Q. With reference to India, consider the following statements:

  1. Government law officers and legal firms are recognized 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?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (b) 2 only

Notes:
  • Corporate Lawyers, as well as patent attorneys, are too recognized as lawyers and there’s no prohibition on their recognition as lawyers.
    • Advocates Act 1961 defines an advocate as a person who is enrolled in any State Bar Council and who is entitled to practice law before any court or authority in India.
    • In India, an advocate is a lawyer who has passed the All India Bar Examination and is licensed to practice law in courts. Advocates are qualified to represent clients in court, and can appear in any court.
  • The Bar Council of India is a statutory body established under section 4 of the Advocates Act 1961 that regulates the legal practice and legal education in India.
    • It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.
    • The Bar Council of India visits and inspects Universities/Law colleges in the country as part of its statutory function of promoting legal education and laying down standards in consultation with the Universities in India and the State Bar Councils.
    • In addition, it performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.
Attorney General and Solicitor General
  • The Attorney General is the Chief Legal Advisor for India. He is also the primary lawyer in dealing with the Supreme Court.
  • The major difference between the Attorney General and the Solicitor General is that the Solicitor General of India assists the Attorney General of India, taking help from many other Solicitor Generals.
Advocates Amendment Bill, 2023
  • The Bill repeals the Legal Practitioners Act, 1879 and amended the Advocates Act, 1961, to reduce “the number of superfluous enactments in the statute book” and repeal all “obsolete laws”.
  • The Bill provides that every High Court, district judge, sessions judge, district magistrate, and revenue officer may frame and publish lists of touts.
    • Tout refers to a person who:
      • Either proposes to procure or procures the employment of a legal practitioner in a legal business in return of any payment.
      • Frequents places such as the precincts of civil or criminal courts, revenue-offices, or railway stations to procure such employment.
      • The Court or judge may exclude from the premises of the Court any person whose name is included in the list of touts.
  • Preparation of lists:
    • The authorities empowered to frame and publish the list of touts may order subordinate courts to hold an inquiry into the conduct of persons alleged or suspected to be touts.
    • Once such a person is proven to be a tout, his name may be included by the authority in the list of touts.
    • No person will be included in such lists without getting an opportunity of showing cause against his inclusion.
  • Penalty:
    • Any person who acts as a tout while his name is included in the list of touts will be punished with imprisonment up to three months, a fine up to Rs 500, or both.