You are on page 1of 6

Answer-1.

  

Professional communication between a legal adviser and a client is protection the


Advocates Act 1961 and the Bar Council of India Rules. 
Sections 126 to 129 of the Act is a codification of the principles of common law on
professional communications between attorneys and clients. Any person who seeks advice
from a practising advocate, registered under the Advocates Act, would have the benefit of the
attorney-client privilege and his or her communication would be protected.
Attorneys cannot, without the express consent of the client:
i.)disclose any communication made during the course of or for the purpose of his or
her employment as such attorney, by or on behalf of his or her client;
ii.)state the contents or condition of any document with which he or she has become
acquainted in the course of and for the purpose of his or her professional
employment; or
iii.)disclose any advice given by him or her to his or her client in the course and for
the purpose of such employment.
 section 129 of the Act, no one shall be compelled to disclose to the court any
confidential communication that has taken place between him or her and his or her
attorney, unless they have offered themselves as a witness, in which case they may
be compelled to disclose any communication as may appear to the court necessary
to be known in order to explain any evidence that they have given, but no other.

Case law:-Kalikumar Pal v Rajkumar Pal 1931


Rule 7. Not disclose the communications between client and himself: An advocate
should not by any means, directly or indirectly, disclose the communications made
by his client to him. He also shall not disclose the advice given by him in the
proceedings. However, he is liable to disclose if it violates section 126 of the Indian
Evidence Act 1872.
Rule 15. An advocate should not misuse or takes advantage of the confidence
reposed in him by his client.

Answer-2.

An advocate must behave in a dignified manner during the time of his case as well as
while acting before the court. He should conduct himself with self-respect. Whenever
there is a ground for complaint against a judicial officer, the advocate has a duty to
submit his grievance to the concerned authorities.
 The advocate must show his respect towards the Court. He/she has to keep in mind
that the dignity and respect towards the judicial officer are essential for the survival
of a free community.
Answer-3.

Section 3 of the Advocates Act mandates that there shall be a Bar Council for every
state, and it shall be called as Bar Council of that state. As per Section 5 of the Act,
every Bar Council shall be a body corporate with perpetual succession and common
seal. It can acquire and hold properties. It can sue or be sued. 
There shall be a Chairman and Vice Chairman of each Bar Council elected by the
Council. The Advocate – General of a state shall be ex-officio member of that State
Bar Council. There shall be fifteen members in a State Bar council if the electorate
doesn’t exceed five thousand. And it becomes twenty if the electorate ranges
between five thousand and ten thousand. There shall be twenty five members in the
Council if the number exceeds ten thousand. 
The members of the Council are elected through system of proportional
representation by means of the single transferable vote from amongst Advocates on
the electoral roll of the State Bar Council. As per Section 8 of the Act, the tenure of a
member shall be five years from the date of publication of the result. 
But if the Council fails to conduct an election before the expiry of the term, it may
extend such tenure by a maximum of six months by recording reasons in writing. As
per Section 10B of the Act, an elected member to the council may be disqualified on
the grounds that he was absent in consecutive meetings or his name is removed
from roll of Advocates or he is disqualified under any rules prescribed by Bar Council
of India.

Answer-4.

Ancient India:

In India during the earlier period, people live in small groups. The head of these groups or
tribes delivered justice under the open sky before all the members. There was no specialist
like a lawyer during those days. When kingship was established, the king delivered justice.
King was advised by his councilors. The law of those days was rooted in Hindu religion and
custom.
Medieval India:

During the Muslim period, there was the existence of the Legal profession, as the party of the
litigation appoints their vakils. This body decides the case and they were paid a percentage of
the amount in the suit. However, in this period the legal profession was not so organized.
Vakils performed their work as an agent for the principal but not as lawyers.
British India:

During the British period, the model legal system was developed in India. Before 1726, the
courts derived their power, not from the British Crown but the East India Company.
Charter of 1726:
The year 1726 marked the beginning of a new phase in the evolution of judicial
institutions in India. The mayor's courts were established in the presiding towns of
Bombay, Calcutta, and Madras, they were the royal courts. 
Indian High Courts Act, 1861:
Under this act, The British Crown issued the Charter to establish one High Court in each
presidency town. The civil Courts were organized in provinces also subsequently.
Indian Bar Council Act, 1926:
To give effect to some of the recommendations of the Indian Bar Committee 1923,
The Indian Bar Council Act was enacted in 1926. The main purpose of the act was to
provide for the constitution and incorporation of the Bar Council for certain courts,
to confirm powers and impose duties on such councils and also to consolidate and
amend the law relating to legal practitioners of such courts. A provision was made in
the act for the establishment of the Bar council for every high court. Every Bar
Council was to consist of 15 members. Four of such members were to be nominated
by the concerned High Court and 10 of them were to be elected by the Advocates of
the High Court from amongst themselves.

India After Independence:

All India bar Committee, 1951:


All India Bar Committee was constituted under the chairmanship of Justice S.R. Das.
The committee in its report recommended the establishment of an All India Bar
Council and State bar Council. It recommended the powers of enrollment,
suspension, or the removal of advocates to the Bar Council. Further recommended
that there should be no further recruitment of non-graduated pleaders or Mukhtars.
 
Advocates Act, 1961:
The central government enacted the Advocates Act in 1961. This act has been in
force in entire India. It brought revolutionary changes in the legal profession in India.
It sets out to achieve the utility and dignity of the profession of law on an All-India
basis. The preamble of the act says that the act amends as well as consolidates the
law relating to legal practitioners.

Answer-5.

HISTORY
After the Constitution of India was established on January 26, 1950, the Inter-University
Board passed a resolution emphasizing the need for an all-India Bar and the importance of
uniformly high standards for law examinations in different Universities. 
In May 1950,
 the Madras Provincial Lawyers Conference, held under the presidency of Shri S.
Varadachariar, resolved that a committee appointed by the Government of India should
evolve a scheme for an all-India Bar and amend the Indian Bar Councils Act such that it
conforms to the new Constitution. 
On April 12, 1951, Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament,
proposed a bill to amend the India Bar Councils Act. The Government of India
concluded that it was necessary for the Government to sponsor the Bill. In August
1951, a Committee of Inquiry was set up to consider the feasibility of a unified Bar in
India, the continuance or abolition of the dual system of counsel for each state,
possibility of a separate Bar Council for the Supreme Court and the revision of
enactments related to the legal profession.
In 1953, 
The All India Bar Committee submitted its detailed report on March 30, 1953. The
report contained the proposals for constituting a Bar Council for each state and an
All-India Bar Council at the national level as the apex body for regulating the legal
profession as well as to supervise the standard of legal education in India.
Meanwhile, the Law Commission of India had been assigned the job of preparing a report on
the reforms of judicial administration.
In 1961, 
To implement the recommendations of the All-India Bar Committee and taking into
account the Law Commission’s recommendations relating to the legal profession, a
comprehensive Advocates Bill was introduced in the Parliament which resulted in the
the Advocates Act, 1961.

Answer-6.

The Advocates Act of 1961,


Advocates roll
Every State Bar Council is required under Section 17 of the Advocates Act to establish and
maintain a roll of Advocates. It will be divided into two sections. 
The list of Senior Advocates is in the first section, while the other Advocates are in the
second. When more than one Advocate enrols on the same day, their names will be put in the
order of their seniority in age.
A person cannot register as an advocate with more than one Bar Council. For appropriate
reasons, a person whose name is enrolled in one state roll may appeal to the Bar Council of
India to have his name moved to another state roll. If there is no reasonable reason for the
transfer or disciplinary proceedings against him are pending, the application will be refused.
The State Bar Council shall transmit an authorized copy of the Advocates Roll for notifying
the same.
Than the Certificate for enrollment is provided
According to Section 22 of the Advocates Act, the State Bar Council shall provide a
certificate of enrollment in the proper form to any individual whose name is listed in the roll
of Advocates maintained by it under this Act. Any person whose name is on the state roll
must notify the State Bar Council concerned of any change in their place of business or
permanent residence within 90 days.

Qualification for Enrollment are provided hereunder:


The Advocates Act, Section 24, stipulates the following requirements for becoming an
Advocate. 
i.)He must be an Indian citizen. 
ii.)He had to be at least 21 years old. 
iii.)He must have completed either a 3-year legal course ((regular university studies after
graduation) or a 5-year integrated law course after 10 +2. If the legal degree is from a foreign
university, it must be recognized by the Bar Council of India under the Advocates Act. 
iv.)He must pay an enrollment fee that the State Bar Council may impose.
v.)He must also meet any additional requirements set down by the State Bar Council for
enrolling. 

Disqualification of enrolment are following:


Section 24 A provides for enrolment disqualification and, accordingly, The following people
are ineligible to become Advocates. 
i.)A person who has been convicted of a moral turpitude violation. 
ii.)A person convicted under the Untouchability (Offenses) Act of 1955. 
iii.)A person who has been fired or removed from government employment due to an
accusation of moral turpitude. The disqualification becomes null and void two years after his
release from prison or removal from service.
iv.)A person found guilty in the foregoing instances and receiving benefits under the
Probation of Offenders Act, 1958 is not disqualified. 
*If any advocate has died so the name of the advocate shall be removed
automatically from the enrollment.

Case law:
In Hani Raj L.Chulani v. Maharashtra Bar Council, it was determined that a person cannot
practise another profession in addition to the legal profession. A person with a legal degree
who works in another field is ineligible to become an Advocate. 
The Delhi High Court ruled in Anees Ahmad v. University of Delhi that no full-time law
professor earning a regular salary can practice as an advocate 

You might also like