Bar Councils for certain Courts in British India, to confabulate powers and enforce responsibilities on such Bar Councils, and to consolidate and amend the jurisprudence associating to legal practicians entitled to pattern in such Courts. The intent of the Act therefore was to unite the assorted classs of legal practicians and to supply some step of self-determination to the Bars attached to the assorted Courts.

The Act extended to the whole of British, India, but it was applied instantly merely to the High Courts of Calcutta, Madras, Bombay, Allahabad and Patna. The Act could be applied to such other High Court as the “ Governor-General in Council may, by presentment in the Official Gazette, declare to be High Court, to which the Act applied. ”

A Bar Council could, with the old consent of the High Court make regulations for such affairs inter alia as: ( 1 ) the rights and responsibilities of the Advocates of the High Court and their subject and professional behavior ; ( 2 ) the giving of installations for legal instruction and preparation and the retention and behavior of scrutinies by the Bar Council.

The Act besides achieved some fusion of the Bar by extinguishing the two classs of practicians, the Vakils and the Advocates by unifying them in the category of Advocates who were “ entitled as of right to pattern ” in the High Court in which they were enrolled and in any other Court in British India, capable to some exclusions. The responsibilities of the Bar Council were to make up one’s mind all affairs refering legal instruction, makings for registration, subject and control of the profession. The Bar Council was authorized, with the old countenance of the High Court, to do regulations to modulate the admittance of individuals as Advocates of the High Court.

A High Court was authorized to censure, suspend or take from pattern any Advocate of the High Court whom it found guilty of professional or other misconduct. The High Court was empowered, of its ain gesture, to mention any instance in which it had otherwise ground to believe that any such Advocate had been guilty of misconduct.[ 11 ]

The Act of 1926 was an betterment on the preexistent place in so far as it went but its commissariats were non wholly satisfactory and the Indian legal profession was non to the full satisfied with what had been achieved by it. The Act failed to fulfill the aspirations of the profession as it simply granted the Bar Councils uneffective powers, much like sections of the High Courts. The Bar Councils were given unreal and inA­effective powers ; they were controlled closely by the High Courts, the existent powers being vested in the High Courts.

The power to inscribe Advocates continued to stay in the High Courts and the map of the Bar Councils was simply consultative. The regulations to be made by a Bar Council were capable to the blessing of the High Court. The High Court had effectual disciplinary power over the Advocates, the function of the Bar Council being simply consultative. A Bar Council could ask into a ailment of professional misconduct merely when the affair was referred to it by the High Court and even so the findings of the Bar Council were non adhering on the High Court. The Act did non in any manner affect the Original Sides of the Calcutta and Bombay High Courts. The Attorneys of the Calcutta and Bombay Courts were non in any manner touched by this Act and the registration of the Attorneys and the disciplinary legal power over them, thereA­fore, continued to stay vested in the High Courts under their several Letters Patent. The Legal Practitioners Act, 1879, remained integral and un-amended. The Act left the Pleaders, Mukhtars, etc. , practising in the mofussil tribunals out of the range of the Act and the Act did non convey about a Unified Bar.

Finally, the right of the Advocates of one High Court to pattern in another High Court was non unchained but was expressly made topic to the regulations made by the High Court or the Bar Council.

To hold an independent incorporate all-India saloon holding merely one class of practicians, and independent Bar Councils, the legal profession had to wait for over three decennaries, their long awaited ideals and aspirations fructified merely in 1961 when the Indian Parliament enacted the Advocates Act in the Independent India.

Chapter 4: Reason FOR INTRODUCTION OF THE ACT

After Independence it was profoundly felt that the Judicial Administration in India should be changed harmonizing to the demands of the clip. The Law Commission was assigned the occupation of fixing a study on the Reform of Judicial Administration. In the interim the All India Bar Committee went into item of the affair and made its recommendations in 1953. To implement the recommendations of the All India Bar Committee and after taking into history the recommendations of the Law Commission on the topic of Reform of Judicial Administration in so far as the recommendation relate to the Bar and to legal instruction, a Comprehensive Bill was introduced in the Parliament.

In 1961, Parliament enacted the Advocates Act[ 12 ]to amend and consoliA­date the jurisprudence associating to legal practicians, and to supply for the fundamental law of State Bar Councils and an All-India Bar Council. The Advocates Act impleA­ments the recommendations of the Bar Committee and the Law Commission with some alterations. It repealed the Indian Bar Councils Act, 1926, the Legal Practitioners Act, 1879, and other Torahs on the topic. The Act has undergone several amendments since its passage in 1961. The Act extends to the whole of India.

Chapter 5: THE ADVOCATES ACT, 1961

The Act establishes an All-India Bar Council for the first clip. The Attorney-General of India and the Solicitor-General of India are the ex-officio members of the Bar Council of India[ 13 ]. It has one member elected to it by each State Bar Council from amongst its members. The Council elects its ain Chairman and Vice-Chairman.[ 14 ]The Bar Council of India has been entrusted inter alia with the following of import maps:

( 1 ) To put down criterions of professional behavior and etiquettes for Advocates ;

( 2 ) To safeguard the rights, privileges and involvements of Advocates ;

( 3 ) To advance legal instruction,

( 4 ) To put down criterions of legal instruction in audience with the Universities leaving such instruction and the State Bar Councils ;

( 5 ) To acknowledge Universities whose grades in jurisprudence shall measure up for registration as an Advocate

( 6 ) To see and inspect the Universities for that intent ;

( 7 ) To exert general supervising and control over State Bar Councils,

( 8 ) To advance and back up jurisprudence reform ;

( 9 ) To form legal assistance to the hapless.

This Act created a State Bar Council in each State.[ 15 ]It is an independent organic structure. The Advocate-General of the State is its ex-officio member, and there are 15 to 25 elected Advocates. These members are to be elected for a period of five old ages in conformity with the system of relative representation by agencies of individual movable ballot from amongst Advocates on the Roll of the State Bar Council. The State Bar Council has power to elect its ain Chairman. The chief powers and maps of the State Bar Council are:

( a ) To acknowledge individuals as Advocates on its Roll ;

( B ) To fix and keep such Roll ;

( degree Celsius ) To entertain and find instances of misconduct against Advocates on its Roll ;

( vitamin D ) To safeguard the rights, privileges and involvements of Advocates on its axial rotation ;

( vitamin E ) To advance and back up jurisprudence reform ;

( degree Fahrenheit ) To form, legal assistance to the hapless.

Therefore, every State Bar Council prepares and maintains a Roll of Advocates and: an attested transcript of the Roll is to be sent to the Bar Council of India. An application for Admission as an Advocate is made to the State Bar Council within whose legal power the applier proposes to pattern[ 16 ].

The Bar Council of India regulates the content, course of study, continuance of the jurisprudence grade. Subject to the commissariats made by the Bar Council, each University can put down its ain commissariats and ordinances refering the jurisprudence grade. To execute its maps sing legal instruction it is assisted by a Legal Education Committee dwelling of 10 members, five being members ” of the Bar Council of India, and five co-opted by the Council who are non members ‘ thereof. The thought is that the co-opted members would chiefly be jurisprudence instructors.

The fundss of the Bar Councils are basically met out of the registration fees of the Advocates, Twenty per cent of the fees realized are paid by each State Bar Council to the Bar Council of India.9 The Bar Councils may have contributions and grants. The Bar Councils can border regulations for transporting out their maps.

The regulations made by the State Bar Council have to be approved by the Bar Council of India. The Cardinal Government has been given an overruling power of doing regulations on any affair. There was no such proviso originally. This proviso was inserted in the Act in 1964. This proviso has been criticized as amounting to a menace to the independency and liberty of the Bar Councils.

The makings for admittance as an Advocate are: citizenship of India, 21 old ages of age, and LL.B. Degree from an Indian University. A foreign national can besides be enrolled on the footing of reciprocality if an Indian citizen is permitted to pattern in that state. Foreign Law Degrees can besides be recognized by the Bar Council of India for the intent.[ 17 ]

The Act recognizes merely one individual category of practicians, viz. , AdvoA­cates.[ 18 ]An Advocate on the State axial rotation is entitled to pattern as of right before any tribunal, or authorization in India, or any tribunal including the Supreme Court.[ 19 ]

Advocates have been classified into Senior Advocates and other AdvoA­cates. An Advocate may, with his consent, be designated as a Senior Advocate if the Supreme Court or a High Court is of sentiment that by virtuousness of his ability, experience and standing at the Bar he is meriting of such differentiation. Senior Advocates are, in the affair of their pattern, capable to such limitations as the Bar Council of India may, in the involvements of the legal profession prescribe.[ 20 ]

Originally, the Act had saved the double system, i.e. Advocates and Attorneys, predominating in the Bombay and Calcutta High Courts on their Original Side.[ 21 ]It was left to the two High Courts to go on the system or non. These commissariats were deleted with consequence from 1st January, 1977 and now Attorneys are no longer recognized as a separate category of attorneies. However, since the system prevailed for a long period in the two towns, it continues at that place still as a affair of pattern.

Any advocator enrolled with his State Bar Council is now entitled to pattern i the Supreme Court irrespective of his standing at the saloon.

In Supreme Court there exist 3 classs of advocators: Senior Advocates, Advocates and Advocates on Record.

A Senior Advocate is one who with his consent may be designated so if the Supreme Court is of the sentiment that by virtuousness of his ability, experience and standing at the saloon is meriting of such differentiation. An advocator can go an Advocate on record after undergoing one twelvemonth preparation with an advocate O record and go throughing an scrutiny held by the tribunal. He has to hold an office in Delhi within a radius of 16 kilometres from the Court House and has to use a registered clerk.

Therefore, admittance, pattern, moralss, privileges, ordinance, subject and betterment of the profession are now wholly in the custodies of the profession itself. The legal profession has achieved its long precious object of holding a incorporate Bar on an All-India footing.

Chapter 5: Decision

The advocators Act, 1961 has marked the beginning of a new epoch in the history of legal profession by enthroning mostly in the Bar councils the power and the legal power which the tribunals till so exercised. It has fulfilled the aspirations of those who had been demanding an all India Bar and set uping a fusion of the saloon in India by the creative activity of a individual category of practicians with power to pattern in all the tribunals. They are now bound by the regulations made under codification of behavior laid down by their ain of organic structures to which members could fall back to for the protection of their rights, involvements and privileges. Therefore, the legal profession can play a critical function in continuing single rights and expeditiously distributing justness while moving as an incorporating force in national life. It is now portion of the modern legal system which provides both the forces and techniques for effectual rational public-service corporation. The duty of this profession to the Indian society is so great, as has been its history.

However all that glisters is non gilded. The duty that the Indian Bar bears to the society and the challenge that it faces today bear a testimony that the Indian Bar has non risen to the degree to dispatch its responsibilities.

We may non be able to state with any tolerable step of consensus what ‘justice ‘ signifies ; but there may be a just step of consensus on the thought of ‘conditions ‘ of justness, one of which is the building of public discourse on the nature and bounds, legitimacy and legality, of province power. The denial of such discourse frequently signifies an terminal to the really quest for justness. Creation and nutriment of such conditions has been articulated in the codification of moralss supplying criterions for designation and measuring of professional grudge. The attorneies as a profession unrecorded ad thrive on ambiguity[ 22 ], inherent in, or imparted to words and the professional aberrance of attorneies is multifaceted.

The highest duty is to supply free legal assistance to the “ indigent and the laden ” . This duty is capable to bounds of the advocator ‘s economic status. But we know that even superstar attorneies whose economic conditions is unconscionably flush even refuse summarily to see an destitute individual with pressing demand for legal aid. Most senior attorneies stay off from legal assistance programmes of the province. Unless the leaders of the saloon do some self-contemplation and put the profession back on the tracks all we will be left with is an business and non a profession.