Professional Documents
Culture Documents
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.
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.
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