In order that a person who has obtained a degree in law may be eligible for such enrolment, he has to undergo a course of training in law and pass an examination thereafter as required by section 24(1)(d) of the Act. [15] It is an autonomous body. The Bar Councils were given unreal and ineffective powers; they were controlled closely by the High Courts, the real powers being vested in the High Courts. advocates and Senior Advocates. Section 49A : Power of Central Government to make rules. Stay connected to all updated on the advocates act 1961 Since this enactment, women began getting enrolled as legal practitioners. The Charter of 1774 introduced the British system of legal practice in Calcutta. Preference for enrolment as Vakils was to be given to candidates educated in any of the Muhammadan or Hindu Colleges established or supported by the Government provided that such candidates were in other respects duly qualified for the position. Advocates Act, 1961 The provisions of Section 35 of the Advocates Act deals with professional misconduct of lawyers and advocates in India which read as: If a person is found guilty of professional misconduct; he shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. Advocates Act, 1961. The project will introduce the Act and its nature and functioning. Appeal to the Bar Council of India.— Any person aggrieved by an order of the disciplinary committee of a State Bar Council made 1[under section 35] 2[or the Advocate General of the State] may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India. The laws governing Advocates is the Advocates Act, 1961 was given by the Ashok Kumar Sen, the then priest of India. Info: 5371 words (21 pages) Law Essay The purpose of the Act thus was to unify the various grades of legal practitioners and to provide some measure of self-government to the Bars attached to the various Courts. There is no definition given for the term ‘misconduct’ in the Act, but the term ‘unprofessional conduct’ is being used in the Act. The Bill, being a comprehensive measure repealed the Indian Bar Council Act, 1926, and all other laws on the subject and brought into existence the Advocates Act, 25 of 1961 into existence. A lawyer’s profession is meant to be a divine or a sacred profession by all means. After Independence it was deeply felt that the Judicial Administration in India should be changed according to the needs of the time. The right to practice thus conferred by these provisions included the right to plead as well as to act in the courts. 37. THE ADVOCATES ACT, 1961 ACT NO. The rules to be made by a Bar Council were subject to the approval of the High Court. Thus, the establishment of the Supreme Court brought recognition, wealth and prestige to the legal profession. It empowered the Sadar Diwani Adalat to enroll from time to time as many pleaders as it thought necessary for all Company’s adalats and to fix the retaining fee for pleaders and also a scale of professional fee based on a percentage of the value of the property. [7] The Mayor’s Courts, established in the three presidency towns, were Crown Courts with right of appeal first to the Governor-in-Council and a right of second appeal to the Privy Council. (21 of 1926). In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. In the Charter of 1726, which established the Mayor’s Courts at the three Presidency Towns, no specific provision was made laying down any particular qualifications for the persons who would be entitled to act or plead as legal practitioners in these courts. The history of legal profession in India is therefore a history of struggle: for recognition, characterized by prestige, power and income. Registered Data Controller No: Z1821391. The Act also achieved some unification of the Bar by eliminating the two grades of practitioners, the Vakils and the Pleaders by merging them in the class of Advocates who were “entitled as of right to practice” in the High Court in which they were enrolled and in any other Court in British India, subject to some exceptions. Advocates Act, 1961. The Vakils were by and large ignorant of the law and were subject to harassment and extortion from the ministerial officers of the courts. Copyright © 2003 - 2021 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Language Undefined . Company Registration No: 4964706. There are many other landmark judgments regarding the cases involving professional misconduct of the advocates. Similar position was obtained in the two other Supreme Courts at Bombay and Madras.1 Thus, in the three Supreme Courts the only persons who were entitled to practice were the British Barristers, Advocates and Attorneys. The Indian Bar Councils Act, 1926 was passed to unify the various grades of legal practice and to provide self-government to the Bars attached to various Courts. She challenged this in the High Court of Patna. In February, 1921, a resolution put forth in the Legislative Assembly recommending legislation with a view to create an Indian Bar, so as to remove all distinctions enforced by statute or by practice between Barristers and Vakils.” In response to the pressures thus 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. 3. The Preamble of the Act provides for the establishment of Bar Councils at state level and All India Bar Council. The Indian Bar Councils Act, 1926 was passed to unify the various grades of legal practice and to provide self-government to the Bars attached to various Courts. Disclaimer: This essay has been written by a law student and not by our expert law writers. The Court ruled that the sections of the Legal Practitioners’ Act referred to males and not to females. Thus, Vakils became a distinct grade above the Pleader. Advocates Act, 1961 governs the legal profession in India. The Act of 1926 was an improvement on the pre-existing position in so far as it went but its provisions were not entirely satisfactory and the Indian legal profession was not fully satisfied with what had been achieved by it. The Act has provisions for entry into profession as well as discipline and exit from profession. For each of the States of Andhra Pradesh, Bihar, Gujarat, (Note:- Ins. The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as: A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. The Advocates Act 1961 is applicable in the State of Jammu and Kashmir. Home. Browse through sections with swipe gesture in a clutter free design helping you focus on the core content. The researcher will then deal with the historical predecessors of the Advocates Act, 1961. 25 OF 1961 [19th. The power of dismissing Vakils was vested in the Sadar Diwani Adalat as well as the Provincial Court, and a city court could suspend a Vakil. The researcher will trace the history of the legal profession in India and its present official standing. The Regulating Act, 1773, empowered the Supreme Court to frame rules of procedure as it thought necessary for the administration of justice and due execution of its powers. (23 of 1923). BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. The two grades of legal practice gradually became distinct and separate as they were in England. In every profession, there are certain professional ethics to be followed by every person who is into such a profession. Read more about The Voluntary Surrender of Salaries (Exemption from Taxation) Act, 1961; The Dadra and Nagar Haveli Act, 1961. Download for offline reading, highlight, bookmark or take notes while you read Commentary on Advocates Act, 1961: with Professional Ethics in India. Era of the Advocates Act, 1961 3.1 With the passage of time, it was felt that the Judicial Administration should be changed according to the needs of the time. (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 rules of those Courts applicable to pleaders as regards language or any other matter. *You can also browse our support articles here >. Bare Acts. The legal profession had so far no organization of its own to regulate admission to the profession and to maintain a high level of professional conduct. The Advocates Act, 1961 is a law go by the Parliament and is controlled and implemented by the Bar Council of … The Attorney-General of India and the Solicitor-General of India are the ex-officio members of the Bar Council of India [13] . The Indian legal practitioner had no entry in this Court. Section 58AD : Special provisions with respect to certain persons migrating to India. A Bar Council could, with the previous consent of the High Court make rules for such matters inter alia as : (1) the rights and duties of the Advocates of the High Court and their discipline and professional conduct; (2) the giving of facilities for legal education and training and the holding and conduct of examinations by the Bar Council. CONCLUSION 4. [4], Contempt of Court as Professional Misconduct. Court held that “even so justice has a correctional edge, a socially useful function, especially the delinquent is too old to be pardoned and too young to be disbarred. THE ADVOCATE’S ACT, 1961- SALIENT FEATURES 3. Section 49 : General power of the Bar Council of India to make rules. You should not treat any information in this essay as being authoritative. But there is a fact that professional misconduct is a common aspect not only in other professions but also in advocacy. This Act is regarded as the “first charter of the legal profession” although it left unsolved the important question of the right of Vakils to practice in the Supreme Courts [9] . The fees of, the pleaders were payable only after the decision, and not before, the Court being practically the paymaster. The Council elects its own Chairman and Vice-Chairman. Every pleader was required to attend the court to which he was attached punctually and regularly. In the case of V.C.Rangadurai v. D.Gopalan[7], the Court looked into the matter of professional misconduct in such a way that decision was made in a much humanitarian manner by considering the future of the accused in this case. 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