Ans. The legislation is enacted with the key objective to modify and combine the law dealing with legal practitioners. The first and foremost function is that it has to lay down the professional conduct and etiquette for advocates throughout India. 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. of the Advocate. Objective of the Act. Can Advocates only appear/practice in the Courts or can any person do that? The Act extends to the whole of India, except the State of Jammu and Kashmir. So, from summoning the witnesses to requiring discovery and production of any documents, from receiving evidence on affidavits to issuing commissions for examination of witness or documents, the Disciplinary Committee has same powers. 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. An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. So, as per Section 32 of the Advocates Act, 1961; a person who has not been enrolled under the Advocates Act 1961 has the liberty to appear before the Court but only on the ground that the Court allows him to do so. It may be noted that under this section, only one category of person, the Advocates, are authorized to practice, subject to the Provisions of this Act… It also covers the rules regarding the bar council of both the center and the states, its functions, and the constitution, read more about it at easyadvocacy. Punishment of advocates for misconduct-(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. "An advocate entered in any roll under the provisions of this Act." ... junior advocates and provide financial assistance to the Advocates on medical ground and also the bereaved family of the Advocates. Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". The preamble of the Advocates Act, 1961, specifies that this Act has been made with the objective of amending and consolidating the law relating to the legal practitioners. Best current affairs & GK article on Advocates Act 1961 –Act means filing an appearance, pleading, application or any other thing required or authorized by law either in person, or through agent or advocate. The project will introduce the Act and its nature and functioning. 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. May, 1961.] Advocates Act, 1961. Advocates Act, 1961. •Must appear with an Advocate on Record in the SC and with an Advocate of the State Roll in any other Court/Tribunal. The State Bar Councils shall elect a Chairman and Vice-Chairman as prescribed by … 9. 35. 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Presented by:-Aradhya Gupta ... Best tree of Legal History. CHAPTER 2: AIMS AND OBJECTIVES OF THE ACT To live or not to live in a Live-in Relationship! However, in the case of common roll, the decision of Bar Council of India is final and binding. STATEMENTS OF OBJECTS AND REASONS "The Bill seeks 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 relate to the Bar and to legal education. Yes. Ask your question from lawyers! It is the duty of the Council to regularize professional behavior and decorum of advocates. The Advocates Act, 1961. illegally? They are classified as "Senior Advocates" and "other advocates" on merit basis. the Advocates Act has abolished these classes and has recognised only one class of Advocates. Who is an advocate under the Advocates Act, 1961? Are Advocates punished for their misconduct? By: Shriya Paruthi. Introduction. When can the Bar council remove the names of an Advocates from the roll? He should be an Indian Citizen, completed the age of 21 years and has acquired a law degree. Such person who is illegally found to practice in the Court can be held liable for imprisonment of up-to 6 months. 35. The Bill seeks to achieve these objectives.- S.O.R. Chapter V . Q1. The Act extends to the whole of India, except the State of Jammu and Kashmir. It also aimed at creating an All India Bar Council and State Bar Councils. They were Advocates, lawyers, vakils, etc. It’s objectives … An advocate is initially enrolled with a State Bar Council and a common roll of all the advocates in the country is maintained by All India Bar Council. Application: The person who desires to enrol must file an application to the State Bar Council, in the prescribed form with the necessary fee (Rs.250/-). The call for a transformation in the judicial administration in India following independence, paved the way for entrusting the Law Commission to suggest a report in this connection. No. The Committee after conducting inquiry shall either discharge the complaint or warn the advocate. Yes, the Advocates are punished for their misconduct. Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". The Act aims at amending and consolidating the laws relating to legal practitioners and to provide for the … The Preamble of the Act provides for the establishment of Bar Councils at state level and All India Bar Council. The way the President and the Vice President are to be elected. However, a person shall be allowed to practice before a court simply if he is enrolled as an advocate. - Gazette of India, 13-8-1962, Pt. THE ADVOCATES ACT, 1961 The legal profession as it exists today was created and developed during the British period. The Bar Council of India can also be a member of International organisation like International Bar Organisation. 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. Once the proceeding is initiated against any Advocate in particular, then notice is served upon the Advocate in specific as well as the Advocate General of the State. This Act has replaced the Indian Bar Council Act, 1926. Introduction: The Advocates Act was enacted by the Parliament on 19/05/1961. Setalvad and C.K. The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal edition in India. 25 OF 1961 [19th. D. Kamalammal was also aged. Law Commission of India had submitted the 266 th report, “The Advocates Act 1961 (Regulation of Legal Profession)”, it suggest some amendment in the act. The Bar Council will be two patterns - Bar Council of India and State Bar Council. Now, like every other case, the State Bar Council always has the option to suspend the Advocate from practice among several others. Ans. Discuss All India Bar Council and State Bar Councils under the Advocates Act, 1961. Recover your password K.K Trivedi Mr. Advocates Act, 1961 Advocate Act, 1961 specifies the rules governing advocates, vakils, lawyers enrolled in the bar. 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. Additionally, the Disciplinary Committee may make such orders for Review within 60 days of the passing of such fresh order. In 1953 the All India Bar Committee prepared a report concerning the matter. How a Will is executed and What are the laws governing Will in India? Ans. The other functions are similar to that of State Bar Council. Mahatma Gandhi Law College, Andhra Pradesh, Department of Law, Krishna University, Andhra Pradesh, India’s response to COVID-19, Epidemic Diseases (Amendment) Bill, 2020, College of Law, Kakatiya University, Subedari, Warangal, Telangana, K V Ranga Reddy Law College, Andhra Pradesh, The Coal India (Regulation of Transfers and Validation) Act, 2000, The Coal Bearing Areas (Acquisition and Development) Amendment and Validation Act, 1971, The Coal Bearing Areas (Acquisition and Development) Act, 1957. Further, an appeal to the Supreme Court can be filed subsequently within 60 days. A member of a Bar Council is deemed to have vacated his office if declared so by the Bar. Actually the east India Company was not interested in organizing the legal profession. The Advocates Act was passed by the Parliament in the year 1961. The Bar Council shall supervise the functions of State Councils. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. In this session, i have briefly discussed on the Salient Features of Advocates Act, 1961. Ans. The Act confers power on the High Court to prescribe rules enabling an advocate to practice in High Court and inferior Courts. He must have the qualifications as stated above. The Act aims at amending and consolidating the laws relating to legal practitioners and to provide for the establishment of State Bar Councils and an All India Bar Council.Q1. The Act extends to the whole of India, except the State of Jammu and Kashmir. The Preamble of the Act provides for the establishment of Bar Councils at state level and All India Bar Council. An advocate transacts business under authority that is governed and restricted by power of att… It has the right to acquire movable and immovable properties, to sue and to be sued. Under Section 35 of the Advocates ACT, 1961; A State Bar Council has the authority to punish the Advocates for their misconduct. 1. The Author, Devansh Sharma, is 3rd Year student of BA.LLB (H) at Rajiv Gandhi National Law University, Patiala. He is currently interning with LatestLaws.com. Q6. The tenure of the members of State Bar Councils shall be five years from the declarations of the results. Ans. To enroll as an advocate, a person should possess certain qualifications under the Act. The legislation is enacted with the key objective to modify and combine the law dealing with legal practitioners. Q13. Secondly, it is aimed at prescribing a uniform qualification for the Bar. Ans. Application once refused cannot be entertained by any other Bar Council except with the consent of- a) the Bar Council that rejected the application and b) All India Bar Council. As a Hindu can I marry the daughter of my mother’s sister? Advocates Act, 1961. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. In case the Advocate is aggrieved, does he have any option left with him to Appeal? The key purpose of the State Bar Council comprises of admission of advocates, uphold the interests of advocates, support law reform, arrange legal aid camps, administer funds, conduct elections etc. In case of any disputes regarding the validity of the elections, the decision of the Bar Council would be final. He must have paid an enrolment fee of Rs.250/- to the State Bar Council. In order to implement the commendation of All India Bar Committee (endorsed by the fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. Q4. 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. 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