MODULE 3

NEED FOR LEGAL PROFESSION IN INDIA

The Advocates Act of 1961 amended and consolidated the law relating to legal

practitioners and provided for the constitution of the State Bar Councils and an
All-India Bar - the Bar Council of India as its apex body. The Bar Council of
India is comprised of the Attorney General of India and the Solicitor
General of India as its ex officio members, as well as one member elected
from each of the State Bar Councils. The members of the State Bar Councils are
elected for a period of five years. Some main functions of the Bar Council of
India are:

(1) To lay down standards of professional conduct and etiquette for

advocates;

(2) To lay down the procedure to be followed by its disciplinary

committee and the disciplinary committee of each State Bar Council;

(3) To promote and support law reform;

(4) To promote legal education and to lay down standards of such education in

consultation with the Universities in India imparting such education and the
State Bar Councils;

(5) To organise legal aid to the poor in the prescribed manner;

(6) To recognise on a reciprocal basis foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India.

Privileges and duties of Advocates

After Independence, the Indian Government appointed All India Bar Committee

in the year of 1953. This committee has observed various suggestions and after
thorough examination it has made some recommendations to the Government of
India. As a result of the report submitted by All India Bar
Committee.Parliament has passed.The Advocates Act, 1961 Now Professional
ethics is governed by The Advocates Act, 1961 and Bar Council of India

The Act provides for the constitution of Bar Councils and All India Bar for
regularization of legal profession, whereas Bar Council of India is an
autonomous and independent body. It is a legal person and body corporate. It
shall have perpetual succession and a common seal with power to acquire and
hold property, both movable and immovable and to contract, and may by the
name by which it is known, sue and be sued. Section 7 of the Advocate's Act,
1961 states the functions of Bar Council of India. The first and foremost
function is that it has to lay down the professional conduct and etiquette for
advocates throughout India[2].
Conduct/ Duties Of Advocate:
Advocacy is a noble profession. It cannot be compared with any other
profession like trade, business etc. because it is a part and parcel of judiciary
and administration of justice. Bar and bench are two eyes of the Justice'. There
are judicial ethics and etiquette for judges. There are professional ethics and
etiquette for advocates. Every advocate should follow them in his profession.
An advocate is also a key person in