Being the noble as well as one of the oldest professions that is the practice of law. Having broad affairs makes the profession beautiful but crucial as well at the same time. Just like any other field, it was felt that the profession needs a guiding force in order to fulfil its purposes. So, after going through every corner of the profession legislatures thought to bring an act. The act named The Advocates Act, 1961” which was a significant legislation enforced on 19th May, 1961. The act enacted with the intention to consolidate and amend laws relating to legal practitioners. Basically, the advocate act 1961 came with the purpose to ensure a uniform system for legal practice and standards.
Brief History of advocates act
As we know that advocates act, 1961 was passed in the year 1961 but what about before 1961. So, to answer this question we need to visit the year before1961. Then, there were several legislations which used to guide or regulate the legal profession. One of them was Legal Practitioners Act, 1879 along with it, there were specific laws for the high court and lower courts. However, the profession was divided among several categories including pleaders, vakils, advocates as well as solicitors practicing in different courts resulting inconsistency. There are several key developments which must be taken into consideration. The first one is the enactment of constitution of India, 1950.
It was the moment when it was realized that there is a need of standardization of the legal profession across the country. Also, in the year 1953 where All India Bar Committee was formed and chaired by Justice S.R. Das. This committee had a unified recommendation of single category of legal practitioners known as advocates. It also stated the need for the establishment of bar councils at both state and national levels. So, subsequent to the recommendation of the committee, parliament passed the act named Advocates Act,1961. Later on, it came into the effect on August 19, 1961.
Objectives of advocates act
Similar to the other acts, Advocates Act, 1961 which has been amended previously also but this time, a new amendment act has come namely advocates act amendment bill 2023. Also came up with certain objectives that needed to be fulfilled. However, there were several objectives but below are mentioned some of the objectives which can also be considered as salient features of advocates act 1961 are quite important to understand.
- Standardization of Legal Profession: The purpose of the Advocates Act, 1961 was to create a single class of legal practitioners to be called as advocates therefore leading to difference between lawyers.
- Qualification and Enrolment: Another purpose of the act was the qualifications for becoming advocate and regulate the process of enrolment.
- Disciplinary Control: Disciplinary control for advocates was also necessary in order to avoid professional misconduct.
- Bar Council Establishment: Last but not least, the establishment of bar councils at both state and national levels. They will be responsible for the regulation and discipline of advocates.
Provisions of advocates act
Chapter- I
The first chapter of the Advocates Act, 1961 is known as “Preliminary” and contains two sections, section 1 and section 2 thus forming the framework of the entire Advocates Act, 1961. Section 1 contains the short title, extent and commencement pointing to the applicability of the Act to the whole of India while section 1 empowers the appropriate government to bring different provisions of the Act into force on different dates for different regions. Section 2 lists down certain definitions that apply throughout the Act like the definition of the word “advocate” or “legal practitioner,” “High Court,” among others. It is significant in understanding the provisions of the Act and clarity about the legal profession Regulatory framework in India to understand these definitions.
Chapter- II
It is the second chapter, where according to section 4 of the Advocates Act of the year 1961, there are Bar Councils; the national Bar Council and the state Bar Council. The chapter also gives the definition of formation of the Bar Council of India and the State Bar Councils. It describes the functions and power of these councils. Its functions are to control and coordinate legal education, enrolment of new members, as well as discipline advocates. There are certain requirements which anybody who is to be appointed into any of these councils has to fulfil. They are elected for fixed terms through a well-coordinated system of elections. The chapter enables Bar Councils to uphold the professional standards to artificial stricter so as to uphold the integrity and ethical compliance of the legal profession in the country.
Chapter- III
The Advocates Act, 1961 was enacted to regulate the practice and the admission/ enrolment of advocates was put in Chapter III of the said Act. Here the section 24 of advocates act which also talks about the essential conditions when considering a person who may be admitted as advocates on a state roll. When dealing with the advocates, it divides them into senior advocates and other advocates depending on their ability and experience. A roll of all enrolled advocates is being kept by the State Bar Council. This we understand as qualifying entries for admission must be holders of law degree and must be of the appropriate age and character. The State Bar Council formulates policies for enrolment of advocates and one has to clear enrolment to become an advocate. But it can decline the application in case if the applicant is not appropriate. This chapter guarantees that only those persons that meet the recognized standards and ethical requirements are allowed to practice law in India.
Chapter- IV
Chapter IV of Advocates Act, 1961 gives the right of the advocates practicing in India section 30 of advocates act. The practice of law across the country can be practiced only by advocates. But there is an exception which lies under advocate act section 32. The section deals with granting of permission to person to appear in certain cases without having an enrolment as an advocate. Irrespective of the type of case the advocates have constitutional right in practicing in any court stationed anywhere in India. Though, it is mandatory for anyone to practice in courts, the professional is restrained to he/she is an enrolled person with the State Bar Council. It is worthy of note that such rules framing the conduct of advocates in the course of a trial is within the jurisdiction of the High Courts. This chapter protects the interests of the advocates as it makes the courts responsible for practicing ethical legal practice across the country.
Chapter- V
Chapter V of the Advocates Act, 1961 addresses the conduct and discipline of advocates. The State Bar Council holds the power to punish advocates for professional misconduct which is prescribed under section 35 advocates act. The Bar Council of India also exercises disciplinary authority under section 36 of advocates act over advocates. Advocates can appeal against disciplinary orders to ensure fair proceedings. If an advocate is convicted of an offense involving moral turpitude, the council can remove their name from the roll. This chapter ensures that advocates maintain ethical standards and face disciplinary actions for misconduct, preserving the profession’s integrity and trustworthiness.
Chapter- VI
The matters connected with the legal profession practitioners are provided under the Chapter VI of the Advocates Act, 1961. It punishes practitioners of law who do not hold an advocates’ roll or something to that effect therefore leading to professional misconduct under advocates act. The chapter bars advocates from practices any business that is repugnant to the provision of the legal profession. So, here the section 49 1 c of the advocates act 1961 states that what are standards of professional conduct and etiquettes. The Bar Council of India has the power to draw rules with reference to different segments of the profession for maintaining the standard and homogeneity. The same has been mentioned under section 49 of advocates act. These provisions protect the practice of law against anyone who may wish to practice without being a legal expert and also ensure that the advocates stick to their legal roles without engaging in unethical conducts all the system.
Chapter- VII
Chapter VII of the Advocates Act, 1961 is one of the chapters which provides for temporary and transitional provisions of the legal profession and more detail can be availed through advocates act 1961 notes. Concerning, it looks at the changes of previous legislation systems to the new one under this Act. The chapter makes sure that the current legal practitioners are registered under the new regulations without having to stop practicing. That way it offers the avenue to be able to adjust to the new structure the time that the advocates, Bar Councils as well as other stakeholders need to conform. This chapter contributes greatly to the proper succession from the old laws to the modern laws while exercising a continuity of process in the legal profession during such a transition. Further, if someone wish to know more about it then one can refer to advocates act 1961 bare act which is easily available in the market.
Conclusion
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