Advocate's Act
Suchitra. S
(Querist) 20 October 2009
This query is : Resolved
Respected experts,
We have to write assignments regarding Advocate's Act 1961. So, can anyone give me the name of the book available with commentory ? It will be helpful even if you can suggest any site on the net for the purpose.
Raj Kumar Makkad
(Expert) 20 October 2009
I suggest you to visit the following link. You shall get thorough knowledge of each and every subject very much cleared with respect to advocate/attorney etc. as required.
http://wiki.answers.com/?askBar=1
Sachin Bhatia
(Expert) 21 October 2009
I will suggest you to have a search on the net you will find sufficient matterial for your assignment.
Khaleel Ahmed Mohammed
(Expert) 24 October 2009
You can find through google search, different books and commentaries.
Adinath@Avinash Patil
(Expert) 26 October 2009
SUCHITRA GO THROUGH FOLLOWING ARTICLE IT WILL HELP YOU FOR YOUR QUERRY.
Advocates in India
In India, the law relating to the Advocates is the Advocates Act, 1961 which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. Under the Act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally.
Each State has a Bar Council of its own whose function is to enrol the Advocates willing to practice predominately within the territorial confines of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore each law degree holder has to get enrolled with a (and only one) State Bar Council in order to be authorized to practice in India. However enrolment with any State Bar Council does not restrict the Advocate from appearing before any court in India even though it is beyond the territorial jurisdiction of the State Bar Council with which he is enrolled.
The advantage with having the State Bar Councils is that the work load of the Bar Council of India can be divided into these various State Bar Councils and also that matters can be dealt with locally and in an expedited manner. However for all practical and legal purposes, the Bar Council of India retains with it the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any Advocate individually, as so provided under the Advocates Act, 1961.
The process for being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognized institution in India and second, must pass the enrollment qualifications of the Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of India has an internal Committee whose function is to supervise and examine the various institutions conferring law degrees and to grant recognition to these institutions once they meet the required standards. In this manner the Bar Council of India also ensures the standard of education required for practicing in India are met with. As regards the qualification for enrollment with the State Bar Council, while the actual formalities may vary from one State to another, yet predominately they ensure that the application has not been a bankrupt /criminal and is generally fit to practice before courts of India.
Enrollment with a Bar Council also means that the law degree holder is recognized as an Advocate and is required to maintain a standards of conduct and professional demeanor at all times, both on and off the profession. The Bar Council of India also prescribes "Rules of Conduct" to be observed the Advocates in the courts, while interacting with clients and even otherwise.
All Advocates in India are at the same level and are recognized as such. Any distinction, if any, is made only on the basis of seniority, which implies the length of practice at the Bar. As a recognition of law practice and specialization in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognized by the Judges of the High Court (in case of a Advocate practicing before that High Court) or by the Supreme Court (in case of the Advocate practicing before the Supreme Court). While the conferral of Senior Advocate status not only implies distinction and fame of the Advocate, it also requires the Senior Advocate to follow higher standards of conduct and some distinct rules. Also, a Senior Advocate is not allowed to interact directly with the clients. He can only take briefs from other Advocates and argue on the basis of the details given by them.
Further, under the Constitutional structure, there is a provision for elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have a ten years standing before the High Court(/s) or before the Supreme Court to be eligible for such. (Article 217 and 124 of the Constitution of India for High Courts and Supreme Court respectively)
Suchitra. S
(Querist) 26 October 2009
Thanks for all the replies. All your guidance is appreciated.
