@the_lawgical_world

Professional Ethics
and Professional
Accounting System

By

@The_Lawgical_World

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Professional Ethics and Professional Accounting System .....................................1

SYLLABUS ................................................................................................................................................. 3
Unit-I ..........................................................................................................................................................4
Introduction ................................................................................................................................... 5
Development of Legal Profession in India ............................................................................. 7
The Advocates Act, 1961 ......................................................................................................... 18
Right to Practice — a right or privilege? ...............................................................................54
Constitutional guarantee under Article 19(1) (g) and its scope .....................................63
Enrolment and Practice ............................................................................................................ 66
Regulation governing enrolment and practice ...................................................................74
Practice of Law ............................................................................................................................79
Solicitors firm ...............................................................................................................................84
Elements of Advocacy ...............................................................................................................89

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SYLLABUS

Unit-I: Development of Legal Profession in India — The Advocates Act,

1961 — Right to Practice — a right or privilege? - Constitutional
guarantee under Article 19(1) (g) and its scope — Enrolment and
Practice — Regulation governing enrolment and practice — Practice
of Law — Solicitors firm — Elements of Advocacy.
Unit-II : Seven lamps of advocacy— Advocate’s duties towards public,
clients, court, and other advocates and legal aid ; Bar Council Code of
Ethics.
Unit-III: Disciplinary proceedings — Professional misconduct —
Disqualifications — Functions of Bar Council of India/State Bar
Councils in dealing with the disciplinary proceedings —Disciplinary
Committees -- Powers and functions - Disqualification and removal
from rolls.
Unit-IV: Accountancy for Lawyers — Nature and functions of
accounting — Important branches of accounting — Accounting and
Law – Bar Bench Relations.

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Unit-I

Development of Legal Profession in India — The Advocates Act, 1961

— Right to Practice — a right or privilege? - Constitutional guarantee
under Article 19(1) (g) and its scope — Enrolment and Practice —
Regulation governing enrolment and practice — Practice of Law —
Solicitors firm — Elements of Advocacy.

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Introduction

The profession of law is one of the oldest and noblest

professions. The person in the legal profession is called an
advocate or lawyer. An advocate is an officer of justice and a
friend of the court. The central function that the legal
profession must perform is nothing less than the
administration of justice. An advocate assists the parties in
drafting economic transactions like contracts, agreements,
deeds, wills, etc. An advocate should provide free legal aid to
the poor and deserving people on compassionate grounds.
Professional ethics consist of an ethical code of conduct
of persons in the field of legal sector and persons who
practice law.
Professional ethics consists of those fundamental values
on which the profession has been built. Legal ethics is one of
the professional ethics which lays down certain duties for the
observance of its members, which he owes to the society, to
the court, to the profession, to his client and to himself.
It means a code of rules which regulates the behaviour
and conduct of a practicing lawyer towards himself, his client,
his opposite party, his counsel and of course towards the
court. Ethics means principles of behaviour which are applied
to an ordinary citizen in the society shall be the standards of
morals for a lawyer too.
The practicing lawyer shall have the social responsibility
and dignity of the legal profession and high standard of

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integrity and efficient service to his client as well as for public

welfare.
Professional ethics demands not to disclose any secrets
of his client or indulge in any unfair practice. Professional
ethics 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 rules that govern the professional conduct comes
out from the duties they owe to the Court, the Client, their
opponents, and other advocates.
Professional ethics might be characterized as a set of
principles composed or unwritten for controlling the conduct
of a rehearsing legal advisor towards himself, his customer,
his enemy in law, and towards the court.
Accordingly, the ethics of legal profession implies the
body of the standards and practice which decide the expert
direction of the individuals from the bar. The primary object of
the ethics of the legal profession is to keep up the poise of
legal professionalism and the amicable connection between
the Bench and Bar. The fundamental aims of legal ethics is to
maintain the honour and dignity of the law profession, to
secure a spirit of friendly co-operation between the Bench
and Bar in the promotion of highest standards of justice, to
establish honourable and fair dealings of the council with his
client opponent and witnesses; to establish a spirit of

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brotherhood in the Bar itself, and to secure that lawyers

discharge their responsibilities to the community generally.

Development of Legal Profession in India

The legal profession is an important branch of the

administration of justice mechanism. Without a well-
organized legal profession, the courts would not be in a
position to administer justice effectively, as the evidence for
or against the parties to a lawsuit cannot be adequately
gathered, the facts cannot be adequately expressed, and the
best legal arguments in support of or against the case of the
parties cannot be presented in court.
The pre-constitutional legal framework had to go
through a modification in the scene of the struggle of the
people of India to achieve their liberation from the colonial
rulers and the eventual takeover of a Democratic-Republican
Constitution.
The legal profession, which developed out of colonial
India, has seen great variation since its independence. The
hard work of the members of the bar to achieve excellence in
all areas of their practice through rigid competition is not only
evident in each of their confrontations with new challenges
due to technological and other growth, but also in the
recognition received by them in the world.
Development of Legal Profession in India:
Development of the legal profession In India can be
divided into the Four phases:

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 Legal profession in Ancient India

 Legal Profession in Medieval India
 Legal profession in British India
 Legal profession in India after Independence.
History of the legal profession in India
The history of the legal profession in India can be traced
back to the establishment of the First British Court in Bombay
in the year 1672 by the respective Governor Aungier.
Admissions of attorneys were placed in the hands of the
Governor in Council and not in Court.
Before the establishment of the Greater Courts in 1726
in Madras and Calcutta, there were no legal experts in India.
There was no established legal profession until the
establishment of the Mayor’s Court. Lawyers lacked legal
training, and some of the mayor’s court officials were
dismissed servants of the British East India Company. There
were some years that played an important role in the creation
of courts in India.
1. The legal profession in ancient India
In ancient India, people lived in small groups. The heads
of these groups or tribes pronounced justice in public before
all members. Arguments were presented openly. In those days,
there were no specialists like lawyers. When kings established
themselves in society, they dispensed justice. At the royal
court, the king was advised by his advisors. The law of those
days had its roots in Hindu religion and customs. Dharma was

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protected by the king. Though there were no bar associations,

some intellectuals ensured justice.
From the stories of Maryada and Vikramaditya, who
were the sage, solved the critical cases of those days. During
those days, the sufferer presented complaints before the king
and the king with the help of his religious heads and wise
courtier delivered the judgment. For a time, religious leaders
dominated society in the administration of justice. In those
days, the victim filed a complaint with the king and later the
court summoned the accused to present his response. The
court then investigated the matter based on the evidence. The
king followed the advice of the religious leaders and wise
courtiers and then passed his sentence.
2. The legal profession in 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. The Court has the
authority to determine who needs to be allowed to seem as
Vakils. Vakils performed their work as an agent for the
principal but not as lawyers.
3. The legal profession in British India
During the British period, the current legal system
evolved in India. Before 1726, the courts derived their power,
not from the British Crown but the East India Company.

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Mayors court:
In the Charter of 1726, which established the Courts of
the Mayor’s Office in the three cities of the Presidency, no
specific provision was made that established particular
requirements for the persons who would have the right to act
or advocate as lawyers in these courts. Presumably, these
courts were left to regulate this matter by rules of practice
that these courts were authorized to frame.
No change was made to this position when a new
Charter was issued in 1753. No organized legal profession
emerged in the Presidential Cities during the period of the
court of the Mayor. Those who practiced law lacked legal
training or legal knowledge. They had adopted the profession
for want of something better to do. Many of these alleged
attorneys were dismissed employees of the Company.
Madras and Bombay regulations
Madras Regulation XIV of 1816 was inspired by Bengal
Regulation XXVII of 1814. It provided some decentralization
of the powers of the courts over Vakils. In Bombay, Regulation
XIV of 1802 was a consolidating regulation based entirely on
the Bengal regulation verbatim with minor variations here and
there.
Further consolidation of the regulations relating to
lawyers was affected by Regulation I of 1827, which repealed
all previous Regulations on the subject. The Regulations went
far beyond the Bengal regulations, for example, every duly
qualified person had the right to obtain sand to practice

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without any admitted reference to practice in court, and

henceforth any qualified person of good character was
promulgated between the Vakil and the client was recognized
and a lawyer could agree with his client a higher or lower rate
than the established rate.
Mukhtars, and Revenue Agents
For an extended time, unlicensed decrease grades of
practitioners functioned with-inside the mofussil, called
mukhtars, who practiced in criminal courts and acted as legal
professionals for the leaders. There also are appearing
revenue sellers in sales workplaces. All of those had been
identified and taken beneath neath the management of the
courts for the primary time via Act XX of 1865, Mukhtar and
Revenue Agents.
The Superior Courts had been legal to dictate the
guidelines for the qualifications, admission, and registration of
the proper persons be the leader, Mukhtars, for the charge to
be paid for the exam, admission, and registration. Tax sellers
operating in tax places of work and courts additionally
obtained the fame of legal professionals beneath neath this
law. They had been taken into consideration to be the bottom
grade and did now no longer play a vast function with inside
the improvement of the legal profession.
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,

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Calcutta, and Madras, they were the royal courts. The courts
heard all civil suits, action pleas between parties, they
followed the procedure based on English law. But there were
no facilities to get the legal training. Many persons who do not
know law were used to practice before the said courts. The
Mayor’s court has no jurisdiction in criminal cases. The
criminal jurisdiction was conferred on the governor.
Charter of 1753:
It was issued to modify the charter of 1726. This charter
also ignored significant provisions for legal training and
education relating to legal practitioners and as such, after this
charter also the legal profession was not organized.
Charter of 1774:
The British crown issued a charter in 1774 by which the
Supreme Court of judicature was established at Calcutta.
Clause 2 of the Charter empowered the said Supreme Court
to approve and enroll advocates and Attorney-at-law. The
Supreme Court had powers to remove any advocate or
Attorney on reasonable cause.
Even the Charter of 1774 didn’t provide for the
appearance of the Indian Legal Practitioners to appear and to
plead before the Supreme Court.
‘Advocate’ means British and Irish Barristers.
‘Attorney’ means the British Attorney or Solicitor.
The Bengal Regulation Act of 1793:
This act for the first time provided for a regular legal

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profession for the company’s court. Under the regulation, only

Hindu and Muslims were entitled to be enrolled as pleaders.
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.
Legal Practitioners Act, 1879:
It was enacted to consolidate and amend the law relating
to legal practitioners. It provided that an Advocate or vakil on
the roll of any high Court can practice in all the courts
subordinate to the courts on the role of which he was entered.
According to this Act, the High court was empowered to
make rules consistent with the act as to suspension and
dismissal of pleaders and mukhtars. Pleaders and Mukhtars
were the Indian lawyers, but advocates were to be the
barristers.
Indian Bar Committee 1923:
It was constituted under the Chairmanship of Sir Edward
Chamier. It was to consider the issue of the organization of
the bar on an Indian basis. The committee didn’t favor the
establishment of the All-India Bar Council. It was of the view
that a bar council should be constituted for each High Court.
The committee suggested that in all High Courts, a single
grade of the practitioner should be established, and they
should be called Advocates. It further suggested that the Bar
committee should have the power to enquire matters calling

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for the disciplinary action against a lawyer and High Court

should be given disciplinary power to punish the guilty.
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.
4. Development of legal profession in India after
Independence
In 1951, the All-India Bar Committee was formed under
the chairmanship of Justice S.R. Das. In its report, the
committee recommended the establishment of an All-India
Bar Council and State Bar Councils. It recommended the
powers of registration, suspension, or dismissal of the lawyers
of the Bar Association. He recommended that the common
role of defenders is maintained and that they be authorized to
practice in all the country’s courts. Furthermore, it
recommended that no more lawyers or undergraduate

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mukhtars be hired. The Fifth Law Commission of India made

similar recommendations in its fourteenth report.
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.
Advocate’s Act,1961
The Advocate’s Act of 1961 amended and mixed the
regulation referring to criminal experts and gave for the
charter of the State Bar Councils and an All-India Bar
Association, the Bar Council of India as its principal body. The
Indian Council of Lawyers includes the Attorney General of
India and the Attorney General of India as Ex-Officio
individuals, in addition to an elected member from every State
Bar Council. The contributors of the State Bar Councils are
elected for a duration of 5 years. Some distinguished
functions of the Bar Council of India are:
(1) Establish requirements of expert behaviour and courtesy
for defenders;
(2) Establish the mechanism to be observed via way of means
of your healing committee.
(3) Promote and help criminal reform.

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(4) Updating criminal schooling and enjoyable the

requirements of such information in discussions with the
Indian universities that transmit such schooling and the
Councils of the State Bar Association.
(5) Adjust criminal help to the bad withinside the prescribed
manner;
(6) Recognize on a reciprocal foundation overseas
qualification in regulation received out of doors of India at the
grounds of admission as suggest in India.
The Indian Bar Association is chaired via way of means of
a President and Vice President, who’re decided on from the
council contributors for a duration of years. Each of the states
of India has a State Bar Council. Each of the State Bar
Councils has a specific range of contributors relying upon the
numerical power of the legal professionals on their lists,
who’re elected as contributors of the State Bar council
consistent with the proportional illustration system.
Legal education
The Indian Bar Association is responsible for the
promotion of legal education and sets the standards of legal
knowledge in consultation with the universities. The Bar
Association accepts legal education centers and also
prescribes various types and standards of courses of study,
admission capacity, infrastructure demands, and course
structures.
The Bar Association also visits and audits these legal
education centers as part of its statutory functions. The Bar

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Association was also responsible for driving the next level of

evolution in legal knowledge in the country by establishing
the first National University of India Law School in Bangalore.
The inception of this premier law school has brought about a
paradigm shift in law teaching and research.
Bar Council of India trust
The Bar Council of India Trust is a charitable public trust
aimed at further legal research and education. The Trust
produces a quarterly publication known as the “Indian Bar
Review”. It also runs a national moot court competition and a
variety of seminars and workshops as part of its ongoing Legal
Education Program. A scholarship and placement scheme for
young attorneys was initiated in order to provide financial
assistance to the best candidates, which is being followed by
the trust.
Conclusion
In India, the Legal profession was originated during the
British Rule as earlier there was no existence of the legal
profession during the Hindu Rule and Mughal Dynasty period.
At that period of the administration of justice was in the hands
of the king and the King Court was treated as the highest
court of the country.
The main aim of legal ethics is to maintain honor, dignity
of the legal profession to ensure the spirit of friendly co-
operation, fair dealing of the counsel with their clients and
also to secure the responsibilities of the lawyers towards the
society.

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The Advocates Act, 1961

The Advocates Act, 1961 is a comprehensive legislation

that regulates the legal profession in India. It defines the term
“advocate” and lays down the qualifications, rights, and duties
of an advocate. The Act provides for the creation of the Bar
Council of India (BCI), which is the regulatory body for
advocates in India, as well as the state bar councils.
The Advocates Act, 1961 contains rules and laws
pertaining to advocates. The major goal of the Act is to create
a single class of legal practitioners known as “advocates.”
The Advocates Act 1961 says that only an advocate has
the power to practice the law in the court. It means, any
person who did not enrol his name in the bar council, cannot
practise as an advocate in the court.
Section 2 (a) of the Advocates Act 1961 says that every
advocate whose name has been enrolled in the State Bar
Council has the right to practice throughout the territory of
India to which the Act extends. That is, advocates are
permitted to represent clients before all courts and tribunals
in all States of Indian territory. The advocates can only join
one State Bar Council [vide Section 17(4) of the Act], although
they are free to move to another State Bar Council.
History of the Advocates Act, 1961
India’s legal profession was managed under the
Advocates Act, of 1961, which was set up by Parliament after
Independence. The All India Bar Committee was established in
1953 by the government to oversee and control the Indian

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judiciary after Independence in 1947. The Advocates Act and

the Bar Council of India were formed in 1961 as a result of a
recommendation submitted to Parliament by the All-India Bar
Committee.
Legal practitioners were divided into various classes
under the Legal Practitioners Act of 1879 until the Advocates
Act, 1961 came into effect. They were classified as Advocates,
Lawyers, Vakils, Barristers, etc. After the Act came into effect,
several classes of legal practitioners were abolished and
combined into one class of advocates. These advocates were
categorised as Senior Advocates and other subdivision
advocates based on their qualifications for expertise and
experience. Senior Advocates are given the title with the
Supreme Court’s or the High Court’s confirmation.
The Bill behind Advocates Act, 1961
The Bill was drafted in order to carry out the
recommendations of the All India Bar Committee, which were
issued in 1953, after considering the Law Commission’s
proposals on Judicial Administration Reform, as well as the
suggestions relating to the Bar and legal education.
The Bill was amended to recognize the dual system in
operation in the High Courts of Calcutta and Bombay by
including the necessary provisions, according to the
recommendations provided to the All India Bar Committee
and the Law Commission. If they intend to abolish the dual
system at any moment, it will only be open to two Courts.

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The Indian Bar Councils Act, 1926, as well as any other

legislation on the subject, may be repealed by this bill because
it is a comprehensive measure. This was published on
November 19, 1959, in Section 2 of Part II of the
Extraordinary Gazette of India.
Main features of the bill behind Advocates Act, 1961
The bill’s primary features were:
 The All India Bar Council must be established, there must
be a single class of attorneys, and it must grant attorneys
the right to practise in any area of the country, in any High
Court, as well as at the Supreme Court of India.
 Combining the bar together into a single class of legal
practitioners known as advocates.
 The procedures of a uniform qualification for admitting
individuals as advocates and qualifying them as advocates.
 According to their merit, senior advocates and other
advocates must be divided.
 There must be the establishment of autonomous Bar
Councils, one for all of India and another for each State.
Implementation of Advocates Act, 1961 in India
The Advocates Act passed in May 1961 and enforced on
16th August 1961 applies to the whole of India. The main aim
of the Advocates Act was to amend the laws related to legal
practitioners. It provides the constitution of members for the
State Bar Council and Bar Council of India.
On May 19, 1961, in the twelfth year of the Republic of
India, Parliament passed The Advocates Act, 1961. The Act

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has a total of 60 sections split into 7 chapters. The Advocates

Act, 1961 was implemented by the Central Government. This
Act is applicable across India, with the exception of the State
of Jammu & Kashmir. The Indian legal profession experienced
a lot of changes as a result. Its goal was to establish the
legality and utility of the legal profession across the whole of
India.
The Act amends and unifies the law relating to legal
practitioners, according to the preamble of this Act. The
primary goal of the Act was to promote uniformity in the legal
profession, including uniformity in the academic qualifications
for advocates, in the registration process for State-Level Bar
Councils, in the restrictions put on enrollment, in the
disqualification of legal practitioners, etc.
The act aims to constitute only one class of legal
practitioners known as ‘Advocate’ and provides uniform
qualification for admission to the Bar. The act also vests the
powers on the Bar Council of India and the State Bar Council
to take disciplinary action when required.
Features or the characteristics of the Advocate Act, 1961
The Indian Bar Councils Act has been replaced by the
Advocates Act, 1961. The Advocates Act of 1961 was created
in order to carry out the recommendations of the All India Bar
Committee, which were supported by the Law Commission’s
Fourteenth Report in 1955. This Act’s primary goal is to unite
and create a single class of attorneys called “advocates.” Their
major goals are to establish an All India Bar Council and State

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Bar Councils, as well as a common qualification for the bar. It

also outlines an advocate’s obligations and rights.
The Advocates Act, 1961 had the following features:
 It consolidates existing laws on the legal profession.
 The Advocates Act 1961 established the Bar Council of
India and State Bar Council and paved the way for their
formation.
 Even though advocates may be transferred from one state
to another, advocates are not permitted to enrol in more
than one State-Bar Council.
 A self-governing authority has been given to the Bar
Council.
 Additionally, the Act has made it possible for advocates to
work in positions that are similar all across the world.
 It also included provisions that allowed for the
consolidation of all legal system legislation into a single
class or document.
 Various Bar Council regulations have been implemented in
both state and central laws.
 A single title called ‘advocate’ replaced the several titles
that were previously granted to advocates such as legal
practitioners, vakils, attorneys, etc.
 On the basis of their qualifications, experience, and level of
expertise, there are senior advocates and other advocates
as legal practitioners.
 The act primarily focuses on the consolidation of existing
legal laws for the legal profession.

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 The Bar Council was given control over an autonomous

body that has been assigned certain duties.
 It may be seen that the Bar Council is a member of a
number of International Organisations, including the
International Bar Organisation. The Bar Council is a
recognised legal entity with the ability to acquire both
moveable and immovable property through litigation.
 Additionally, there are several state Bar Councils that are
under the control of the All-India Bar Council.
 They also have the same responsibilities as the All-India
Bar Council, but they solely look after their particular
states. The Bar Council was granted an autonomous entity
that is entrusted with these responsibilities.
 According to the Act, State Bar Councils must exist in
every state.
Definitions under the Advocate Act, 1961
Advocate (S.2(1)(a)):
A person who has registered on any roll created by this
Act is an advocate. There were various classifications of legal
professionals known as pleaders, vakils, lawyers, and
attorneys before the enactment of this Act.
Appointed day (S.2(1)(b)):
The term ‘appointed day’ refers to the day the Provisions
took effect.
Bar Council of India (S.2(1)(e)):
The word ‘Bar Council’ is covered by Section 2(1)(e) of

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the Act. Section 4 of the Act establishes the Bar Council for
the territories to which the Act applies.
Law graduate (S.2(1)(h)):
A person is referred to as a law graduate if they have
completed a bachelor’s degree in law from any university
recognised by Indian law.
Legal practitioner (S.2(1)(i)):
The word ‘legal practitioner’ is covered by Section 2(1)(i)
of the Act. A legal practitioner is a person who is an advocate
or vakil in any High Court, as well as a pleader, mukhtar, or tax
agent.
High Court (S.2(1)(g)):
The term ‘High Court’ is covered by Section 2(1)(g) of the
Act. The term ‘High Court’ does not include a court for Judicial
Commissioner, except in Sections 34(1) and 34(1A), as well as
Sections 42 and 43. The term High Court in relation to a State
Bar Council means:
 If a State Bar Council is established for a state or for a state
and one or more union territories, the High Court for the
state.
 If a Bar Council is constituted for Delhi, the High Court of
Delhi.
Roll (S.2(1)(k):
Under this Act, rolls are recorded and maintained. It is a
list of advocates or legal practitioners who practise in a court
or who are frequently present in court.

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State (S. 2(1)(l)):

A state is a country or territory that is organised as a
political community and has a single state government under
the territory. The union territory is not included as a state
State roll (S.2(1)(n)):
Section 2(1)(n) of the act defines State Roll as a roll of
advocates maintained by the State Bar Council under S. 17.
According to Section 17, a State Bar Council must
record, prepare, and maintain a state roll, which is a list of
advocates.
It is to be noted that, Jammu and Kashmir and all other
union territories, including Goa, Daman, and Diu, are exempt
from the application of any provisions or definitions contained
in the Act. However, the laws can be interpreted as references
to the relevant laws if they have to apply in the state or
territory. Goa, Daman and Diu Reorganisation Act, 1987,
which went into effect on May 30, 1987, now recognised as a
state and governs the territory of Goa.
Important provisions under the Advocate Act, 1961
Application of the Act (Section 1):
In India, the Advocates Act, 1961 is in effect nationally,
which is described under Section 1 of the Act. In the State of
Jammu and Kashmir as well as the Union Territories of Goa,
Daman, and Diu, which comes into effect on the day that the
Central Government specifies in a notice published in the
official gazette on their behalf.

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State Bar Councils (Section 3):

Section 3 of the Act allows for the establishment of a Bar
Council in each state. Union territories are joined by
neighbouring countries. There is a unique Bar Council for the
union territory of Delhi. This is based on the All India Bar
Committee’s recommendations. For each State Bar Council, a
chairman and vice chairman will be chosen by the respective
State Bar Council.
Section 3 of the Advocates Act, 1961 states that for
every state, there shall be a Bar Council in the manner
prescribed under Section 3(1).
Number of Members of State Bar Council
According to Section 3(2)(a), the Advocate General of
the concerned state is the ex-officio member of the State Bar
Council.
As per Section 3(2)(b) following number of members
should be there in the bar council of state:
 When the number of Advocates in the state roll is less than
5000, the number of members of the Bar Council is 15.
 When the number of Advocates in the state roll is between
5000 and 10000, the number of members of Bar Council is
20.
 When the number of Advocates in the state roll is more
than 10000, the number of bar council members is 25.
Advocate having their name in the state roll elect the
members, and the advocates can vote by a single transferable
vote.

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According to Section 3(3), there shall be a Chairman and

a Vice-Chairman of the State Bar Council, elected in the
manner prescribed.
Functions of State Bar Councils (Section 6)
Section 6 of the Advocates Act, 1961 provides the function of
the State Bar Council. Functions of the council are as follows:
 To enrol the qualified persons as an advocate.
 The Council must compile, maintain, and keep a record of
such a roll in addition to allowing applicants to be listed as
advocates.
 If there is any misconduct on the part of any of the
advocates on its list, the council must investigate it and
make a decision;
 It must also safeguard the rights, privileges, and interests
of those advocates;
 It must encourage the growth of the bar association in
order to effectively implement welfare programmes;
 It must support and promote law reform; and
 It must also host seminars and organise lectures by
eminent jurists on legal subjects.
 It also allows for the publication of journals and papers of
legal interest.
 It organises legal help for the poor in a prescribed manner;
 It facilitates elections for its members of the State Bar
Council, manages finances for the Bar Council, and invests
those funds.

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 They can visit and inspect universities in accordance with

the guidelines set forth in Section 7(1)(i);
 They can carry out all other duties imposed by the Act; and
 They must also take additional actions required for
carrying out the aforementioned duties.
The council shall establish one or more funds for the
following purposes:
 Providing financial assistance to set up welfare
programmes for the needy, the disabled, or other
advocates;
 It also provides legal assistance or advice when rules are
adopted in this regard;
 To create law libraries.
The State Council may accept grants, donations, gifts, or
benefactions for any of the purposes indicated in subsection 2
of Section 6, which must be credited to the relevant fund or
funds established under the Subsection.
Bar Council of India (Section 4):
Section 4 of the Act permits the establishment of an All-
India Bar Council. Section 4 of the Advocates Act provides
that there shall be a bar council for the whole of India and is
known as the Bar Council of India.
Constitution of the Bar Council of India
There shall be the following members in the Bar council
of India:
 Attorney General of India who is Ex- Officio member.
(Section 4(1)(a))

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 Solicitor General of India is Ex- Officio member. (Section

4(1)(b)). Attorney General and Solicitor general remains a
member of the Bar Council of India till they hold their post.
 One member gets elected amongst the member of each
State Bar Council. ((Section 4(1)(c))
 The All India Bar Council will have a chairman and vice-
chairman who were chosen by the Council itself according
to the established procedures. (Section 4(2)).
Bar Council which is to be a body corporate (Section 5):
Any corporate body, including the Bar Council of India
and all state Bar Councils with perpetual succession and their
own common seal, is covered by Section 5 of the Act. Each
Bar Council has the authority to acquire and hold real
property in its own name. It is capable of being sued, being
sued in its name, and entering into contracts in its name. A
Bar Council can continue to exist since it is a corporate entity
with perpetual succession; therefore, it is unaffected by the
fact that the members’ terms of office have ended.
Functions of the Indian Bar Council (Section 7)
The following are the functions of the Bar Council of
India under Section 7 of the Act:
 It must establish standards of professional conduct and
etiquette for advocates;
 It must establish specific procedures to be followed by its
disciplinary committee and the disciplinary committee of
each State Bar Council;
 To protect the rights of the Advocates.

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 Their primary function is to prepare and maintain a

common roll of advocates and to exercise general
supervision and control over State Bar Councils;
 Its duties include general supervision of and control over
state Bar Councils.
 To promote and support legal reforms.
 To decide matters related to professional misconduct
transferred from a disciplinary committee of state bar
council.
 To decide appeal against the disciplinary committee of
state bar council.
 It has to set standards for that education in consultation
with state Bar Councils and universities in India that deal
with higher education.
 They also have the responsibility of identifying the
universities where a law degree qualifies a graduate for
enrolment as an advocate, and to that end, they either visit
and inspect those universities or give State Bar Councils
specific directions to visit and inspect.
 They also recognise a reciprocal basis for foreign legal
qualifications gained outside of India for the purpose of
admission as an advocate under the Act.
Other duties exist that are similar to those of the Indian
State Bar Council. The Bar Council of India carries out such
activities as setting up one or more funds for the organisation
of welfare programmes for poor and disabled advocates
providing legal assistance and advice, as well as for

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establishing law libraries. Additionally, they receive gifts,

donations, and benefaction.
Membership in an international legal body (Section 7A):
In accordance with Section 7A of the Act, the Bar
Council of India is permitted to join organisations that
represent international law, such as the International Bar
Association or the International Legal Aid Association. The Bar
Council of India is also required under this Section to pay dues
to the aforementioned international organisations, and it is
also permitted to spend money to send delegates to any
international legal conference or seminar.
Term of office of members under the State Bar Council
(Section 8):
According to Section 8 of the Act, State Bar Council
members are chosen to serve terms of five years, starting
from the day the results of the election are published. The Bar
Council of India will extend the term of office by examining
the reasons if the State Bar Council fails to hold elections for
its members before the term expires, provided that the
extension does not exceed a 6-month period. By extending
the term of members, the council will be notified that it must
hold a new election for members as the previous one was not
held before the term’s expiry.
Transaction of business by the Bar Council and committees
(Section 10A):
According to Section 10-A, the State Bar Council meets
at its headquarters, and the Bar Council of India meets in New

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Delhi. The meetings of these councils may take place

anywhere, but the justifications must be recorded in writing.
The headquarters of the relevant Bar Council should be the
location of meetings for all committees, excluding the
disciplinary committee. The disciplinary committee will
henceforth hold a meeting at a time and location where it is
possible to follow the rules established by the Indian Bar
Council for conducting business at meetings.
Disqualification of a member of Bar Council
Section 10B of the act states conditions related to
disqualification of the Bar Council of India members.
An elected member of the Bar Council should vacate his
office if he is declared absent without sufficient excuse for
three consecutive meetings by the Bar council of state he is a
member. The member can also be disqualified from being a
member of the council if his name is removed from the roll of
advocates or upon disqualification by any rule made by the
Bar Council of India.
Disqualification of Enrolment
Section 24 A provides criteria for disqualification of a
person for enrolment. A person gets disqualified from being
enrolled as an advocate due to the following reasons:
 The person on conviction for an offence that involves
moral turpitude.
 The person on conviction for an offence committed under
the Untouchability (Offences) Act, 1955.

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 For removal from government service on a charge that

involves moral turpitude.
 Such disqualification cease to have effect after two years
has passed since his dismissal or release.
The staff of the Bar Council (Section 11):
Section 11 deals with the appointment of personnel to
the Bar Council. Each and every Bar Council is required to
have a secretary and accountant. Any other staff member can
be appointed as required, and the Secretary and accountant
should possess skills as prescribed.
Power to make rules (Section 15)
Section 15 of the Advocates Act gives power to the Bar
Council to make rules to carry out its purpose. The rules are
for:
 The election of members of bar council done by secret
ballot includes conditions subject to which a person can
exercise the right to vote by postal ballot.
 The election manner of a member of the Chairman and
Vice-Chairman of the Bar Council
 To decide the doubts and disputes related to the election
of the Bar Council members and appointment of Chairman
and Vice-Chairman.
 To fill casual vacancies in Bar Council.
 The constitution of funds by the bar council
 Organising legal aid and advice to the poor.
 To summon and hold a meeting of the Bar council.

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 To provide constitution and functions of the Bar Council,

including the term of office of members of the committee.
 The section of the Act also provides that no rules by the
State Bar Council under this section shall have effect after
approval from the Bar Council of India.
Senior and other advocates (Section 16):
Section 16 of the Advocates Act classifies advocates into
two types, senior advocates and other advocates. An advocate
may, with his consent, be designated as senior advocate if the
Supreme court or a High Court is of the opinion that he is
deserving of such distinction by virtue of his ability standing
at the Bar or special knowledge or experience in law.
Senior advocates are subject to certain restrictions
imposed by the Bar Council of India. When an advocate gets
designated as a senior advocate, he should communicate it to
the High Court and the secretary of the State Bar Council and
Bar Council of India.
State Bar Councils maintain the roll of advocates (Section 17):
Section 17 of the Advocates Act provides that every
State Bar Council shall prepare and maintain the roll of
advocates. The roll gets prepared in two parts, and the first
part contains the list of senior advocates and the second part
contains the list of other advocates. When more than one
advocate gets enrolled in a single day, their names in the state
roll is added according to the seniority. According to Section
17(4), no person may be listed as an advocate on the rolls of

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more than one State Bar Council. But, he can transfer his
name from one state to another state roll-on genuine grounds.
Transferring the name from one state to another state (S. 18):
According to Section 18, anybody who wishes to move
from one state’s Bar Council to another must submit an
application to the bar association of India, New Delhi, using
Form C Rule I Chapter III and Part V of All India Bar Council’s
Rules.
The main materials of the application are:
 A certified copy of the applicant’s enrollment on the state
register.
 There is no disciplinary action ongoing against the
applicant, and there is no objection to transfer being
ordered, according to a certificate from the state Bar
Council stating that the applicant’s enrollment has not
been recalled and that they are permitted to practise as of
the date of their application.
Enrolment of certain Supreme Court advocates (Section 20):
Section 20 of the Act addresses the certificate of
enrolment. For the enrollment of an advocate, a certificate
would be issued. The certificate is issued in accordance with
the State Bar Council’s authorised format. Any change to a
person’s permanent address must be reported to the relevant
State Bar Council within 90 days.
Certificate of enrolment (Section 22)
Section 22 of the Advocates Act, 1961 provides the
provision for the Certificate of Enrolment. According to this

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section, a certificate should get issued for the enrolment of an

advocate.
The certificate is issued in the prescribed form provided
by the State Bar Council. Any change made in the place of
permanent address of the person is to get notified to the
concerned State Bar Council within ninety days.
Qualification to be enrolled in State Roll (Section 24)
Section 24 of the Advocates Act provides qualifications
required for a person to get enrolled as an advocate. The
qualification prescribed for the enrolment in the state roll are
as follows:
 The person must be a citizen of India. Even a national of
any other country can be admitted as an advocate on a
State Roll if he belongs citizens of India who duly qualifies
the requirement for qualification are permitted to practice
law in that country.
 The person should have completed 21 years of age.
 The person should have passed 5 years integrated course
after the 12th standard or a 3-year regular law course after
graduation. If the degree is from any Foreign University
then, the degree must be recognised by the Bar Council of
India.
 Enrolment fee must be paid by the advocate as prescribed
by the State Bar Council.
 Fulfills any other condition as required.

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 The advocate is required to pay the State Bar Council’s

enrollment fee. It must also satisfy any additional
requirements, if any.
Disqualification of enrolment (Section 24A):
According to Section 24A of the Act, anyone who has
been arrested for an offence involving moral turpitude is
ineligible to become a member of the bar. This applies until
two years have passed since the end of the imprisonment.
This disqualifies you from enrolling; according to the Supreme
Court, if the disqualification occurred after you enrolled, the
advocate must serve a two-year disqualification from the bar.
Advocates are recognised as a class of persons entitled to
practice law (Section 29):
According to Section 29 of the Act, advocates are only
recognised among a specific group of people who are
qualified to practise law. Advocates have been permitted to
practice law as of the date on which they were appointed
under that class alone.
Right of advocates to practise (Section 30):
Section 30 of the Act defines the right to practise as an
advocate. An advocate is granted the right to practise law
across the territory before all courts and tribunals under this
statute.
No one other than advocates is permitted to practice (S.33):
This section states that anyone must be enrolled as an
advocate under this Act in order to be permitted to represent
themselves in any court or before any authority.

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Various committees under the Advocates Act, 1961

Constitution of a special committee (Section 8A)
Section 8A of the Act provides the Constitution of
Special Committee in the absence of an election. A special
committee gets formed when a State Bar Council fails to
conduct the election of its member. The members of the
special committee will be:
 The chairperson shall be a State Bar Council ex-officio
member. If more than one person serves as an ex-officio
member, the chairman should be the senior-most member.
 The Bar Council of India will nominate two members from
the list of advocates on the State Bar Council.
Disciplinary Committee (Section 9)
According to Section 9, the State Bar Councils and All
Bar Councils in India are required to form at least one or more
disciplinary committees.
Two members of the elected council and one member of
the co-opted council who is an advocate on the state Bar
Council’s roll must provide up each disciplinary committee,
which shall have three members total.
The head of a disciplinary committee must be the most
experienced attorney on the panel. These committees must
have a minimum of 5 members and a maximum of 9 members.
The regulations of the All-India Bar Council outline the
requirements, the process of selection, and the period of
office for members.

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Legal Aid Committee (Section 9A)

Section 9A of the Advocates Act provides the
constitution of the Legal Aid Committee. One or more legal
aid committees must be established by the Bar Council, and
each committee must have a minimum of five and a maximum
of nine members.
Various other committees
The State Bar Council and the Bar Council of India are
given authority under Section 10. The following committees
must be formed by the State Bar Council:
 An executive committee is composed of five council
members that are elected by the council.
 An enrollment committee shall consist of three people
chosen by the council from among its members.
The following standing committees ought to be
established by the Bar Council of India:
 There will be nine people on the executive committee,
chosen by the council from among its members.
 A legal education committee consists of ten members; of
these, five are chosen by the council from among its
members, and the remaining five are co-opted by the
council.
Whenever further committees are required, the State
Bar Council and the Bar Council Of India will appoint members
to such committees. Section 13 of the Act states that no
decision made by the Bar Council or any other committee may

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be challenged because of a vacancy or a fault in the

committee’s constitution.
Rights and duties of an Advocate:
The Advocates Act 1961 has given many rights of an
advocate and also some duties related to his client and court
while dealing with the case. The act also protects the
advocate from the arrest in a civil case so that justice should
be provided to his client while he is representing his client in
the court proceedings.
Rights of an advocate under the Advocate Act, 1961
The Advocates act 1961 provides and protects the
following rights to an advocate in India:
(1). Right to practice (Section 30) and freedom of expression
and speech:
From the perspective of the legal profession, the term
‘right to practice’ refers to an exclusive right granted to
advocates to represent clients in court and before tribunals.
There are two levels of protection for the right to practise, and
they are as follows:
 Protection in General: Article 19(1)(g) of the Indian
Constitution safeguards each person’s right to engage in
whatever practice they choose.
 Specific Protection: According to Section 30 of the
Advocates Act, 1961, a person registered with a State Bar
Council is entitled to practice law before any court or body
in India, including the Supreme Court.

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The Central Government made it effective recently by

issuing a notification. An advocate who is registered with the
Bar Council of India is granted the only authority to practise
law in courts.
If an advocate is speaking during practice, no one may
interrupt them unless they are violating the court’s rules and
regulations.
The freedom of speech and expression is guaranteed by
Article 19(1)(a) of the Indian Constitution. All Indian citizens
are entitled to this fundamental right. Even in a court of law,
an advocate has the freedom to speak and express oneself.
(2). Right To Pre -Audience
Section 23 of the advocate Act 1961 deals with the right
to pre audience rule. This rule can be seen as a privilege to an
advocate. It is the right of being heard before another is heard.
According to this section, the advocate has the right to
represent the case in court, and he can speak when he wants
before an audience is present in the court and cannot be
stopped from speaking unless he violates the decency of the
court.
A court of law must provide an advocate with the
opportunity to speak first. Advocates have the right not to be
interrupted before their statement is completed. This
provision is employed as an advocate’s privilege as well as a
right to pre-audience rule. The right to be heard comes first
and foremost. The person in the top position in the hierarchy
is given the right to advocacy by the law.

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In India, the following is the preferred hierarchy system:

 Attorney General
 Solicitor General
 Additional Solicitor General
 The Second Additional Solicitor General
 Advocate General of the State
 Senior advocates
 Other advocates
This is the hierarchy of advocacy used in India. In the
absence of another advocate, the attorney general has the
right to represent himself in court. In accordance with this rule,
an advocate is also permitted to speak in front of the
courtroom audience and to represent his client in front of a
judge.
(3). Right of opposition to arrest:
An advocate is known as the judicial officer of the court.
All advocates are guaranteed under Section 135 of Civil
Procedure Civil, 1908 that they won’t be detained while
travelling to or from a tribunal or court on another subject,
with the exception of cases involving criminal charges and
contempt of court.
In certain situations, the police are not allowed to detain
a civil advocate. An advocate is referred to as an officer of the
court.
(4). Right to appear in any court:
As per section 30 of the Advocates Act 1961, any person
who has enrolled in the bar council of India can practice in any

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Court of law in any tribunal. They have the right to enter the
court or tribunal even if they haven’t registered with that
particular tribunal or court.
No matter if they are representing a client or not, an
advocate may enter the courtroom and take any seat to
observe the proceedings. An advocate may also enter the
Supreme Court and observe the proceedings. He can also be
present in any of the hearings whether or not he is related to
the matter.
(5). Right to see an accused person in jail:
For the proper understanding of the case, the advocate
has the right to meet the accused whenever he wishes to do.
He can even meet the accused in jail. There is no restriction on
how often an advocate can visit a client who is being held in
jail. Advocates are even permitted to see their clients every
day in jail.
According to the law, a person is deemed innocent
unless proven guilty. As a result, it is essential for an advocate
to fully understand the case by meeting with his client—even
while they are in custody—to discuss the important details
and related documents so that they can effectively argue the
case in court.
(6). Right to professional communication:
Communication between an advocate and his client
must be regarded as professional communication under
Section 129 of the Indian Evidence Act,1872. It is an exclusive

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right of an advocate. The right to protect the secrecy of

communications:
 The advocate has the right to protect the confidentiality of
his client’s communications.
 The advocate is not required to disclose to anybody the
conversation he and his client had on the matter.
 According to Section 129 of the Indian Evidence Act of
1872, no person can threaten an advocate to disclose the
communication done between him and his client.
(7). Right to pay a fee:
According to Rule 11 of Chapter 2 of Part VI of the Rules
of the Bar Council of India, an advocate is entitled to get
payment when he provides or renders services to a client.
According to his position at the bar, he can exercise this right.
That is, any advocate who has done something for his
client or gives any service to any client for a person has the
right to take a fee from that person.
(8). Right with respect to vakalatnama:
The advocate has the right to solely represent his client
in that particular matter after a vakalatnama is signed in his
name. An advocate also has the authority to support the
public prosecutor in court and submit a note of appearance
on behalf of a defendant for whom he is not counsel.
(9). Right to refuse a case:
An attorney has the authority to decline to represent a
client in a lawsuit involving illegal activity.

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The rights of an advocate are to protect justice because

advocates are the ones who help the court to serve justice in
civil and criminal cases. But if any advocate misuses the
powers given by the law, the act also specifies the
punishments for the same.
Duties of an advocate under the Advocate Act, 1961
The Advocates Act, 1961 also provides some necessary
duties against the advocate. The law provides the duties of an
advocate towards his client and towards the court. The
important duties that have to be followed by the advocate are:
Advocate's Duty to the Court; Advocate's Duty to the Client;
Advocate's Duty to the Opponent Advocate; Advocate's Duty
to the Cross Examination; Advocate's Duty to the Colleagues.
(i). An advocate’s obligations to the client:
 An advocate’s obligation is to take client briefs and to
charge a fee that is comparable to that of other attorneys
at the same bar and appropriate to the circumstances of
the case. The advocate may provide an explanation for why
a specific brief was rejected.
 An advocate has a duty to decline cases or briefs where he
would testify as a witness. Similarly, if the advocate has
notice of testifying as a witness throughout the course of
events, he should not proceed with the case.
 Once the client has consented to have the advocate
represent them, the advocate has an obligation to do so. In
order to withdraw a case, he must provide the clients with

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a good explanation and adequate notice. He will refund the

customer for a portion of the fee that was not collected.
 The responsibility of an advocate is to deliver the best
advice to the best of his abilities.
 It is crucial that the advocate provides the client with
complete and honest disclosures of the parties and their
interest in the controversy.
 When handling a client’s case, an advocate needs to be
cautious.
 When a party has received legal advice from an advocate,
the advocate should not participate in the lawsuit since he
is now the party’s opponent. An advocate must either
withdraw the case or transfer it to another counsel in such
a situation.
 An advocate is expected to maintain track of any client
funds entrusted to him and provide a copy of that record
upon request.
 An advocate is required to uphold the confidentiality
clause and not reveal the client’s private information.
(ii). An advocate’s obligations to the court
 An advocate must always treat the legal system and courts
with respect.
 An advocate must maintain his or her dignity and self-
respect.
 It is the duty of an advocate to refrain from using any
unlawful or inappropriate measures to influence the court’s
judgement and to allow it to be made without bias.

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 Advocate has a responsibility to present themselves in

court in the appropriate attire. Except in the courtroom, he
or she is not authorised to dress in a band and gown.
 Advocates are not permitted to represent a close relative
as a member of their family in court or before a tribunal.
 Advocates must not conduct a prosecution in such a way
that an innocent person is knowingly convicted.
Other Duties:
(3). Duty to opposite party
 To make communications only through the opposite
party’s advocate
 To carry out all promises made even where it is not
reduced in writing.
(4). Duty to colleagues:
 To not advertise or solicit work and to not indicate special
positions, expertise, etc. in name plates, name boards,
stationery, etc.
 To not facilitate unauthorized practice of law.
 To not take an unreasonably low fee where the client can
afford to pay
 To not accept an engagement in a matter where another
advocate has already been engaged except with his
consent or permission of the court
(5). Duties to the society:
 Duty to facilitate legal education, training of young lawyers
and research in legal discipline
 Duty to render legal aid to those in need.

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Punishments provided under the Advocate Act, 1961

Punishment for misconduct
Misconduct means any acts which are unlawful in nature
even though they are not inherently wrongful.
Section 35 of the Act specifies the penalties for
misconduct by advocates. It specifies that when a complaint is
received or a State Bar Council has grounds to suspect that
any advocate listed on its register has engaged in professional
or other misconduct, it must send the matter to its disciplinary
committee for resolution.
The State Bar Council’s disciplinary committee would be
required to set a hearing date, as well as arrange for notice to
be sent to the State’s advocate general and the involved
attorney. The disciplinary committee shall provide the
advocate and the advocate general an opportunity to be
heard and shall make any instructions from the following
categories:
 The complaint or procedures filed at the instance of the
State Bar Council where the complaint was submitted must
be dismissed; the committee may also reprimand the
advocate.
 The committee has the authority to bar an advocate from
practising for as long it sees suitable and to have their
name removed from the state list of attorneys.
 An advocate whose licence to practice law has been
suspended is not permitted to appear before any Indian

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court, government agency, or person during the

suspension period.
In N.G.Dastane vs. Shrikant S. Shind, where the advocate
of one of the parties was asking for continuous adjournments
to the immense inconvenience of the opposite party, it was
held by the Supreme Court that seeking adjournments for
postponing the examination of witnesses who were present
without making other arrangements for examining such
witnesses is a dereliction of the duty that an advocate owed to
the Court, amounting to misconduct.
Contempt of Court may be defined as an offence of
being disobedient or disrespectful towards the court or its
officers in the form of certain behaviour that defies authority,
justice, and dignity of the court.
In re Vinay Chandra Mishra, it was held that if any
advocate or legal practitioner is found guilty of the act of
contempt of court, he/she maybe imprisoned for six years,
and may be suspended from practicing as an advocate.
Penalty for illegal practice in courts and before other
authorities (Section 45):
According to Section 45, the consequences for engaging
in the illegal practice in court or before other authorities are
outlined in Section 45. Any individual who practises in any
court, before any authority, or before any person who is not
authorised to practise under this Act shall be imprisoned for
six months.

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Case laws
(1). Ex. Capt. Harish Uppal v. Union of India, (2002)
Facts
According to the facts, the petitioner is an ex-Army
officer. The petitioner was assigned to Bangladesh in 1972,
after which he was charged with theft and appeared before an
Indian military court. He spent two years behind bars. He
requested an audit of the case through a pre-affirmation
application in a civil court, and after an 11-year delay, when
the survey’s limitation period had passed, he received a
response from the judge. Documents and the application were
found to have been missing following a violent strike by
lawyers. The petitioner submitted a special petition to declare
unlawful advocates’ strikes.
Issues:
The question is whether lawyers have the right to strike.
Judgement of the case
The Supreme Court of India decided that attorneys do
not have the power to call for a boycott of the court or to go
on strike, not in a purely symbolic way. On the other hand,
lawyers have the choice to peacefully protest outside the
court building and away from its premises by making press
statements, participating in TV interviews, adhering to the
rules for court premises, posting additional notices, wearing
armbands in black and white, or any other shade, holding
dharnas, etc.

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(2). Pratap Chandra Mehta v. State Bar council of M.P & Ors,
(2011)
Facts of the case
In this case, the State Bar Council of Madhya Pradesh
established regulations that went beyond the power given to
them under Section 15 of the Advocates Act, 1961. The State
Bar Council’s power to create rules is not connected to the
power given under Section 15 of the Act by Rules 121 and
122A. The Parliament passed the Advocacy Act, giving the
State Bar Council the authority to draft and carry out the
requirements of Section 15 of the Act. With the Bar Council of
India’s consent, the State Bar Council published and amended
the State Bar Council MP Rules.
Issues involved
The question is whether Rules 121 and 122A of the MP
Rules are ultra vires to Section 15 of the Advocates Act, 1961,
which got approval from the Bar Council of India.
Judgement of the case
As a result, the court decided that Rules 121 and 122A
of the MP Rules are valid because the Bar Council of India
approved them. In order to uphold democratic values and the
high ethical standards of an advocate, the State Bar Council
must conduct itself in a democratic manner. The power of
these rules does not exceed or broader than that permitted
under Section 15 of the Act. The court also held that the rules
of the M.P. State Bar Council are unambiguous and that the
Bar Council of India has approved the revised rules.

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(3). K.Anjinappa v. K.C. Krishna Reddy, (2021)

Facts of the case
In this case, the Disciplinary Committee of the Bar
Council of India issued an impugned order dismissing the
appellant’s complaint against his advocate. The complaint was
first filed with the State Bar Council of Andhra Pradesh.
The case was rejected by the Bar Council of India’s
disciplinary body because it was not maintainable. Advocates
did not resolve the complaints within a year. The complaints
were intentionally kept pending for more than a year;
therefore, they were transferred to the Bar Council of India as
provided. The appellant filed an appeal against his advocate
under Section 35 of the Advocates Act for professional
misconduct.
Issues involved
Whether the appeal under Section 35 of the Advocates
Act is valid against the advocate.
Judgement of the case
The appeal against the advocate under Section 35 of the
Advocates Act was thus denied by the Supreme Court.
(4). T.N. Raghupathy vs High Court of Karnataka and Others
In this case, the appellant claimed a writ of mandamus
for forming new norms in consonance with the provisions
mentioned in S.16(2) of the Advocates Act, relating to the
designation of Senior Advocates. The Court observed that the
appellant did not have any locus standi to file a writ petition in
view of the public interest. Hence the impugned order was set

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aside and the High Court was requested to consider the

matter on merits.
Conclusion
The Advocate’s Act of 1961 ushered in a new era in the
legal profession's history by conferring to a large extent on
Bar boards the power and jurisdiction previously exercised by
the courts. It has fulfilled the aspirations of those who had
been demanding an All-India Bar Association and effecting a
unification of the Bar Association in India by creating a single
class of practitioners empowered to practice in all courts.
They are now subject to the rules established in the code of
conduct established by their bodies to which members can
turn for the protection of their rights, interests, and privileges.
The Advocate Act of 1961 holds an important place in
India because it outlines guidelines and rules that any person
who is enrolled as an advocate must follow. 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 Act provides for the functions of the State Bar
Council and the Bar Council of India, along with certain
powers rendered to them. It also grants an advocate
responsibilities, such as the right to practise and render
services to the client, meet their client in jail, and meet the
client in jail with no restrictions.

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Right to Practice — a right or privilege?

The expression ‘right to practice’, in context of the legal

profession refers to the exclusive right of persons enrolled as
advocates to engage in practice of law before courts and
tribunals. In Re. Lily Isabel Thomas, the Supreme Court
equated “right to practice” with “entitlement to practice”.
The right to practice in the court is the exclusive right
that is given to an advocate who is enrolled in the Bar Council
of India.
According to the Advocates Act, 1961, only advocates
are entitled to practice law. Every advocate whose name is
entered on the state rolls has the statutory right to practice
throughout the territories to which the Advocates Act 1961
extends. An advocate may practice in all the courts including
the Supreme Court, before any tribunal or person, legally
authorized to take evidence and before any other authority or
person before whom such advocate is, by or under any law for
the time being in force, entitled to practice.
Right to Freedom of Speech And Expression
An advocate while arguing in litigation cannot be
stopped from speaking unless he violates the terms and rules
of the court of law. Article 19(1)(a) of the Constitution of India
gives the right to freedom of speech and expression. This
fundamental right is available to all the citizens of India. Being
an advocate, a person can also enjoy the right to speech and
expression even in the court of law.

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This right gets provided under Article 19 of the

Constitution of India. According to this right, advocates can
practice their profession in two categories;
 General protection and
 Specific Protection.
General protection :
General Protection provides the right to practice any
profession or maintain any occupation. Article 19(1)(g) of the
Constitution of India protects the right of individuals to
practice professions of their choice. As members of the legal
profession, advocates partake in this right along with
members of other trades, occupations and professions.
Article 19(1)(g) of the Constitution of India gives the
general protection for the right to practice in court. Article
19(1)(g) clearly says that “every person has the right to
practice any profession, trade or business”.
In Praveen Pandey Vs State of Madhya Pradesh, it was
held that if an advocate has been restricted from doing his
legal work, it will be termed as a violation of his right given
under article 19 (1)(g) of the constitution of India.
Specific Protection :
Specific Protection concerns the right to practice as an
advocate under section 30 of the Advocates Act. Section 30
of the Advocates Act, 1961 confers on persons whose name is
enrolled in the registers of State Bar Councils the right to
practice before any court or tribunal in India including the

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Supreme Court. This section has been recently made effective

through a notification issued by the Central Government.
Right to Practice :
According to the Section 29 to 34 of the Advocate Act,
1961, Practice of Advocates is a right.
Advocates to be the only recognized class of persons entitled
to Practice law (Section 29)
Subject to the provisions of this Act and any rules made
thereunder, there shall, as from the appointed day, be only
one class of persons entitled to practice the profession of law,
namely, advocates.
Section 29 of the Advocate Act, 1961, lays down
provisions that "the Advocates are the only recognized class
of persons entitled to practice law". It may be noted that
under this section, only one category of person, the
Advocates, are authorized to practice, subject to the
Provisions of this Act. This section makes the right of practice
an exclusive right and precludes all persons other than
advocates from practicing law.
In D.A.S. Swami Vs. Kulbendran, it has been held that a
person who is not an Advocate on the roll of High Court, has
no right to represent the accused.
In the case of N.K.Bajpai vs Union of India & Anr, the
court gave an order regarding the rights of an Advocate, that
the profession Under Section 29 of the Advocates Act, only
one class of persons is entitled to practice the profession of
law, namely, advocates.

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Right of Advocates to practice (Article 30)

Subject to provisions of this Act, every advocate whose
name is entered in the State roll shall be entitled as of right to
practice throughout the territories to which this Act extends—
(i) in all Courts including the Supreme Court;
(ii) before any tribunal or person legally authorized to take
evidence; and
(iii) before any other authority or person before whom such
advocate is by or under any law for the time being in force
entitled to practice.
Section 30 of the Advocates act provides specific
protections for the right of an advocate to practice in any
court or tribunal in India if his name is registered in the Bar
Council list. Section 30 of the Advocates act 1961 came into
force on June 15, 2011. It was a major step taken by the
government to provide the right to an advocate for the
practice. After the enforcement of this section, now an Indian
advocate can practice in the Supreme Court, High Court,
other Lower Courts, Quasi-judicial courts, Tribunals or before
any person who has the legal authority to take the pieces of
evidence.
Advocates alone entitled to practice (Section 33)
Except as otherwise provided in this Act or in any other
law for the time being in force, no person shall, on or after the
appointed day, be entitled to practice in any court or before
any authority or person unless he is enrolled as an advocate
under this Act.

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Conditions for Right to Practice

Bar Council of India has framed rules accordingly and
Chapter III of the Bar council of India rules regarding
conditions for right to practice provides as follows :
1) Every Advocate shall be under an obligation to see that his
name appears in the roll of State Council within whose
jurisdiction he ordinarily practices:
Provided that if an advocate does not apply for transfer of his
name to the roll of the State Bar Council within whose
jurisdiction he is ordinarily practicing within 6 months of the
start of the practice, it shall be deemed that he is guilty of
professional misconduct within the meaning of section 35 of
the Advocate Act.
2) An advocate shall not enter into a partnership of any other
arrangement for sharing remuneration with any person or
legal practitioner who is not an advocate.
3) Every advocate shall keep informed the bar council on the
roll of which his name stands, of every change of his address.
4) The Council or a State Council can call upon an advocate to
furnish the name of the state council on the role of which his
name is entered, and call for other particulars.
5) i) An Advocate who voluntarily suspends his practice for
any reason whatsoever shall intimate by registered post to the
State Bar Council on the rolls of which his name is entered, of
such suspension together with his certificate of enrollment in
original.

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ii) Whenever any such advocate who has suspended his

practice desires to resume his practice shall apply to the
Secretary of the State Bar Council for resumption of practice
along with an affidavit damping stating whether he has
incurred any of the disqualifications under Section 24A,
Chapter III of the Act during the period of suspension.
iii) The Enrollment Committee of State Bar Council may order
with the resumption of his practice and return the certificate
to him with necessary endorsement. If the enrollment
committee is of the view that the Advocate has incurred any
of the disqualifications the committee shall refer the matter
under proviso to Section 26(1) of the Act.
iv) On Suspension and resumption of his practice the
Secretary shall act in terms of Rule 24 of Part IX.
6) i) An advocate whose name has been removed by order of
the Supreme Court or a High Court or Bar Council as the case
may be, shall not be entitled to practice the profession of law
either before the court or before the authorities mentioned
under Section 30 of the Act, or in Chambers or otherwise.
ii) An advocate who is under suspension shall be under the
same disability one in which he held office.
7) An officer after his retirement or otherwise ceasing to be in
service shall not practice for a period of 2 years in the area in
which he exercised jurisdiction for a period of 3 years before
his retirement or otherwise ceasing to be in service.
8) No Advocate shall be entitled to practice if in the opinion of
the Council he is suffering from such contagious disease as

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makes the practice of law hazard to the health of others. The

disqualification shall last for such period as the Council directs
from time to time.
Advocate Alone entitled to practice
Section 33 of Advocates Act, 1961 provide that except
as otherwise provided in this Act or in any other law for the
time being in force, no person shall, on or after the appointed
day, be entitled to practice in any court or before any
authority or person unless he is enrolled as an advocate under
this Act. it means advocates alone are entitled to practice in a
Court or in any Authority.
In Hari Shankar Rastogi vs. Girdhari Sharma [AIR 1978
SC 1019], the Supreme court has held that a private person
who is not an advocate, has no right to barge into Court and
claim to argue for a party.
Rules regarding right to practice:
To practice law in India, an advocate is mandated to fully
comply with all the provisions mentioned under the act. In
order to register as a lawyer in India, the following
requirements of the State Bar Councils are also to be
observed:
1. The Law Graduate should be an Indian Citizen.
2. Must have completed 21 years of age.
3. Must have obtained a degree in Law from a university of
law school recognized by the Bar Council of India or

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4. Secured a foreign qualification in law which is duly

acknowledged by the Bar Council of India in order to be
accepted as a ‘lawyer’ under the India bar.
Some other rules regarding lawyer’s right to practice:
Rule 47 provides that an advocate shall not personally
engage in any business; but he may be a sleeping partner in a
firm doing business provided that in the opinion of the
appropriate State Bar Council, the nature of the business is
not inconsistent with the dignity of the profession.
Rule 48 makes it very clear that an advocate may be
Director or Chairman of the Board of Directors of a company
with or without any ordinarily sitting fee, provided none of his
duties are of an executive character.
Rule 51 permits the lecturing and teaching subjects,
both legal and non-legal. However, this right is subject to the
Advocates (Right to take up Law teaching) rules, 1979.
According to Rule 3 of the said rules an advocate may, while
practicing, take up teaching of law in any educational
institution which is affiliated to a University within the
meaning of the University Grants Commission Act, 1956 (3 of
1956), so long as the hours during which he is so engaged in
the teaching of law do not exceed three hours in a day.
Rule 52 states that nothing in these rules shall prevent
an advocate from accepting after obtaining the consent of the
State Bar Council, part-time employment provided that in the
opinion of the State Bar Council, the nature of the
employment does not conflict with his professional work and

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is not inconsistent with the dignity of the profession. This rule

shall be subject to such directives if any as may be issued by
the Bar Council India from time to time.
The Advocates Act, 1961 allows foreign lawyers to
practice law in India on a reciprocal basis as stipulated under
section 47. The much debatable issue of authorizing Foreign
Lawyers to practice in India has still not received a wave from
the Supreme Court and is being expected with a blank
resolution for the same.
Conclusion
The Advocates Act, 1961 is an autonomous act of law
that governs and empowers the legal profession in India.
Extending across the country, the Advocates Act, 1961 is
passed by the Parliament, of India, providing the laws for legal
practitioners and the constitution of the Bar Council of India
as well as state bar councils. The act reserves the rights of
legal enrollment, professional ethics, admission, practice,
discipline, education, regulations, improvisations, and law
reforms, etc. for legal professionals namely, Indian Lawyer and
advocates practicing in India.
Being one of the largest and the oldest professions in
the world, the Indian Legal Profession has been enrolled with
more than 1.4 million advocates across the country. In order
to practice Law as an advocate or barrister or solicitor, the
legal professional should be enrolled with the Bar Council of
India.

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Constitutional guarantee under Article 19(1) (g) and its scope

Article 19(1)(g) of the Constitution provides right to

practice any profession or to carry any occupation, trade or
business to all citizens subject to Article 19(6) which
enumerates the nature of restriction that can be imposed by
the state upon the above right of the citizens.
Constitution has granted this fundamental right under
Art 19(1)(g), for the prosperity and well being of everyone in
the society. The State ensures that no individual residing
within the territorial boundaries of the country is deprived of
this right and if at all he is, it will take the requisite measures
to avail him of an appropriate remedy and make sure that
justice is delivered. Every citizen should utilize this right to the
best of his capabilities and for his moral as well as economic
progress.
Scope
Article 19 (1) (g) confers a broad and general right which
is available to all persons to do work of any particular kind and
of their choice. It does not confer the right to hold a particular
job or to occupy a particular post of one’s choice. The right to
pursue a calling or to carry on an occupation is not the same
thing as the right to work in any particular post under a
contract of employment
Art. 19(1)(g)) grants a person the freedom to choose the
source of his or her choice of living. The right covers the right
not to choose an undertaking or the right to close a company.
The second right comes with other provisions such as

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payment of wages for jobs, pension, etc. The right of the

person to carry on a career is fundamental to a man's life and
the state does not place any specific restriction on it, except
for the general public's benefit. There is of course no right to
carry on a dangerous or immoral business
Article 19(1)(g) confers a general and vast right available
to all persons to do any particular type of business of their
choice. But this does not confer the right to do anything
consider illegal in the eyes of law or to hold a particular job or
to occupy a particular post of the choice of any particular
person.
Article 19(1)(g) is intended to evolve socio-economic
strengthening throughout the country. The essence of true
and just democracy is derived from the powers provided to
citizens of any nation. These powers are in form of
fundamental rights guaranteed by State. The word
“guarantee” plays an eminent as well as vital role in deciding
the gravity of power provided by the State to its citizens.
Article 19(1)(g) provides a tool which will ensure to all
citizens their right to earn livelihood, this article is an enabling
provision for the same. The ambit of this article tries to cover
all forms as well as means to earn livelihood and to do
economic activity.
In Excel Wear v. Union of India (1979), It was held that
the right of the businessmen to close down their business
(and in particular the members' right of voluntary winding up)
has to be protected. The Apex Court in Excel Wear case, by

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holding the impugned provisions as unconstitutional has

rightly prevented the businessmen from being forced to
implore to the government for permission to close down their
business which could have been easily denied by the
government arbitrarily and without any reason.
Conclusion
Right to carry on any occupation, trade or business is a
fundamental right in India guaranteed under Article 19(1)(g)
in the Constitution of India. This right is not an absolute one
and is subject to certain reasonable restrictions.
The Right to Freedom is one of the most important
Fundamental Rights under the Constitution of India. Without
freedom, there can't be any democratic setup. People will not
be able to grow and develop if they do not have the freedom
to do anything. At the same time, providing people with
absolute freedom could be very dangerous. It is important to
put restrictions on freedom so that people don't misuse their
rights and co-exist with others peacefully.
The State thus acts as a source of limiting the freedom
of individuals. The Constitution of India has mentioned the
freedoms and the grounds on which they can be limited. This
balance of power is necessary. Thus, the Article 19 ensures
the welfare of the citizens of our country. It enables them to
form opinions and choices and work accordingly to their will.
But through reasonable restrictions it also ensures that while
one is exercising his right he doesn't infringe the right of any
other person or create thread to the society.

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Enrolment and Practice

The Bar Council of India is a well known established

statutory body in India governing the legal domain of the
nation. This body was formed under the statute of Advocates
Act, 1961 with an objective to present standards of conduct
to be carried out at a professional level along with the role of
governing the functioning of all other State Bar Councils.
The Bar Council of India is a corporate body by itself,
coming under the purview of the Ministry of Law and Justice
under the Government of India. Being a corporate body, it has
a seal and a perpetual succession over movable as well as
immovable property and therefore by its very name can sue
anyone infringing the same or be sued for its own deeds.
The Bar Council of India consists of a total of 18
members which is inclusive of the Attorney General of India
and the Solicitor General of India. The rest 16 members are
the representatives of the State councils across the nation.
Advocates Enrolment
Currently, any individual can be enrolled as an advocate
under the State Bar Council if he or she has necessarily
appeared in the examination held by the Bar Council of India
and have thereby cleared the same.
As the Advocates Act, 1961 have mentioned, the States
are provided with the flexibility to frame their own regulations
for the enrolment of an advocate in the council. The
committee that is formed to look after the procedure of
enrolment is provided with the authority to carry out scrutiny

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of the applications submitted by the candidates those have

applied for the examination.
An enrolment fee needs to be paid according to the
provision of Section 24(1)(f) of the Advocates Act, 1961 of an
amount of Rs.600 to the respective State Bar Council and an
amount of Rs 150 is to be deposited to the Bar Council of
India. Separate demand drafts are to be used for the mode of
payment of these amounts to the different councils.
Although different states have been provided with the
freedom to set their own rules, the majority of the States ask
the candidate to provide with certain requirements which are:
1) Application along with the showcasing of the law degree
obtained from a university which follows the parameters laid
down by the council.
2) Marksheets of the degree need to be provided as well.
3) Judicial Stamp papers.
4) Fees as having been mentioned to be provided with.
The candidates who are eligible are those appointed as
advocates of State Bar Councils on its roll. It is through the
State Bar Council that the contact details and other
information of relevance can be found when it comes to the
appointment of the advocates.
Scrutiny of the application of the candidate is to be
carried out by the Council’s Enrolment Committee. The
eligible candidates who are to be appointed as an advocate
are issued a Certificate of Enrolment by the State’s Bar
Council.

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Procedure to enrol into the Bar council

The Bar Council of India along with the State Bar Council
provides a platform for these lawyers to enrol as an advocate
in order to keep a record as in how many practising advocates
on the record are there in the country. This ensures stability in
the functioning of the bar in India.
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. 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.
Section 16 to 18 of the Advocates Act of 1961 governs
the admission and enrolment of advocates.
The Advocates Act, 1961 provides authority to the State
Bar Councils to promulgate their respective rules and
regulations for enrolling advocates. The committee formed by
the respective councils carried out the scrutinizing procedure
of the applications by the candidates aspired to practice as
advocates.
The admitted candidates of the State Bar Council are
eligible to appear for the All India Bar Council Examination
which is held by the Bar Council of India. Qualifying this
examination will provide the advocate enrolled by the State
with a certificate and thereby provide the opportunity to him
or her to practice as an advocate in any lower court or High

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Court within Indian territorial jurisdiction. There are, at

present, 20 State Bar Councils across India.
The provisions for admission and enrollment of an
advocate are mentioned under chapter III of the Advocates
Act, 1961. Section 24 of the Advocates Act, 1961 provides
the qualification and rules. These provisions shall be required
to get admitted as an advocate on the State roll.
The conditions that are laid down by the concerned
provision are:
1) The person must be a citizen of India. Any other nationals
can be appointed as an advocate on a State basis if the
following grounds are fulfilled:
a) Has to be an Indian citizen.
b) Should be qualified as per requirement.
c) Has been granted permission to carry on legal practice in
any other country.
d) Should be subjected to necessary restrictions that are
required and as provided.
2) The person should be more or equal to the age of twenty-
one years but should not be less than that.
3) A degree in law has been obtained from any university
recognised under the Bar Council of India. If the national hails
from some other country then a degree in law in the foreign
university will suffice provided the degree is recognised in
India under the Act by the Bar Council of India.
4) Any other conditions or parameters laid down by the State
councils should be carried out by the person.

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Any person who satisfies the above conditions can make

an application to the State Bar Council in whose jurisdiction
he intends to practise as an Advocate. The application shall be
accompanied by prescribed fees payable to the State Bar
Council and Bar Council of India.
The application for enrolment is scrutinised by the
Enrolment Committee of the State Bar Council. The State
Council may refuse to admit an application provided that they
shall refer the application to Bar Council of India for their
opinion.
The State Council shall intimate the Bar Council, its
grounds for refusing the application. The application shall be
finally disposed in conformity with the opinion made by the
Bar Council of India.
Once a State Bar Council has refused to entertain an
application for enrolment, the Council shall intimate the
details of the applicant, reasons for refusal etc to other State
Bar Councils. And if the requirements are met, the applicant
will be admitted as an Advocate in the State Roll.
After completing the due registration, a person is
enrolled with State Bar Council and allowed to practice as an
advocate provisionally for two years. Within two years, an
Advocate enrolled with State Bar Council needs to clear the
All India Bar Examination conducted by the Bar Council of
India. The AIBE is conducted bi-annually (twice a year). Once
an advocate clears the AIBE examination, he is entitled to
practice before any court of law in India.

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All India Bar Council Examination

All India Bar Examination is an examination conducted
by Bar Council of India for law graduates willing to start
practice of Lawyer.
The All India Bar Examination is conducted by the
Council to examine the practical knowledge of an Advocate. It
is a national-level examination that helps to determine
advocates about to profess the legal profession is the All India
Bar Council Examination that acts as a screening procedure to
identify the potentials in an individual aspiring to be an
advocate and contribute in the legal profession.
Only after qualifying in the examination, the Bar Council
of India issues a certificate certifying that the advocate can
practice in the nation. That is, once the All India Bar exam is
cleared by the candidate, Bar Council of India issues
Certificate of Practice.
Thus the examination is the entrance to the legal domain
of practising for any aspiring advocate. An analytical and
aptitude assessment, the All India Bar Council Examination is
indeed an ingredient in the Indian legal system.
It is one of the essentials in the procedure for enrolment
in the Bar. It is a step for upliftment in the post of an advocate
who has been enrolled with any State Bar Council. The
national level standardised form of Examination is conducted
across 40 cities of India in 11 languages. This examination
acts as a determination for an individual to practice as an
advocate in any lower court or high courts in the country.

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Eligibility for the examination

In order to be eligible for the examination, the following
grounds need to be abided by:
1) The examination applicant has to be a citizen of India.
2) A degree of LLB of either 3 years or 5 years is required to
be eligible for appearing in the examination.
3) The applicant should be a registered advocate under any
State Bar Councils.
4) A valid advocate identification should be present with the
applicant.
5) The applicant cannot apply for the examination in the same
year he or she is qualifying with an LLB degree.
Disqualification of an Advocate
A person registered with the Bar Council as an advocate
is subjected to disqualification from the Bar. The provisions of
disqualification ensure the decorum and discipline among the
advocates. It also ensures professional ethics in the profession
of law and code of conduct in the Court. Section 24(A) of the
Advocates Act, 1961 provides the provisions for
disqualification of an advocate. A person shall not be
admitted as an advocate under the following conditions:
 A person is a convict for an offense involving immorality.
 A person is a convict for an offense under the Untouchable
(Offence) Act, 1955.
 A person is dismissed or removed from employment or
service under the State Government on any charge
involving immorality.

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Certificate of Practice:
As per Rule 5 of the Certificate and Place of Practice
(Verification) Rules, 2015, an Advocate shall not be entitled to
practice law unless he holds a valid and verified Certificate of
Practice issued either under All India Bar Examination Rules or
under the said Rules of 2015.
The advocates who have graduated in law, and enrolled
on the Roll of advocates are required to apply for issuance of
Certificate of Practice under All India Bar Examination Rules,
2010 and for verification of such certificate of practice from
the State Bar Council in which he/she is enrolled as an
advocate under Rule 9 of Rules of 2015, if they have
completed 5 years from the date of issuance of certificate of
practice by the Bar Council of India.
Conclusion
As the legal profession is gaining importance with the
evolution of the world, the Bar Council of India which was
established under the Advocates Act, 1961 is also gaining
recognition more than ever. This regulating statutory body
has come up with a very organised and well-structured
procedure for the enrolment of the advocates. Stages have
been divided in order to avoid any kind of causality in the
procedure. With advocates being enrolled in the Bar by means
of the procedure, the domain of legal aid regulation is also
being carried out swiftly. Legal aid is reaching out to the poor
and the needy ones. Thus in this way it is promoting the legal
education and profession across the nation.

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Regulation governing enrolment and practice

The Advocates Act, 1961

The Advocates Act, 1961 was enforced on 16th August
1961 to integrate and constitute one class of legal
practitioners called ‘Advocates’. The Advocates Act, 1961
replaced the Indian Bar Councils Act, 1926, and endorsed
14th Law Commission Report to implement the
recommendation of the All India Bar Committee.
The Advocates Act, 1961 is an autonomous act of law
that governs and empowers the legal profession in India.
Extending across the country, the Advocates Act, 1961 is
passed by the Parliament of India, providing the laws for legal
practitioners and the constitution of the Bar Council of India
as well as state bar councils.
The Advocates Act, 1961 provides a legal framework
and guidelines for legal practitioners. It aims to prescribe
uniform qualifications for the Bar enrollment. It directs to
establish the All India Bar Council and State Bar Councils. Its
objective is to offer standard methods for registration with
State Bar Councils and provide credentials required to
practise in the court. It also provides the rights and duties of
an advocate towards a client or a court.
The act reserves the rights of legal enrollment,
professional ethics, admission, practise, discipline, education,
regulations, improvisations, and law reforms, etc., for legal
professionals namely, Indian Lawyer and advocates practicing
in India.

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Section 16 to 28 of the Advocates Act, 1961 governs the

procedure relating to admission and enrolment of advocates,
and Sections 29 to 34 deals with the advocates’ right to
practise.
Bar Council of India
Bar Council of India (BCI) is a statutory body established
by the Parliament under Section 4 of the Advocates Act, 1961.
BCI is an apex body that regulates legal practises and legal
education in India. Bar Council of India organizes free legal aid
to the poor. It also recognizes foreign qualifications in law
obtained for admission as an advocate in India. It also
recognizes law universities and colleges to impart legal
education in the Country to aspiring law students.
BCI supports new reforms in the Indian Legal System to
deliver justice to the aggrieved. BCI acts as a guardian and
safeguards the interest of advocates. BCI of India has several
committees to deal with specific subjects such as the legal aid
committee, executive committee, AIBE committee, etc.
The Bar Council of India Act, 1926 unites different
grades of legal practicing and enables different courts bars to
function as a self- governing body or entity. The Bar Council
of India is responsible for planning, prescribing and
implementing issues with respect to legal education,
professional conduct, and qualification measures for legal
enrollment, legal ethics, professional control and disciplinary
jurisdiction above the bar.

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The Act majorly reserves the rights for enrollment of

legal professionals for practicing law as Advocates in Indian
Courts. The Bar Council of India also keeps the stake in
granting recognition to only those law universities whose
student qualification will be accepted in the eyes of the
Indian Judicial System.
Provisions related to Enrolment and practise of Advocates
(1). Every State Bar Council is required to prepare and
maintain a roll of advocates which includes names and
addresses of the advocates. Each roll shall consist of two
parts- the first part containing the names of senior advocates,
and the second part containing the names of other advocates.
(S. 17)
(2). Any person whose name is entered as an advocate on the
roll may make application to the Bar Council of India for the
transfer of his name to any other State Bar Council. (S.18)
(3). Every advocate who was entitled as of right to practise in
the Supreme Court whose name is not entered in any State
roll, may express his intention to the Bar Council of India for
the entry of his name in the roll of a State Bar Council. (S.20)
(4). There shall be issued a certificate of enrolment by the
State Bar Council to every person whose name is entered in
the roll of Advocates. (S.22)
(5). In order to practise law in India, an advocate or a lawyer is
mandated to fully comply with all the provisions mentioned
under the act. In order to register as a lawyer in India, the

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following requirements of the State Bar Councils are also to

be duly complied with:
 The Law Graduate should be an Indian Citizen.
 Must have completed 21 years of age.
 Must have obtained a degree in Law from a university of
law school recognized by the Bar Council of India or
 Secured a foreign qualification in law which is duly
acknowledged by the Bar Council of India in order to be
accepted as a lawyer under the India bar.
A person shall be qualified to be admitted as an
advocate if he fulfills the above mentioned conditions. (S.24)
(6). An application for admission as an advocate shall be made
in the prescribed form as prescribed by the State Bar Council
within whose jurisdiction the applicant purposes to practise.
(S.25)
(7). A State Bar Council shall refer every application for
admission as an advocate to its enrolment committee. If the
enrolment committee proposes to refuse any application, it
shall refer the application for opinion to the Bar Council of
India. (S.26)
(8). A State Bar Council may remove from the State roll the
name of any advocate who is dead or from whom a request
has been received to that effect. (S.26A)
(9). Where a State Bar Council refused the application of any
person for admission as an advocate on its roll, no other State
Bar Council shall shall entertain an application for admission
of such person as an advocate on its roll, except with previous

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consent of the State Bar Council which refused the

application and of the Bar Council of India. (S.28)
(10). Advocates are the only recognized class of persons who
are entitled to practise law. (S.29)
(11). Every advocate whose name is entered in the State roll
shall be entitled as of right to practise throughout the
territories to which this Act extends, and in all courts including
the Supreme Court. (S.30)
(12). Any Court, authority or person may permit any person
who is not enrolled as an advocate to appear before it or him
in any particular case. (S.33)
The Advocates Act, 1961 and the Bar Council of India
Act 1926 governs enrolment and practice of advocates.
In the case of Indian Council of Legal Aid and
Advice v. Bar Council of India8, the Supreme Court has
held that the rule debarring a person who has completed the
age of forty-five to be enrolled as an advocate is arbitrary,
unreasonable and beyond the power of the Bar Council of
India and consequently, void.
The Supreme Court in V. Sudeer v. Bar Council of India9
has held that the Bar Council can exercise power and frame
rules for effectively discharging its statutory functions as laid
down by the Act. Neither of statutory functions entitled
Bar Council to provide for disqualification, disability or an
additional condition for enrolment. The rule made by Bar
Council of India which lays down pre-enrolment training as
pre-condition is ultra vires.

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Practice of Law

Practice of law is a noble profession. In the most general

sense, the practice of law involves giving legal advice to the
clients, drafting legal documents for clients, and represents
clients in legal negotiations and court proceedings such as
lawsuits, and is applied to the professional services of a lawyer
or attorney at law, barrister, solicitor, or civil law notary.
Practice of law means any activity, in or out of court
which requires the application of law, legal procedure,
knowledge, training, and experience. To engage in the
practice of law is to perform those acts which are
characteristics of the profession.
Generally, to practice law is to give notice or render any
kind of service, which device or service requires the use in any
degree of legal knowledge or skill. A practicing lawyer is one
engaged in the practice of law, who by license is an officer of
the Court and is empowered to appear, prosecute and defend
a client’s case.
According to the Rule 2(xx) of Rules of Legal Education,
2008, practice of law means and includes:
(a). practicing before the Court, Tribunal, Authority, Regulator,
Administrative Body or Officer and any Quasi Judicial and
Administrative Body,
(b). giving legal advice either individually or from a law either
orally or in writing,

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(c). giving legal advice to any government, international body

or representing any international dispute resolution bodies
including International Court of Justice,
(d). engaged in Legal Drafting and participating in any Legal
Proceedings, and
(e). representing in Arbitration Proceedings or any other ADR
approved by law.
Therefore it is also clear from the above definition that
apart from practicing before the courts, tribunals and other
persons, there are other aspects also which fall under the
definition of the expression ‘practice of law’. Undoubtedly, the
Advocates Act, 1961 regulates and governs the practice of
law whether litigious or non-litigious practice. Section 33 of
the Advocates Act provides that a person not enrolled as an
advocate is not entitled to practice before the Court.
Further the Bombay High Court in Lawyers Collective vs
Bar Council of India and Others, held that the expression ‘to
practice the profession of law’ in section 29 of the 1961 Act is
wide enough to cover the persons practicing in litigious
matters as well as persons practicing in non litigious matters
and, therefore, to practice in non litigious matters in India, the
respondents were bound to follow the provisions contained in
the 1961 Act.
Evolution of Practice of Law
In 1726 when Mayor’s Courts were established at
Madras and Calcutta, there was no legal training at that time
and it is reported that many practitioners were dismissed

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servants of East India Company. Although, the first Supreme

Court was established in 1774 at Calcutta and the Regulating
Act of 1773 empowered Supreme Court to approve, admit
and enroll advocates and attorneys at law; it was the Legal
Practitioners Act, 1846 which was the first of Indian law
concerning pleaders and practitioners.
The Bill that brought the 1961, Act into existence sought
to implement the recommendations of the All India Bar
Committee in 1953, after taking into account the
recommendations of the Law Commission on the subject of
Reform of Judicial Administration.
The Advocate Act, 1961 eventually came to be enacted.
The most important thing to be noted is that, all these laws
were confined to regulating the practice of law before courts
and tribunals. An examination of all the statutory provisions
indicates that it was never the intention to regulate non-
litigation work.
Practice the Profession of law
The Advocates Act, 1961 is the primary legislation
governing legal profession in India. Chapter-IV of the
Advocates Act, 1961 is titled “Right to practice”. Section 29
states that only advocates are entitled to practice the
profession of law and this right under section 30 extends to all
courts, tribunals and other authorities mentioned therein.
Section 33 states that only a person enrolled as an advocate
can practice in any court or before any authority or person.

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Section 32 enables the court to permit even a person not

enrolled as an advocate to appear before it in any case.
The word “advocate” is defined in section 2A and on a
reading of other clauses in the definition in section 2 means
advocate who has enrolled with any State Bar Council. In the
absence of a definition in the Advocates Act, 1961, ‘practice
the profession of law’ would mean taking into consideration
the historical evolution of this legislation to mean, practicing
before courts and tribunals and would not apply to non-
litigation work.
Article 220 and Non-Advocates Practicing Law
Article 220 of the Constitution of India restricts a retired
judge from practicing in the court in which he was a judge.
However, he is entitled to practice in any other High Court and
the Supreme Court. The Advocates Act, 1961 and Bar Council
Rules requires such a retired judge to re-enroll himself before
a Bar Council so as to re-acquire right to practice.
Several retired judges give extensive legal opinion,
which is a non-litigation work. Similarly, deciding disputes as
an arbitrator is a mixture of both litigation and non-litigation.
Retired judges performing all the aforesaid activities are
engaged in practice the profession of law but it would be
illegal unless they are enrolled as advocates.
Similarly, Chartered Accountants, Company Secretaries,
Civil Engineers and Architects shall not be entitled to advise
on any law as it would amount to non-litigation practice and
practice the profession of law. As earlier mentioned, this was

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never the intention of the Advocates Act, 1961 or the

legislations that preceded it. Till date, there is not a single Bar
Council of India Rule that purports regulating the non-
litigation practice. The Supreme Court has failed to take into
consideration that non-advocates like Chartered Accountants
give opinions or interpret the provisions of Income-tax Act,
Company Secretaries gives advise and interpret provisions of
Companies Act. Even Civil Engineers and Architects are
required to interpret and apply municipal and building laws.
Unauthorized practice of law is the practice of law by a
person, typically a non lawyer, who has not been licensed or
admitted to practice law in a given jurisdiction. Any person
who practices in any court or before any authority or person,
in or before whom he is not entitled to practice under the
provisions of this Act, shall be punishable with imprisonment
for a term which may extend to 6 months.
Conclusion
The practice of law is the application of legal principles
and judgment with regard to the circumstances or objectives
of another entity or persons(s) which require the knowledge
and skill of a person trained in the law. It means providing
professional legal advice or services where there is a client
relationship of trust or reliance.
The Constitution vests the power of control and
regulation in the Supreme Court. The constitutional power to
admit candidates to the legal profession is a judicial function
and involves the exercise of discretion.

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Solicitors firm

A Solicitor is a legal practitioner who traditionally deals

with most of the legal matters in some jurisdictions. Solicitors
advise clients and draft pleadings/documents, but engage
advocates for conducting the case in the court.
A Solicitor is a qualified legal professional who provides
expert legal advice and support to clients. A Solicitor’s client
can be individual people, groups, private companies or public
sector organisations. After taking instructions from clients,
Solicitors will advise on necessary courses of legal action
depending on their areas of legal expertise.
A solicitor’s role is to take instructions from clients,
which can include individuals, groups, private companies and
public sector organisations, and advise them on actions they
can take from a legal standpoint.
In the event of a legal matter going to a tribunal or Court,
a solicitor can instruct a barrister to act on behalf of a client –
the responsibility of a solicitor is to prepare the case for a
barrister.
A solicitor can cover large clientele unlike the advocate,
Mostly solicitors work on retainer basis for large companies
for a remuneration. Commercial clients call in solicitors for
advice on matters including litigation, property, tax and
finance. Private client work usually involves personal legal
matters such as wills, property conveyancing, divorce and
custody.

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Day-to-Day Solicitor Roles

On a day-to-day basis, a solicitor’s role can vary,
involving tasks such as:
 Meeting, interviewing and advising clients
 Drafting and negotiating legal documents and contracts
 Providing specialist legal and commercial advice on several
areas of law
 Researching and interpreting complex points of law
 Instructing and preparing cases for barristers
Solicitors’ firm
Solicitors firm is a business entity formed by one or more
solicitors to engage in the practice of law. The primary service
rendered by them is to advice clients about their legal rights
and responsibilities. Solicitors' firms come in all shapes and
sizes. Solicitors need a wide range of skills. As well as being
able to communicate with clients and develop good working
relationships with them, they need to be able to work closely
with colleagues, pay close attention to detail and be willing to
work long hours. They also need initiative and good judgment
to work with complex information.
Solicitors work very closely with clients and are often the
first point of contact for people in need of legal advice. The
work of a solicitor can be split into contentious legal work and
non-contentious legal work. Contentious legal work involves
resolving disputes between two or more parties, and often
includes Court or tribunal appearances. Non-contentious legal

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work focuses on the legal aspects of a business or personal

matter.
Solicitors either work for a solicitors’ firm or in-house for
a private or public sector organisation. Most solicitors will
start their careers with a legal firm, which offers a blend of on
the job training while pursuing qualifications. The majority of
solicitors will then go on to specialise in a specific area of law
or practice multiple areas of law.
In-house solicitors are those that sit within an
organisation’s legal department. For example, the BBC,
several government departments and several charities have
legal departments. The majority of in-house solicitors tend to
start their professional careers with a law firm before making
the switch to a legal department role within an organisation.
Most solicitor firms operate under standard 9-5 working
hours. However, solicitors often work unsociable hours doing
research and paperwork in order to be fully prepared, manage
their workloads and meet deadlines.
In some cases, especially those who represent
multinational companies or overseas clients, have to work
across different time zones. Evening and weekend work is also
not uncommon.
The working hours of a solicitor have to be flexible to fit
around client needs, so the hours that a solicitor works can be
unpredictable. However, the hours a solicitor works depend
on the firm or organisation they work for – some offer more
regular hours, others less so.

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Lawyer vs Advocate vs Attorney vs Solicitor

A person who is studying to get a law degree or who has
completed a law degree can be called a lawyer. Besides, any
person who has been trained in law is termed a lawyer. He
may be a legal adviser, a consultant, an academician, an in-
house legal counsellor in a corporate firm. He may draft
documents such as wills, contracts, deeds, etc.
Advocates are the lawyers who qualify for the Bar
Council Exam according to the Advocates Act, 1961. In
simpler words, an advocate is a person within the legal
profession who possesses a law degree and also represents
his clients in the court of law. He represents his clients in the
court of law. He represents his client to help them win the
case and avoid the sentence or be compensated, depending
upon the client’s status, i.e., whether the client is an accused
or the complainant.
The Chief Legal Advisor to the Government of India and
the primary lawyer in the Supreme Court of India are called
Attorneys. The appointment of an attorney is performed by
the President of India, and he holds his office at the pleasure
of the President. He advises the Government of India on legal
issues that are entrusted to him by the President. He is also
expected to appear in the Supreme Court and the High Court
on behalf of the government in all such cases in which the
Government of India is concerned. This includes suits, appeals,
and other proceedings as well.

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A solicitor is a qualified legal professional who provides

specialist legal advice on different areas of law and is
responsible for representing and defending a client's legal
interest. Lawyers who want to be solicitors should pass an
examination. In India, a two-year practice is also required
before an Indian lawyer can qualify as a solicitor.
The only difference between a solicitor and a lawyer is
where the terms originate from. ‘Solicitor’ is more of a British
term, while ‘lawyer’ is more of an American term.
In the UK, ‘lawyer’ is not used to describe a specific role
within the legal system, but is used as an umbrella term to
cover anyone that works as a legal practitioner.
Conclusion
Solicitors advise clients and draft pleadings/documents,
but engage advocates for conducting the case in the court.
Lawyers who want to be solicitors should pass an examination.
In India. A two-year practice is also required before an Indian
lawyer can qualify as a solicitor.
Solicitors are those who advise the clients and draft
documents and pleadings for the clients but engage
advocates to appear in the court on behalf of the customer.
They can cover large clientele, unlike the advocate who has a
limited number of clients because they have to advise and
appear for them in the courts. Solicitors are experts in
advising clients on a wide variety of legal matters and are also
adept in drafting corporate documentation for various
transactions, negotiations and deals.

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Elements of Advocacy

According to Section 2(1)(a) of the Advocate Act 1961,

an" Advocate" means an Advocate entered in any roll under
the provisions of the Act.
If a person fulfills the conditions required for an
admission as an advocate, he may be enrolled as an advocate
by the State Bar Council. The conditions to be fulfilled for
being enrolled as an Advocate have been stated in Section 24
of the advocate act 1961. An application for an admission as
an advocate shall be made in the prescribed form to the State
Bar Council within whose jurisdiction the applicant proposed
to practice. The State Bar Council is required to refer every
application for admission as an advocate to its enrollment
committee, which shall dispose of the application in the
prescribed manner.
Advocacy:
The word ‘advocacy’ takes its roots from the Latin term
‘ad vocare’ meaning to speak for someone. It implies
identifying a cause, believing in it, mobilizing and influencing
others to support it so as to change the policy or programme
that is negatively affecting that cause.
Advocacy involves representing and defending the
rights and interests of others, and it offers an incredible
opportunity to bring about positive change and create a more
equitable society.
Advocacy is an important skill because it empowers
individuals to advocate for their rights, address injustices, and

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bring about positive change. It allows for effective

representation of marginalized groups, influences policy
decisions, promotes access to justice, and ensures a fair and
equitable society for all.
Advocacy enables lawyers to effectively represent and
advocate for their clients’ interests, present compelling
arguments, navigate legal complexities, influence legal
outcomes, and uphold the principles of justice. Strong
advocacy skills enhance a lawyer’s ability to achieve
favourable results for their clients.
Purpose and Objectives of Advocacy
The main purpose of advocacy is to engage authorities
or governments in dialogue so as to effect a change in their
existing policies, practices, beliefs and ideas that are anti-
people and not poor-responsive. In addition, where there were
no policies before, advocacy would aim at causing the
authorities to enact new policies on emerging issues that are
adversely affecting the lives of the people.
Advocacy is necessary in order to:
 influence the policy makers as a means of addressing roots
and causes of the particular problem;
 contribute more effectively to reducing poverty and
preventing deaths and suffering through the use of wide
range of intervention;
 reach a large segment of population and broaden the
scope of program impact; and increase financial and
material support for programmes.

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The goals and objectives of advocacy are to facilitate

change and the development of new areas of policy, in order
to tackle unmet health needs in a given community.
Elements of advocacy
The following are 8 essential elements of advocacy.
A) Accept Brief in the Court:
An advocate is bound to accept any brief in the Courts or
Tribunal or before any other authority in or before which he is
professes to practice at a fee consistent with his standing at
the Bar and the nature of the case.
B) Filing the case:
In civil cases, a suit is required to be instituted by
presenting a plaint to the court. The statement of a plaintiff
regarding his claim is taken as a plaint. The plaintiff presents
his case along with cause of action etc., through the plaint.
The plant is also called the written statement. Every pleading
is required to contain a statement in a concise form of the
material facts on which the party filing the plaint relies for his
claim or defense.
Pleadings- There are four fundamental principles of pleadings:
1) Every pleading must state Fact and No Law.
2) It must state all the material facts;
3) It must state only the facts on which the party pleading
relies, and not the evidence; and
4) It must state concisely but with precision and certainty.
The object of the pleading is to make both the parties
aware of their cases and allegations against each other. Every

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pleading shall be signed by the party and his pleader. Order VI

of the Civil Procedure Code deals with pleadings. It contains
several rules relating to pleading. An advocate shall follow the
rules in his pleading. Suit is commenced by presentation of
the plaint.
C) Examination-in-chief -
Examination-in-chief is the way in which advocates
present almost all the evidence through witnesses, whether as
Counsel for plaintiff or defendant. Examination of expert
witnesses and admission of expert opinions are also vital part
of advocacy for which special skill is to be achieved according
to the expert evidence.
D) Cross-examination -
The examination of a witness by the adverse party shall
be called his cross examination. Witness shall be first
examined-in-chief and cross-examined, later re-examined.
The witness maybe cross-examined to show his bias or
prejudice, to show an interest in the outcome of the case.
Cross-examination should be carefully done to the extent
when there is a reasonable chance that it will advance their
clients theory of the case or undermine some elements of the
opponent's case or defense.
In cross-examination every question is required to be
asking with an object. By cross-examination discrepancies in
the evidence of the opponent may be created.
Cross examination of witness is a procedural matter. It
should be done according to the provision of the Indian

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Evidence Act, Civil Procedure Code, Criminal Procedure Code

and the provisions of the law.
While cross-examining witnesses, an advocate must not
offend the personal feelings of the opposite party. Cross-
examination must relate to the relevant facts. An advocate
has no right to disgrace and bully a witness by putting
offensive questions. The witness may be cross-examined on
the same point and if there is a contradiction in relation to the
transaction, the same can be brought to the notice of the
court during arguments. Cross-examination should not be
misused by an examination which is unnecessarily too long,
ambiguous, improper, aimless and uncertain.
In cross examination an advocate should ask only
leading questions. Cross examination is an art and the
advocate should use it without losing temper. Questions
which affect the credibility of a witness by attacking his
character should not be asked.
It is to be remembered that crossed examination should
be carefully done and to the extent when there is a reasonable
chance that it will advance their clients theory of the case, or
undermine from elements of the opponent's case or defense.
The opponent advocate should not interrupt the cross
examining advocate. Cross examination is a right of the
Advocate but it should not be misused.
E) Re-Examination -
The examination of a witness subsequent to the cross
examination by the party who called him is called re-

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examination. The main object of the re-examination is to

explain the points arising out of the cross-examination. The
re-examination is required to be directed to the explanation of
the matter referred to the in cross examination.
In the re-examination, an attempt is to be made to
restore the credit of the witness attacked during the cross-
examination. In re-examination leading questions must not be
asked. If new matter is, by permission of the court, introduced
in re-examination, the adverse party has the right to cross-
examine upon that matter.
F) Arguments -
In arguing a case strongest points should be emphasized
and the weak points should not be raised as far as possible.
Arguments on each issue should be written out. The name of
witnesses and the documents in support of the issues should
be clearly noted.
An advocate should study the record of the case with the
object to discover the weak points and also the strong points
in the opponent's case. An advocate should prepare the
argument in such a way as to meet them and prove them as
insignificant. If the Advocate finds that a point of the
opponent is very strong and cannot be met, then it is better to
concede it.
The weak points in the opponent case should be
emphasized much as so as to prove that the weakness is of
such a nature that in spite of everything else cannot be
sustained.

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G) Appeals:
Arguing of appeals in a court of law is also of
considerable importance. In the previous judgment, the judge
will have some reasonable ground. A careful study of the case
is required to find the points which were not noticed by the
Court below.
Principles of Advocacy:
 Honesty
 Fairness
 Respect
 Compassion
 Integrity
 Self-discipline, etc.
Ingredients for effective advocacy:
Several ingredients make for effective advocacy, including:
 The rightness of the cause
 The power of the advocates (i.e., more of them is much
better than less)
 The thoroughness with which the advocates researched
the issues, the opposition, and the climate of opinion about
the issue in the community.
 Their skill in using the advocacy tools available (including
the media)
 Above all, the selection of effective strategies and tactics.
Advocacy means taking action to create change.
Advocates organize themselves to take steps too tackle an
issue. They help to give people ways to speak out about things

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that negatively affect them. Advocacy has been described as

‘speaking truth to power’.
Conclusion
Advocacy in law is a powerful practice that involves
representing and defending the rights and interests of others,
and it offers an incredible opportunity to bring about positive
change and create a more equitable society.
Advocacy uses the judicial system to advance social
change goals. This is often done through bringing a legal case
in court that focuses on improving a situation for a particular
group of people.
Advocacy is an important skill because it empowers
individuals to advocate for their rights, address injustices, and
bring about a positive change. It allows for effective
representation of marginalized groups, influences policy
decisions, promote access to justice.
Advocacy requires a range of skills, including effective
communication, persuasive argumentation, legal analysis, and
a deep understanding of legal principles and procedures.
Advocates must be able to present their client’s case clearly
and compellingly, anticipate counter-arguments, and respond
to questions from judges or opposing counsel.

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