Q1. Who is an Advocate and explain what are their professional ethics?

A person educated/learned in law and duly admitted to practice, who assists his client with
advice, and pleads for him in open court.
-Holthouse
Black Law’s Dictionary defines ‘Advocate’ as the one who assists, defends, or pleads for
another; one who renders legal advice and aid and pleads the cause of another before a
court. An Advocate is a person authorized to appear in a litigation on behalf of a party and
who possess a law degree, enrolled with the Bar Council in accordance to the prescriptions
laid by the Advocates Act, 1961.
Advocates form the only guild of people legally entitled to practice law. After being
authorized to appear in a case by a client who has signed a vakalatnama, the advocates
prepare cases and argues them in Court. Bombay and Calcutta High Courts have separate
class of legal practitioners, called Solicitors. While appearing before a bench in the
courtroom, an advocate is ought to dress in black and white and wears a band and gown.
Any complaint against an advocate is made to the Bar Council of India.
Advocate on Record
An Advocate on Record is the one who has cleared or qualified the assessment examination
conducted by the Supreme Court of India. The examination is taken by an advocate who has
been enrolled with the Bar Council for at least five years and has completed one year
training with an Advocate on Record of not less than five years standing. All the procedural
aspects of a case are dealt with by the him, with the assistance of a registered clerk. He is
accountable, by the Court, for the conduct of the case. Any notices and correspondence
from the Court are sent to the him and not to the party.
Amicus Curiae, stands for ‘friend of the Court’ is a Latin phrase for the advocate who
appears in his own capacity when asked to help with the case by the Court or on
volunteering services to the Court.

Ethics is the activity of man directed to secure the inner perfection of his own
personality. – Albert Schweitzer
Fundamental prerequisite of any profession is good ethics. Ethics denotes to human
behaviour to make decisions between what is correct and what is wrong. Professional ethics
are those set code or moral principles that govern a person's conduct in a professional
workplace or work life. In the legal profession, a lawyer must obey to professional codes for
fair dealing with the client and uphold the self-possession. The Indian government has
established a statutory body known as The Bar council of India under the Advocate
Act,1961.

Q2. Explain the duties of Advocate towards court and fellow / towards client
and opponent?
Lawyers Duty towards Court
Duties of Advocates to courts are:
# to maintain a respectful attitude and dignity towards courts.

# not to impact on the decision of a court by any unlawful or inappropriate means.

# use his best effort to avoid his client from doing unfair practices.

# to appear in the court in the prescribed dress, and a presentable manner.

# to wear bands or gown in courts only or ceremonial occasions and not in public
places.

# not to plead in any matter in which he is himself interested.

# if he is a member of the any Executive Committee of organization or corporation

than he cannot appear in or before any court or any other authority or represent the
case of that organization.

Lawyers duty towards client

Duties of Advocate to the client are:
# once accepted than cannot withdraw from actions or engagements, without
appropriate cause.

# should not accept and appear in a case in which he has reason to believe that he will
be a witness.

# to make full disclosure against his connection with the parties or interest before the
commencement of engagements or during the process.

# support the interests of his client by all moral means.

# not to overpower any material or evidence, which shall prove the innocence of the
accused.
# not to reveal the communications or talk made by his client to him.

# not to charge for his services depending on the success of the matter taken.

# does not adjust fee payable to him by his client against his liability to the client.

# to keep proper accounts of received money from clients and to provide a copy of
statements to clients also and in case of cancellation of proceedings, adjust the fee.

# and cannot make payments in favour of clients or cannot lend money to him for
legal proceedings.

# if he has advised the party in a matter with the institution of suits, then he cannot
appear for the opposite party for the same matter.

Lawyers Duty towards the Opponent

An advocate has some responsibilities to opponents, also such as:
# he cannot communicate or negotiate with any party represented by an advocate
except through that Advocate upon the subject matter of conflict.

# to carry out all valid promises made to the opposite party.

Lawyers Duty towards Colleagues

# an advocate has an obligation to colleagues that he will not solicit work or advertise,
either directly or indirectly. The sign-board or name-plate should be of a reasonable
size, and that board will not show that he is a member on bar council or he is or has
been president of bar council or he is or has been with some organization or with
matters of particular specialization etc.

# he shall not be allowed to use his name in aid or professional service.

# when a client can pay the fee than he will not accept a fee lass than taxable under
rules.

# not enter in the appearance of any case in which there is already a memo was filed
by an advocate, except with his consent or parties' consent.
Q3. What is Bar and Bench relationship?
Introduction
For the administration of Justice, the judicial system is composed of the judges and the
advocates who assist the judiciary in dispensing justice through discharging their duties. The
Bar and the Bench are two elements of the same system, and without them, justice cannot
be efficiently administered in the courts.
 Bar – Advocates are registered by the State Bar Council as such after receiving their
degree of L.L.B from a university and receiving a specific amount of training under
the supervision of an advocate as stipulated by the rules. The advocates are
collectively referred to as the ‘Bar,’ and an advocate is designated as the
representative of the Bar. For the most part, the term “Bar” refers to an association
of attorneys who are licensed to practice in the courts, or a specific court, of any
state.
 Bench – The term “bench” refers to all of the judges taken together, as opposed to
the term “Bar,” which refers to all members of the legal profession. The term
“bench” also refers to the key component of the court deemed in its official capacity
while the judges are sitting. The term ‘Bar’ was originally used to refer to the part of
the court that dealt with attorneys. However, the term is now used to refer to the
part of the court that deals with judicial officers, which is known as the Bench.
The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law. Both are subordinate to and interrelated to one another in their
respective roles. In law, the term “Bar-Bench relationship” pertains to the friendly
relationship that advocates have with judges. The Bar (advocates) and the Bench (judges)
both play critical roles in the administration of justice. Maintaining cordial relations between
the Bench and the Bar requires respect and understanding on both sides of the bench and
bar.
Bar-bench relations : an overview
 When it comes to democratic institutions, the independent judiciary is a pillar of
stability, and the bar is the cornerstone of that stability. The Bench reflects the
appearance, character, and behavior of the judges as the bench is considered to be a
mother and a bright mirror for the judicial officers.
 Those who practice law are just as much a part of the justice delivery system as the
judges themselves, and it is the closest possible harmony between the Bar and the
Bench that will produce the best results in accomplishing the targets embodied in
our Constitution. The Bar and the Bench are two opposing sides of the same coin, as
the saying goes. The administration of justice cannot be successful unless there is
unity between the Bar and the Bench. Otherwise, the required outcomes to maintain
the grandeur of the institution will not be achieved.
 An advocate’s scandalizing of the court is truly despoiling the very foundations of
justice, and such behavior by an advocate tends to bring dishonor to the entire
administration of justice. The behavior of an advocate towards the court is always
one of uniform reverence, regardless of the status of the court in which the case is
being heard. The advocate’s personal view of the judge must not be shown in his
conduct because he has a responsibility to maintain the respect of the judiciary as a
professional organization. At the same time, it is the responsibility of the judiciary
not only to be courteous to members of the Bar but also to do everything in their
power to progress the high traditions of the profession.
 Contempt of court can be imposed on a lawyer or a judge for their discourteous
behavior or misbehavior. There are two types of contempt of court: civil contempt
and criminal contempt. Consider the following examples: using derogatory language
against an individual judge, harassing him with transfer or removal from office,
casually addressing the judge, questioning his authority to ask questions, or making
disgraceful accusations against an individual judge. It is considered to be contempt
of court. He is responsible for his uncourteous behavior and may be prosecuted for
contempt of court.
The opinion about the Bar and Bench relationship has been laid down in the case of P.D.
Gupta v. Ram Murthi and others(1997) in which the primary focus was on how the
relationship between the Bar and the Bench affects the administration of justice.
Facts: Shri Kishan Dass passed away, leaving behind a large amount of immovable property.
Several people made claims to the deceased’s property, including one Vidyawati, who
claimed to be the deceased’s sister, one Ram Murti, and two other people who claimed to
be the deceased’s heirs, among other things. Later, the advocate for Vidyawati bought the
aforementioned properties, knowing full well that they were in dispute. In the following
months, the attorney made a profit by selling the property to a third party. A grievance
against the lawyer was filed with the Delhi Bar Council, which resulted in the attorney being
suspended.
Held: Because the disciplinary committee of the Bar Council of Delhi was unable to resolve
the complaint within a year, the hearings were relocated to the Bar Council of India
under Section 36-B of the Advocates Act, which provides that the complaint must be
resolved within one year. The Bar Council of India’s disciplinary committee put him on trial
for professional misconduct and expelled him from practicing law for one year.

Q4. Discuss in detail what is contempt of court?

What Is Contempt of Court?
Contempt of court is an act of disrespect or disobedience toward a court or interference
with its orderly process.

KEY TAKEAWAYS

 Contempt of court is a legal violation committed by an individual who disobeys a

judge or otherwise disrupts the legal process in the courtroom.
 Contempt of court is broadly classified into two categories: criminal versus civil, and
direct versus indirect.
 Contempt of court contains four essential elements under Title 18 of the United
States Code.1
 If the four criteria are met, a judge may hold the violating person in contempt of
court, which carries a range of punishments, including monetary fines and jail time.
 Any individual in the courtroom, from defendants or plaintiffs to witnesses or
lawyers, is capable of being held in contempt of court. 1
Understanding Contempt of Court
Contempt of court contains three essential elements under Title 18 of the United States
Code:2

1. Misbehavior of any person in its presence or so near thereto as to obstruct the

administration of justice;
2. Misbehavior of any of its officers in their official transactions;
3. Disobedience or resistance to its lawful writ, process, order, rule, decree, or
command.

Contempt of court is broadly classified into two categories: criminal versus civil, and direct
versus indirect.3 As criminal contempt is a crime in the ordinary sense, such contempt
charges are punitive—involving fines or imprisonment—and are separate from the
underlying case being heard. Civil contempt charges are aimed at compelling future
compliance with a court order and can be avoided through obedience.

Direct contempt occurs in the presence of the court, while indirect contempt occurs
outside the court’s presence.

Judges have wide latitude in deciding whom to hold in contempt of court, as well as the
type of contempt. An act of disrespect, disobedience, defiance, or interference by any of
the parties involved in a legal proceeding—from witnesses and defendants to jurors and
lawyers—can be considered as contempt of court. 1
Special Considerations
Exponential growth in the use of online tools and social media has resulted in new
challenges for the justice system. In order to ensure juror impartiality and avoid the
possibility of a mistrial, the courts have always instructed jurors to refrain from seeking
information about cases apart from evidence introduced at trial, and also to avoid
communication about a case before a verdict is reached.

In 2010, a Reuters Legal study found that at least 90 verdicts in the United States since
1999 had been the subject of challenges because of internet-related misconduct by jurors. 4
In the past, jurors have been jailed for contempt of court for using the internet while
serving on the jury. In 2011, a juror in the United Kingdom was jailed for eight months—
becoming the first juror in the country to be prosecuted for internet-related contempt of
court—after she exchanged messages with a defendant on Facebook (now Meta), causing a
multi-million-pound trial to collapse. 5

Two years later, in 2013, two jurors in the U.K. were jailed for two months on contempt of
court charges after one of them made comments on Facebook about the defendant, while
the other conducted online research on the case he was involved in as a juror. 6

Example of Contempt of Court

The case of Martin A. Armstrong is a famous example of civil contempt of court. Armstrong,
a former financial advisor who founded a firm known as Princeton Economics International,
was accused of a $3 billion Ponzi scheme by the U.S. government in a civil suit of securities
fraud.7

In January 2000, he was ordered by a federal judge to turn over to the government about
$15 million in gold bars, rare coins, and antiquities. Armstrong claimed that he did not have
the assets, and his repeated inability to produce them resulted in him being jailed for seven
years on various criminal acts, along with fines associated with contempt of court
charges.8 9

In April 2007, Armstrong was sentenced to five years in jail after pleading guilty to one
count of conspiracy to hide trading losses amounting to hundreds of millions of dollars. 7 He
was released from prison in March 2011.

Q5. What are the functions of Bar Council of India? The Bar Council of India is a
statutory body created by Parliament to regulate and represent the Indian bar. We
perform the regulatory function by prescribing standards of professional conduct and
etiquette and by exercising disciplinary jurisdiction over the bar. We also set standards
for legal education and grants recognition to Universities whose degree in law will
serve as qualification for enrolment as an advocate.

In addition, we perform certain representative functions by protecting the rights,

privileges, and interests of advocates and through the creation of funds for providing
financial assistance to organize welfare schemes for them.
The Bar Council of India (BCI), headquartered at Delhi is a constitutional body
formed under the Advocates Act, 1961. BCI regulates legal education and
professional standards in India including directing the state bar councils, standardizin
law education, and course the framework at the universities and law colleges in India
as well as conducting the All India Bar Examination (AIBE) to grant 'Certificate of
Practice' to advocates practicing law in India. BCI also funds welfare schemes for
economically weaker and physically handicapped advocates. The law graduates have
to enroll with their state's bar council on payment of Rs 600 and Rs 150 to the BCI.
Functions of Bar Council:
The Bar Council of India was established by Parliament under the Advocates Act, 1961. The
following statutory functions under Section 7 cover the Bar Council's regulatory and
representative mandate for the legal profession and legal education in India:
 To lay down standards of professional conduct and etiquette for advocates.
 To lay down the procedure to be followed by its disciplinary committee and the
disciplinary committees of each State Bar Council.
 To safeguard the rights, privileges and interests of advocates.
 To promote and support law reform.
 To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
 To promote legal education and to lay down standards of legal education. This is
done in consultation with the Universities in India imparting legal education and the
State Bar Councils.
 To recognize universities whose degree in law shall be a qualification for enrolment
as an advocate. The Bar Council of India visits and inspects Universities, or directs the
State Bar Councils to visit and inspect Universities for this purpose.
 To conduct seminars and talks on legal topics by eminent jurists and publish journals
and papers of legal interest.
 To organize legal aid to the poor.
 To recognize a reciprocal basis, the foreign qualifications in law obtained outside
India for admission as an advocate in India.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members who shall run the Bar Councils.

The Bar Council of India can also constitute funds for the following purposes:
 Giving financial assistance to organize welfare schemes for poor, disabled, or other
advocates,
 Giving legal aid, and
 Establishing law libraries.
The Bar Council of India can also receive grants, donations, and gifts for any of these
purposes.
Q. WHAT IS WRIT AND EXPLAIN THE DIFFERENT TYPES OF WRIT.

What is Writ?
Writs are a written order from the Supreme Court or High Court that commands
constitutional remedies for Indian Citizens against the violation of their fundamental
rights. Article 32 in the Indian Constitution deals with constitutional remedies that an
Indian citizen can seek from the Supreme Court of India and High Court against the
violation of his/her fundamental rights. The same article gives the Supreme Court
power to issue writs for the enforcement of rights whereas the High Court has the
same power under Article 226. The writs- Habeas Corpus, Mandamus, Certiorari, Quo
Warranto, and Prohibition form an important topic for IAS Exam and its three stages-
Prelims, Mains, and Interview.
This article will mention the types of writs that come under the original jurisdiction of
the Supreme Court and High Courts, forming an important part of IAS Mains GS-II
and Political Science optional paper of the UPSC Exam.

Types of Writs in India

The Supreme Court of India is the defender of the fundamental rights of the citizens. For
that, it has original and wide powers. It issues five kinds of writs for enforcing the
fundamental rights of the citizens. The five types of writs are:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto

Aspirants should go through these writs one-by-one as all of these are important for UPSC
prelims and UPSC Mains and can help score well if understood with clarity.

Habeas Corpus
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to
enforce the fundamental right of individual liberty against unlawful detention.
Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested
another person to bring the body of the latter before the court.
Facts about Habeas Corpus in India:

 The Supreme Court or High Court can issue this writ against both private and public
authorities.
 Habeas Corpus can not be issued in the following cases:

 When detention is lawful

  When the proceeding is for contempt of a legislature or a court
 Detention is by a competent court
 Detention is outside the jurisdiction of the court

Mandamus
The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the
public official who has failed to perform his duty or refused to do his duty, to resume his
work. Besides public officials, Mandamus can be issued against any public body, a
corporation, an inferior court, a tribunal, or government for the same purpose.
Facts about Mandamus in India:

 Unlike Habeas Corpus, Mandamus cannot be issued against a private individual

 Mandamus can not be issued in the following cases:

 To enforce departmental instruction that does not possess statutory force

 To order someone to work when the kind of work is discretionary and not
mandatory
 To enforce a contractual obligation
 Mandamus can’t be issued against the Indian President or State Governors
 Against the Chief Justice of a High Court acting in a judicial capacity
For more on the writ of mandamus, click on the linked article.

Prohibition
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a
Prohibition writ against a court that is lower in position to prevent the latter from exceeding
its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.
Facts about Prohibition in India:

 Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
 It can’t be issued against administrative authorities, legislative bodies and private
individuals or bodies.

Certiorari
The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ
is issued by a court higher in authority to a lower court or tribunal ordering them either to
transfer a case pending with them to itself or quash their order in a case. It is issued on the
grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents
but also cures for the mistakes in the judiciary.
Facts about Certiorari in India:

 Pre-1991: The writ of Certiorari used to be issued only against judicial and quasi-
judicial authorities and not against administrative authorities
  Post-1991: The Supreme Court ruled that the certiorari can be issued even against
administrative authorities affecting the rights of individuals
 It cannot be issued against legislative bodies and private individuals or bodies.

Quo-Warranto
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme
Court or High Court issue this writ to prevent illegal usurpation of a public office by a
person. Through this writ, the court enquires into the legality of a claim of a person to a
public office
Facts about Quo-Warranto in India:

 Quo-Warranto can be issued only when the substantive public office of a permanent
character created by a statute or by the Constitution is involved
 It can’t be issued against private or ministerial office
Note: This writ gives the right to seek redressal to any individual other than the aggrieved
person.
General Facts about Writs in India:

 Article 32 also empowers Parliament to authorize any other court to issue these
writs
 Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to
issue the writs
 Article 226 empowers all the High Courts of India to issue the writs
 Writs of India are borrowed from English law where they are known as ‘Prerogative
writs’

Q. WHAT IS THE PROCEDURE FOR ENROLLMENT AND DISQUALIFICATION OF

AN ADVOCATE
Introduction

According to Section 2 (1) (a) of the Advocates Act, 1961 advocate means a person who is
enrolled as an Advocate under the Advocates Act, 1961. To enrol as an advocate in the
territory of India under the Advocates Act, 1961 firstly the candidate needs to enrol under
the State Bar Council. Section 3 of the Advocates Act, 1961 a state bar council was set up as
governing body of the advocates enrolled in those territories which are covered by such
State bar council.

Qualification required:

Section 24 of the Advocates Act, 1961 provides exclusively provides the qualification that a
candidate needs to possess in order to enrol in the Bar council. The section possesses the
following qualification to need to be meet as a criterion:-
1. He/ she must be a citizen of India. (if the national; of any other country want to enrol as an
advocate in any state roll in India then he can be enrolled only if a national of India can
practice law in that other country.)
2. The candidate must attain the age of twenty one (21) years of age.
3. The candidate must acquire a degree in law from the university which is recognized by the
Bar Council of India and if the candidate is a foreign national then he/ she must obtain the
degree in law from the foreign university which is recognized by the Bar Council of India.
4. The candidate must possess or fulfils all the other conditions which need to be fulfilled by
the concerned state roll.

Enrollment Procedure to enrol as an Advocate

An advocate needs to enrol under the state bar council before appear in the examination
conducted by the Bar Council of India. The Advocates Act, 1961 provides that the state bar
councils or the state rolls have the flexibility to frame their own rules and regulation which
they deemed to think fit, and those provisions or regulations must be in compliance with
the Bar Council of India.

Enrolled as an advocate under Bar Council of Delhi

To enrol under the state bar council following procedure must be followed (the following
procedure is discussed in the context of Enrollment under Bar Council of Delhi):-

Step 1:- Obtain Enrollment Application Form

For the Enrollment purpose, the applicant/ candidate needs to buy an enrolment form for
the sum of Rs 1000 from either the head office of the bar council of Delhi or from the
branch offices or it can be acquired from the law library of the bar council.

Step 2:- Documents required to be submitted

The next step states that the candidate needs to fill the Enrollment application form along
with the Identity card and Form v (Delhi advocates welfare fund). The Enrollment form must
be accompanied by the following documents:

 Degree in Law (LLB) or the provision degree issued in lieu of such degree and the degree or
the provisional degree must be submitted in original.
 Copies of the mark sheet of all the semesters. The copies must be self attested.
 If the candidate has attained three years LLB degree then such a candidate must provide the
degree of graduation (in the field of arts, commerce, or science); or the provisional degree
issued in lieu of the degree.
 The copies of the mark sheet for each semester of the graduation also need to be submitted
along with the degree or the provisional degree. The copies must be a self attested.
 Self-attested copy of the 12th Standard mark sheet along with the 12th certificate must be
submitted.
 Self attested copy of the 10th standard mark sheet along with the certificate need to be
submitted.
 A copy of the document as proof of residence (it can be of aadhar card, voter ID card,
driving license, PAN card, or any other reliable document.)
 A statement of declaration as proof of attaining 66% of the attendance in the whole
duration of LLB (3 years or 5 years) which is acquired from the concerned college/ university
must be submitted.
 The character certificate obtained from the college/ university must be submitted.
 If there is a gap in Enrollment then an affidavit for the explanation for such a gap must be
submitted.
 An affidavit of the intended place of practice must be submitted. (The affidavit is made on Rs
10 Non Judicial paper).
 If the candidate indulged in any occupation, trade, or business prior to being enrolled as an
advocate then proof of such occupation and its cessation must be submitted.
 Five passport size photographs [(in the black coat, white shirt, and black tie) attested by one
of the advocates who fills the certificate of good moral character in the Enrollment form]
must be submitted.

Note: the advocate who is filling the certificate of good moral character must be enrolled
under the Bar Council of Delhi for at least 10 years.

Step 3:- Submission of the Document

After filling the form the candidate must reach the head office of the Bar Council of Delhi at
Siri Fort. There the candidate must obtain an envelope from there and put the documents
and the passport size photographs in that envelope. The documents must be punched and
tied in the order specified in the Enrollment form.

Then approached the help desk for the Enrollment for the verification purpose. After
verifying the document the officer provides you a four fold challan of green color. The
candidate needs to fill the challan and move towards the accounting department.

Step 4:- Paying the Requisite Fees

There the candidate will be provided four challans of IDBI bank. Then the candidate will be
moved forward to the next building which is of IDBI Bank. Then the respective amount of
the four challans need to be submitted to the banker or the cashier present over there.
After depositing the amount the candidate must collect the receipt of such challans.

Step 5:- Submitting the Identity Card and Advocate’s Welfare Fund

Now the candidate again went to the Bar Council Head office and submitted the receipt of
challans along with the welfare fund form and identity card form.

Step 6:- Registering for Al India bar Examination

After 15-30 days the candidate must collect the provisional certificate and provisional
identity card as both the documents are required to apply for the All India Bar Examination
(AIBE).
 Step 7:- Getting the certificate of participation

After clearing the AIBE exam the candidate gets their certificate of Practice after 6 -8
months.

Step 8:- Enrolled as an advocate

The candidate headed towards the basement of the Bar Council of Delhi office to collect the
certificate of Practice along with the identity card form by paying the respective fees. After
submitting the form the candidate will get the permanent identity card of his/ her advocate
Enrollment and the candidate is free to practice as an advocate.

Disqualification for enrolment

Section 24A speaks about disqualification for enrolment. The section says that, no person
shall be admitted as an Advocate in a State Roll-

 If he is convicted for an offence involving moral turpitude.

 If he is punished for an offence under Untouchability (Offences) Act.
 If he was dismissed or removed from an employment or service under the State for an
offence involving moral turpitude.

However, such disqualification will cease to have effect after the lapse of two years since his
removal or dismissal or release. Also the Bar Council of India is empowered to remove the
name of a person from State Roll, if it is satisfied that he got his name entered through
misrepresentation or undue influence or fraud.

As per Section 30 of the Act, an Advocate whose name entered in a State Roll shall have a
right to practise-

 In all courts including Supreme Court.

 Before any tribunal or person legally authorised to take evidence.
 Before any other authority or person before whom such advocate is entitled to practise
under any law for the time being in force.

But as per Supreme Court Rules, only an Advocate on Record can appear, plead and address
the Supreme Court.

Nevertheless, High Courts are empowered to make rules regarding the conditions as to
which an Advocate shall be permitted to practise before such High Court and Courts
subordinate to it.

The rules made by Bar Council of India under Section 49 (1) (ah) of the Act provide that an
Advocate who voluntarily suspends his practice for any reason whatsoever shall intimate
the matter to State Bar Council.

The intimation shall be done through a registered post, accompanied with the certificate of
enrolment. An Advocate who wants to resume his practice after suspension shall apply to
the Secretary of State Bar council. It shall be accompanied by an affidavit stating whether he
has incurred any disqualification during the period of suspension.

The application will be scrutinised by the Enrolment Committee. If the application is

accepted, the certificate surrendered by the applicant will be returned to him. If the
Committee thinks that, the applicant has incurred any disqualification it shall refer the
matter to Bar Council of India.

Bar Council Rules provide that a practising Advocate shall not engage in any other
employment. The rule originates from the notion that legal profession requires full attention
from a person who intends to practice it. It is a reputed profession which one cannot do as a
side business.

However an Advocate can be a sleeping partner, part of a business entity as long as he

doesn’t participate in its management, holder of an inherited property etc.
Advocates Act, 1961
Introduction
The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by
the British Parliament enabled the Crown to establish High Courts in India by Letters
Patent and these Letters Patent authorized and empowered the High Courts to make
rules for advocates and attorneys (commonly known as Solicitors). The law relating to
Legal Practitioners can be found in the Legal Practitioners Act, 1879 (18 of 1879), the
Bombay Pleaders Act, 1920 (17 of 1920) and the Indian Bar Councils Act, 1926 (38
of 1926).
After Independence it was deeply felt that the Judicial Administration in India should
be changed according to the needs of the time. The Law Commission was assigned the
job of preparing a report on the Reform of Judicial Administration. In the mean while
the All India Bar Committee went into detail of the matter and made its
recommendations in 1953. To implement the recommendations of the All India Bar
Committee and after taking into account the recommendations of the Law
Commission on the subject of Reform of Judicial Administration in so far as the
recommendation relate to the Bar and to legal education, a Comprehensive Bill was
introduced in the Parliament.
Statement of Objects and Reasons
The Bill seeks to implement the recommendations of the All India Bar Committee
made in 1953, after taking into account the recommendations of the Law Commission
on the subject of Reform of Judicial Administration in so far as the recommendations
relate to the Bar and to legal education.
The main features of the Bill are, -
1. The establishment of an All India Bar Council and a common roll of advocates, and
advocate on the common roll having a right to practice in any part of the country and
in any Court, including the Supreme Court;
2. The integration of the bar into a single class of legal practitioners know as
advocates;
3. The prescription of a uniform qualification for the admission of persons to be
advocates;
4. The division of advocates into senior advocates and other advocates based on merit;
5. The creation of autonomous Bar Councils, one for the whole of India and on for
each State.
Following the recommendations of the All India Bar Committee and the Law
Commission, the Bill recognized the continued existence of the system known as the
dual system now prevailing in the High Court of Calcutta and Bombay, by making
suitable provisions in that behalf: It would, however, be open to t he two High Courts,
if they so desire, to discontinue this system at any time.
The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926,
and all other laws on the subject.