ASSIGNMENT- 5

THE ADVOCATES ACT, 1961

INTRODUCTION:
To put all of the suggestions made by the All India Bar Committee into effect, the Indian
Advocates Act, 1961 was enacted. The purpose of this act is to reform and create legislation
relating to legal practitioners, as well as to establish the State Bar Council and the All India
Bar Council.

1. CHAPTER SUMMARY

 CHAPTER I: PRELIMINARY
(a) "advocate" means a person who has been registered as an advocate under
the provisions of this Act;
(b) "appointed day" means the day on which a provision of this Act takes
effect.
(d) "Bar Council" refers to a Bar Council established pursuant to this Act;
(e) "Bar Council of India" refers to the Bar Council established under section
4 for the areas covered by this Act extends;
(g) "High Court" does not include a court of the Judicial Commissioner,
except in sub-section (1) 3 [and sub-section (1A)] of section 34 and sections
42 and 43, and, in relation to a State Bar Council, means: I in the case of a Bar
Council constituted for a State or for a State and one or more Union territories,
the High Court for the State; (ii) in the case of the Bar Council constituted for
Delhi.
(h) "law graduate" refers to a person who has earned a bachelor's degree in law
from any of the established universities.
(i) "legal practitioner" refers to a lawyer, pleader, mukhtar, or revenue agent or
vakil of any High Court;
(j) "prescribed" means "prescribed" under this Act's rules;
 (k) "roll" refers to a list of advocates prepared and maintained under this Act;
(l) "State" does not include a Union territory;
(m) "State Bar Council" refers to a Bar Council established under section 3;
(n) "State roll" refers to a list of advocates prepared and maintained by a State
Bar Council pursuant to section 17.

 CHAPTER II: BAR COUNCILS

Section 3 of the Advocates Act of 1961 specifies that a Bar Council shall be
established in each state in the manner stipulated by Section 3 of the Act (1).
The Advocate General of the relevant state is an ex-officio member of the
State Bar Council, according to Section 3(2)(a). According to Section 3(2)(b),
the state bar council should have the following number of members: The
number of members of the Bar Council is 15 when the number of Advocates
on the state roll is less than 5000. The number of members of the Bar Council
is 20 while the number of Advocates on the state roll is between 5000 and
10000. When the number of Advocates on the state roll exceeds 10,000, the
number of bar council members increases to 25.

 CHAPTER III: ADMISSION AND ENROLMENT OF ADVOCATES

 CHAPTER IV: RIGHT TO PRACTISE

 CHAPTER V: CONDUCT OF ADVOCATES
 CHAPTER VI: MISCELLANEOUS
 CHAPTER VII: TEMPORARY AND TRANSITIONAL PROVISIONS
2. LANDMARK JUDGEMENTS

o Section 15- Pratap Chandra Mehta vs. State Bar Council of Madhya
Pradesh

ISSUE- (1) Whether the provisions of Rules 121 and 122-A of the State Bar
Council of Madhya Pradesh Rules are ultra vires Section 15 of the Advocates Act,
1961? Was the delegation of legislative power under Section 15 of the Advocates Act
excessive, given that it lacks any rules for the dismissal of State Bar Council office-
bearers?
(2) Whether, despite the absence of enabling provisions in the main
statute, the Advocates Act, empowering subordinate State Bar Councils to enact
provisions for the removal of State Bar Council office bearers through no-confidence
motions, such power could be read into the general clause of Section 15(1) of the
Advocates Act?
(3) Are Rules 121 and 122-A of the M.P. Rules null and void because the
Bar Council of India has not given its prior approval?

RATIO DECIDENDI- It was said that if the Bar Council of India fails to prepare for
the election, a special committee must be formed for that purpose. Section 15(2) states
that rules can be adopted to provide for the electoral rolls and the mode of announcing
the results without prejudice to the generality of the aforementioned powers. The
State Bar Council's regulations will only take effect after they have been approved by
the Bar Council of India, as required by Section 15(3) of the Advocates Act. The State
Bar Council's actions must be consistent with democratic values, while also
respecting the advocates' high professional standards. As a result, this power does not
exceed the scope and preview of Section 15, when read in conjunction with other
provisions. Furthermore, the language of Section 15(3) of the Advocates Act is
explicit, and the new regulations have been approved by the Indian Bar Council.
o Section 16-