With reference to India, consider the following statements :
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct ?
This questions was previously asked in
UPSC CSP Previous Year Paper (2022)
Both 1 and 2
Incorrect AnswerNeither 1 nor 2
Incorrect AnswerExplanation:
The role of the legal profession in society is manifold— its members are flag-bearers of the rule of law and they defend fundamental rights. Along with these responsibilities, members of the legal profession have been conferred significant power and privileges as officers of the court. First, only advocates have the right to access and represent others in a court of law.
No citizen, other than an advocate, has the right to appear, act, or plead in court. Second, in India, the term “legal professionals” refers only to those “advocates” who are law graduates and have been enrolled in state bar councils (SBCs).
Statement 1 is not correct: An emerging class of legal professionals engaged with various law-related activities—such as government law officers, corporate lawyers, law firms, law professors, legal researchers, and patent attorneys—have been excluded from recognition as advocates. Third, the judiciary has clarified the otherwise undefined concept of “practice of law” to include all forms of legal activities, including both litigious and non-litigious work, such as appearing in court, drafting, giving opinions, performing transactional work, consulting, arbitrating, mediating, filing vakalatnamas (power of attorney), and working as legal officers. Thus, “advocates” enrolled in bar councils enjoy exclusive monopoly over the right to practise law in all courts, tribunals, and other authorities in India
Statement 2 is correct: The Advocates Act, 1961, enacted with the objective of creating “a unified Bar for the whole country with monopoly in legal practice and autonomy in matters of professional management,” conferred the Bar Council of India (BCI) and SBCs with the power to self-regulate the profession and lay down rules relating to admission and enrolment, conditions of practice, standards of professional conduct and etiquette, disciplinary proceedings, legal education, recognition of law colleges, and welfare activities. These powers were granted to the bar councils to promote the administration of justice and uphold the dignity of the profession in the eyes of the common people.