 CHARTER ACT OF 1833

The Charter Act of 1833 passed in the British Parliament, renewed the East India Company’s
charter for another 20 years. This was also called the Government of India Act 1833 or the
Saint Helena Act 1833.

The company’s commercial activities were closed down. It was made into an administrative
body for British Indian possessions. The company’s trade links with China were also closed
down. This act permitted the English to settle freely in India. This act legalised the British
colonisation of the country. The company still possessed the Indian territories but it was held
‘in trust for his majesty’.

Provisions of the Charter Act of 1833

India became a British colony

The Governor-General of Bengal was re-designated as the Governor General of India. This
made Lord William Bentinck the first Governor-General of India. Thus, the country’s
administration was unified under one control. The Governors of Bombay and Madras lost
their legislative powers. The Governor-General had legislative powers over entire British
India. The Governor-General in council had the authority to amend, repeal or alter any law
pertaining to all people and places in British Indian territories whether British, foreign or
Indian native. The civil and military affairs of the company were controlled by the Governor-
General in council. The Governor-General’s council was to have four members. The fourth
member had limited powers only. For the first time, the Governor-General’s government was
called Government of India and the council was called India Council.

Indian Law Commission

The act mandated that any law made in India was to be put before the British Parliament and
was to be called ‘Act’. As per the act, an Indian Law Commission was established. The first
Law Commission had Lord Macaulay as its chairman. It sought to codify all Indian law.

Split in Bengal Presidency

The act provided for the Presidency of Bengal to be divided into the Presidencies of Agra and
Fort William. But this never came into effect.
Indians in Government service

This was the first act that gave permission for Indians to have a share in the country’s
administration. It stated that merit should be the basis of employment to government service
and not birth, colour, religion or race.

Slavery

The act provided for the mitigation of slavery existing in India at that time. The British
Parliament abolished slavery in Britain and all its possessions in 1833.

Tilt towards Christianity

Since the number of British residents in the country was increasing, the act allowed for
having three Bishops in India. It also sought to regulate the establishment of Christian
institutions in India.

Significance of the Charter Act of 1833

It was the final step in the centralisation of India’s administration. The ending of the East
India Company’s commercial activities and making it into the British Crown’s trustee in
administering India. Codification of laws under Macaulay. Provision for Indians in
government service.
  INDIAN COUCILS ACT, 1861

The Indian Councils Act 1861 was an act of the British Parliament that made significant
changes in the Governor-General’s Council.

Provisions of Indian Councils Act, 1861

 For the executive functions of the Council, a fifth member was added. Now there were
five members for home, military, law, revenue and finance. (A sixth member for public
works was added in 1874.)

 Lord Canning, who was the Governor-General and Viceroy at the time, introduced the
portfolio system. In this system, each member was assigned a portfolio of a particular
department.

 For legislative purposes, the Governor-General’s Council was enlarged. Now, there
were to be between 6 and 12 additional members (nominated by the Governor-General).

 They were appointed for a period of 2 years. Out of these, at least half of the additional
members were to be non-official (British or Indian).

 Their functions were confined to legislative measures.

 Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of
Benares, the Maharaja of Patiala and Sir Dinkar Rao.

 Any bill related to public revenue or debt, military, religion or foreign affairs could not
be passed without the Governor-General’s assent.

 The Viceroy had the power to overrule the council if necessary.

 The Governor-General also had the power to promulgate ordinances without the
council’s concurrence during emergencies.

 The Secretary of State for India in Britain could also dissolve any act passed by the
Governor-General’s Council.

 This Act restored the legislative powers of the Governor-in-Councils of the Presidencies
of Madras and Bombay (which was taken away by the Charter Act of 1833). The
legislative council of Calcutta had extensive power to pass laws for the whole of British
India.
  There was provision made for the formation of legislative councils in other provinces.
New provinces could also be created for legislative purposes and Lieutenant Governors
be appointed for them. Legislative councils were formed in other provinces in Bengal in
1862, North-West Frontier Province in 1886 and Punjab and Burma in 1897.

Assessment of the Indian Councils Act 1861

 The legislative council had limited role. It was chiefly advisory. No discussion on finance
was permitted.

 Even though Indians were nominated, there was no statutory provision for the inclusion
of Indians in it.

 It allowed for the decentralisation of administration with the vesting of legislative power
to the presidencies of Bombay and Madras.

 The power of ordinance given to the governor-general gave him absolute powers.
 GOVERNMENT OF INDIA ACT 1919

The Government of India Act 1919 was an act of the British Parliament that sought to
increase the participation of Indians in the administration of their country. The act was based
on the recommendations of a report by Edwin Montagu, the then Secretary of State for India,
and Lord Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional
reforms set forth by this act are known as Montagu-Chelmsford reforms or Montford reforms.

Provincial Government

 Executive:

 Dyarchy was introduced, i.e., there were two classes of administrators – Executive
councillors and ministers.

 The Governor was the executive head of the province.

 The subjects were divided into two lists – reserved and transferred.

 The governor was in charge of the reserved list along with his executive councillors.
The subjects under this list were law and order, irrigation, finance, land revenue, etc.

 The ministers were in charge of subjects under the transferred list. The subjects
included were education, local government, health, excise, industry, public works,
religious endowments, etc.

 The ministers were responsible to the people who elected them through the
legislature.

 These ministers were nominated from among the elected members of the legislative
council.

 The executive councillors were not responsible to the legislature, unlike the
ministers.

 The Secretary of State and the Governor-General could interfere in matters under the
reserved list but this interference was restricted for the transferred list.

 Legislature:

 The size of the provincial legislative assemblies was increased. Now about 70% of
the members were elected.

 There were communal and class electorates.

  Some women could also vote.

 The governor’s assent was required to pass any bill. He also had veto power and
could issue ordinances also.

Central government

 Executive:

 The chief executive authority was the Governor-General.

 There were two lists for administration – central and provincial.

 The provincial list was under the provinces while the centre took care of the
central list.

 Out of the 8 members of the Viceroy’s executive council, 3 were to be Indian

members.

 The governor-general could issue ordinances.

 He could also certify bills that were rejected by the central legislature.

 Legislature:

 A bicameral legislature was set up with two houses – Legislative Assembly

(forerunner of the Lok Sabha) and the Council of State (forerunner of the Rajya Sabha).

 Legislative Assembly (Lower House)

 The legislators could ask questions and also vote a part of the budget.

 Only 25% of the budget was subject to vote.

 Rest was non-votable.

 A bill had to be passed in both houses before it became a law.

 There were three measures to resolve any deadlock between both the houses – joint
committees, joint conferences and joint sittings.

 Governor-General

 The governor-general’s assent was required for any bill to become law even if both
houses have passed it.

 He could also enact a bill without the legislature’s consent.

  He could prevent a bill from becoming law if he deems it as detrimental to the peace
of the country.

 He could disallow any question, adjournment motion or debate in the housedf

Indian Council

 There were to be at least 8 and a maximum of 12 members in the council.

 Half of the members should have ten years of experience in public service in India.

 Their tenure was to be 5 years.

 Their salaries were increased from £1000 to £1200.

 There were to be 3 Indian members in the Council.

Government of India Act, 1919 – Other Salient Features

 This act provided for the first time, the establishment of a public service commission in
India.

 The act also provided that after 10 years, a statutory commission would be set up to study
the working of the government. This resulted in the Simon Commission of 1927.

 It also created an office of the High Commissioner for India in London.

Merits of the Government of India Act 1919

 Dyarchy introduced the concept of responsible government.

 It introduced the concept of federal structure with a unitary bias.

 There was the increased participation of Indians in the administration. They held some
portfolios like labour, health, etc.

 For the first time, elections were known to the people and it created political
consciousness among the people.

 Some Indian women also had the right to vote for the first time.

Limitations of the Government of India Act 1919

 This act extended consolidated and communal representation.

 The franchise was very limited. It did not extend to the common man.
 The governor-general and the governors had a lot of power to undermine the legislatures
at the centre and the provinces respectively.

 Allocation of the seats for the central legislature was not based on population but the
‘importance’ of the province in the eyes of the British.

 The Rowlatt Acts were passed in 1919 which severely restricted press and movement.
Despite the unanimous opposition of Indian members of the legislative council, those
bills were passed. Several Indian members resigned in protest.
 GOVERNMENT OF INDIA ACT, 1935

Background

1. There was a growing demand for constitutional reforms in India by Indian leaders.

2. India’s support to Britain in the WW-1 also aided in British acknowledgement of the need
for the inclusion of more Indians in the administration of their own country.

3. The Act was based on:

 Simon Commission Report

 The recommendations of the Round Table Conferences

 The White Paper published by the British government in 1933 (based on the
3rd round table conference)

 Report of the Joint Select Committees.

Provincial autonomy

1. The Act gave more autonomy to the provinces.

2. Diarchy was abolished at the provincial levels.

3. The Governor was the head of the executive.

4. There was a Council of Ministers to advise him. The ministers were responsible to the
provincial legislatures who controlled them. The legislature could also remove the
ministers.

5. However, the governors still retained special reserve powers.

6. The British authorities could still suspend a provincial government.

Diarchy at the centre

1. The subjects under the Federal List were divided into two: Reserved and Transferred.

2. The reserved subjects were controlled by the Governor-General who administered them
with the help of three counsellors appointed by him. They were not responsible to the
legislature. These subjects included defence, ecclesiastical affairs (church-related),
external affairs, press, police, taxation, justice, power resources and tribal affairs.
3. The transferred subjects were administered by the Governor-General with his Council of
Ministers (not more than 10). The Council had to act in confidence with the legislature.
The subjects in this list included local government, forests, education, health, etc.

4. However, the Governor-General had ‘special powers’ to interfere in the transferred

subjects also.

Bicameral Legislature

1. A bicameral federal legislature would be established.

2. The two houses were the Federal Assembly (lower house) and the Council of States
(upper house).

3. The federal assembly had a term of five years.

4. Both houses had representatives from the princely states also. The representatives of the
princely states were to be nominated by the rulers and not elected. The representatives of
British India were to be elected. Some were to be nominated by the Governor-General.

5. Bicameral legislatures were introduced in some provinces also like Bengal, Madras,
Bombay, Bihar, Assam and the United Provinces.

Federal Court

1. A federal court was established at Delhi for the resolution of disputes between provinces
and also between the centre and the provinces.

2. It was to have 1 Chief Justice and not more than 6 judges.

Indian Council

1. The Indian Council was abolished.

2. The Secretary of State for India would instead have a team of advisors.

Franchise

1. This Act introduced direct elections in India for the first time.

Reorganisation

1. Sindh was carved out of Bombay Presidency.

 2. Bihar and Orissa were split.

3. Burma was severed off from India.

4. Aden was also separated from India and made into a Crown colony.

Other points

1. The British Parliament retained its supremacy over the Indian legislatures both provincial
and federal.

2. A Federal Railway Authority was set up to control Indian railways.

3. The act provided for the establishment of Reserve Bank of India.

4. The Act also provided for the establishment of federal, provincial and joint Public Service
Commissions.

5. The Act was a milestone in the development of a responsible constitutional government

in India.

6. The Government of India Act 1935 was replaced by the Constitution of India after
independence.

7. The Indian leaders were not enthusiastic about the Act since despite granting provincial
autonomy the governors and the viceroy had considerable ‘special powers’.

8. Separate communal electorates were a measure through which the British wanted to
ensure the Congress Party could never rule on its own. It was also a way to keep the
people divided
 GOVERNMENT OF INDIA ACT 1909

Background of Morley Minto Reforms

The Morley Minto Reforms 1909 were a response to the growing Indian nationalism and calls
for greater representation in the governance of India. They marked a turning point in Indian
history and paved the way for more substantial reforms and movements for the independence
of India.

With these reforms, there was a hike in the size of the legislative councils at the center and
provincial levels. Hence, the Minto Morley reforms were one of the most notable ordinances
that were passed by the British parliament.

Provisions of Indian Council Act 1909

The Indian Councils Act 1909, also known as the Morley-Minto Reforms, made several key
provisions, such as:

 The act increased the number of elected members in the Imperial Legislative Council
and the Provincial Legislative Councils.

 The act provided for the creation of separate electorates for Muslims, thereby giving them
separate representation in the councils. This led to more participation from Muslim
community.

 The Provision of Indian Council Act 1909 also provided for communal representation,
meaning that seats were reserved for specific communities, such as Muslims, Sikhs,
Christians, and Anglo-Indians.

 The reforms played a key role in achieving a greater representation of Indians in the
governance of their country.

 Lord Minto came to be known as the Father of the Communal Electorate.

Importance of Morley Minto Reforms

The Minto Morley reforms were considered a significant step in the Indian freedom struggle.
In fact, it is believed they marked a beginning of a new era for India. Thus, the importance of
the reforms can be highlighted through a number of points, including:

 Political Representation: The reforms marked the first time that Indians were given any
meaningful representation in the governance of their own country. This was seen as a
significant step forward in the struggle for greater Indian independence

 Rise of Nationalism: The Minto Morley reforms 1909 sparked a new wave of Indian
nationalism, as Indians became more politically aware. This was especially true for
Muslims, who were given separate electorates under the reforms and became more
politically active as a result.

 Hindu-Muslim Divide: The creation of separate electorates for Muslims under the
Morley Minto Reforms is seen as a major contributing factor to the division between
Hindus and Muslims from then on. This divide would have lasting impacts on Indian
politics and society at large.

Features of Indian Council Act 1909

The Morley Minto reforms 1909 had several key features and played a critical role in the
history of India and its freedom struggle. The important features are:

 Objectives of Morley Minto reforms such as the Indian Council Act 1909 introduced
increased communal representation and a separate electorate to Indian politics.

 For the first time, the association of Indians with the executive councils of the Viceroy
and Governors.

 The size of the legislative councils was increased.

 The date of the Morely Minto reforms is 12th March 1909.

 The impact of the reforms was that it gave Indians an opportunity to criticize the
executives and make suggestions for better administration and governance of the country.

 The limitation of the Morley Minto reforms was no real transfer of power from the British
government to the Indians. Hence, it was a limited step that only added a token
representation of Indians in the legislative council.

 The Governor-General of the Indian Council Act was the Earl of Minto.
 ADALAT SYSTEM BY WARREN HASTINGS

Till the middle of the 18th century, the Company held under it only three presidency towns of
Calcutta, Madras and Bombay. As time passed, the company expanded its political activities
and brought new territories surrounding the presidency towns under its control. This territory
came to be known as the moffusil. The first territorial acquisition of the company consisted of
Bengal, Bihar and Orissa. Here the first adalat system was started in 1772.

Under the prevailing circumstances mentioned above, Warren Hastings went on to introduce
a scheme of judicial administration in 1772 alongside a system of revenue administration
which went on to lay foundation of Adalat system in India.

Under this plan the territory of Bengal, Bihar and Orissa was divided into multiple districts
and in each district, an English servant of company was appointed as the collector who was to
be responsible for collection of revenue alongside having judicial powers.

Different courts in Adalat System: (in order of the hierarchy)

1. Small Cause Courts

These courts were present in each of the village or pergunnah and used to deal with small or
petty cases. Decisions of these courts used to be binding up to the value of Rs 10. These
courts were headed by either the village headman or the head farmer of the respective
pergunnah.

2. Mofussil or district courts:

 Mofussil Diwani Adalat- these courts used to be present in each district and had
jurisdiction over the revenue and civil cases including the disputes related to marriages,
inheritance, castes, debts, contracts, disputed accounts, personal properties, partnership
and demand on rent. It used to have pecuniary jurisdiction of up to Rs 500 such that
decisions of this court up to this amount was final. Collector of the district use to act as
the judge of this court who use to work in assistance with the native law officers such as
the Kazis and Pundits. These law officers used to assist the judge as the collector did not
have the knowledge about the personal laws of the Hindus and the Muslims which was to
be applied to different disputes which were presented before the court.
 Mofussil Nizamat Adalat- these courts were also known as Fauzdari Adalats. These
courts were also present in each district but unlike the mofussil Diwani Adalat, it used to
deal only with the criminal cases. Further, it was not empowered to try cases involving
death sentences or cases demanding forfeiture of property of the accused as such cases
were to be submitted to Sadar Diwani Adalat for final orders. These courts were presided
over by the Muslim law officers only. The Moulvi used to expound the law, while the
Kazi and the Mufti used to give Fatwa and render the judgment accordingly. But
alongside these officers of law, collectors also used to have an important role in these
courts which was that of a supervisor. He used to see that all the necessary witnesses were
heard, the cases were tried regularly and that the judgments were impartial.

3. Sadar or Provincial courts:

 Sadar Diwani Adalat– this was the apex court for civil cases in the province. It used to
have both the appellate as well as original jurisdiction as it not only used to hear appeals
from Mofussil Diwani Adalat but also used to take up cases which involving dispute of
over Rs 500. It used to charge five percent of the amount of dispute on each petition or
appeal. It was presided over by the governor and his council, and was located in the
presidency town of Calcutta. Its first sitting took place on 17th March, 1773.

 Sadar Nizamat Adalat– this was the apex court for criminal cases in the province.
Similar to Sadar Diwani Adalat, it also used to have both original as well as appellate
jurisdiction. As mentioned above, it used to have specific jurisdiction to decide over
matter of death sentence and forfeiture of property. In cases of death sentence, the death
warrant was prepared by this Adalat and was to be signed by the Nawab as the head of the
Nizamat. This court was presided over by Daroga-I-Adalat who used to act as the judge
of this court. He was assisted by a Chief Kazi, a Chief Mufti and three Moulvies. Similar
to Mofussil Nizamat Adalat, there used to be a supervisory authority in the form of
Governor-in-Council who used to keep a check over the functioning of this court. It was
earlier located in Calcutta but was later shifted to Murshidabad, where the Nawab resided,
in order to reduce the effort which used to be there to get his signature in cases of death
sentences. Another development which was seen later was the development of the office
of Naib Nazim in which Mohd. Reza Khan was appointed, who was to work and give
assent on behalf of Nawab.

Miscellaneous provisions under the plan to promote impartial justice:

 All cases were to be heard in open courts such that anyone was able to observe them. This
ensured that the transparency was maintained and also helped in maintaining the trust of
people in the judicial authority. Apart from this, all Adalats at the district level or lower
level were to maintain records in the form of register of cases heard and decided such that
the same were to be sent the Sadar Adalats. This was a major step which could have
helped in curbing the misuse of power by the judges as they were under constant check of
the apex courts and misdeed on their part could have come to light.
 After this plan and establishment of Courts for common Indians it became easy to
approach the Judiciary. Warren Hastings purposely did not take the full charge of
Criminal justice system and kept the puppet Nizam alive. He did not change the forms
and when possible tried to show that the company respected the Nizam. Thus Nizam got
the power to sign the death sentence.
 The other intelligent system that Warren Hastings kept alive was that following Hindu
laws for Hindus and Muslim laws for the Muslims. In this plan the collector got many
powers, collector was the administrator, tax collector, civil judge and supervisor over the
criminal courts. Because of this the collectors got unlimited powers and Warren Hastings
knew that the downside of this would be that the collectors would become corrupt. He
already told the company directors about this defect of this plan.
 The directors of the company understood the fear and reality of this plan. In the year
1773, Company directed the Calcutta council to withdraw the collectors as they had
become very corrupt.
 JUDCICIAL REFORMS OF LORD CORNWALLIS AND LORD WILLIAM
BENTICK

Lord Cornwallis, who served as Governor-General of India from 1786 to 1793, is known for
his judicial reforms in India. His reforms aimed to make the Indian judicial system more
efficient, impartial, and accessible to the common people. Some of the key reforms
introduced by Lord Cornwallis include:

1. Establishment of the Cornwallis Code: In 1793, Lord Cornwallis introduced the

Cornwallis Code, which laid down the framework for the Indian judicial system. The East
India Company established a Supreme Court in Calcutta. The code established a
hierarchy of courts, with the district courts at the bottom and the Supreme Court at the
top. It also established the principle of separation of powers, with the judiciary being
independent of the executive. He also appointed Sir Elijah Impey as the Chief Justice of
the Supreme Court, who played a significant role in shaping the Indian legal system.
2. Appointment of judges: Lord Cornwallis introduced a system of judicial appointments
based on merit and qualification rather than patronage. He also introduced a system of
judicial training to ensure that judges were well-versed in the law and the principles of
justice.
3. Separation of judiciary from executive: Lord Cornwallis introduced the principle of
separation of judiciary from the executive. He believed that judges should be independent
of the executive and should be appointed on merit rather than on the basis of political
connections.
4. Reforms in criminal law: Lord Cornwallis introduced several reforms in criminal law,
including the presumption of innocence, the right to a fair trial, and the prohibition of
torture. He also abolished the practice of trial by ordeal.
5. Reforms in civil law: Lord Cornwallis introduced several reforms in civil law, including
the introduction of a uniform system of civil law, the establishment of the principle of
equity, and the simplification of legal procedures. He believed that the English common
law was a more rational and just system than the existing Hindu and Muslim laws. He
also established a law commission to study the existing laws and recommend changes.
6. Codification of laws: Lord Cornwallis initiated the process of codification of laws in
India. He commissioned Sir William Jones to translate Hindu and Muslim laws into
English and create a uniform legal code for India.
7. Land reforms: Lord Cornwallis introduced several land reforms, including the
establishment of a system of revenue administration, the codification of land laws, and
the recognition of the rights of tenants.
8. Establishment of district courts: Lord Cornwallis established district courts throughout
India. These courts were presided over by Indian judges and dealt with civil and criminal
cases at the local level.
9. Abolition of torture: Lord Cornwallis abolished the use of torture as a means of
extracting confessions from suspects. He believed that confessions obtained through
torture were unreliable and unjust.

Lord William Bentinck, who served as the Governor-General of India from 1828 to 1835, is
known for introducing several important judicial reforms in India during his tenure. Here are
some of the key reforms he implemented:

1. Abolition of Sati: Sati was a practice where a widow was expected to immolate herself on
her husband's funeral pyre. Lord Bentinck banned this practice in 1829, considering it
barbaric and inhumane.
2. Regulation XVII of 1829: This regulation put an end to the practice of human sacrifice
and other cruel religious practices in India. It also abolished the practice of branding
criminals and punishing them by mutilating their limbs.
3. Introduction of English as the Language of the Courts: Lord Bentinck introduced
English as the official language of the courts. This helped to remove language barriers
and ensured that the law was accessible to all.
4. Establishment of Small Causes Courts: Lord Bentinck established small causes courts to
provide speedy justice to the common people. These courts dealt with cases involving
small amounts of money and were staffed by Indian judges.
5. Appointment of Indian Judges: Lord Bentinck appointed Indians as judges in the lower
courts. This helped to build trust among the Indian population and ensured that the legal
system was seen as fair and impartial.

Overall, Lord Bentinck's judicial reforms were aimed at creating a more humane and efficient
legal system in India. His reforms helped to promote justice, equality, and the rule of law.
Some of the key reforms included the abolition of the practice of sati, the establishment of a
uniform system of justice, and the codification of Hindu and Muslim laws.

 ADVOCATES ACT, 1961

The Advocate Act of 1961 is a legislation in India that governs the legal profession and the
regulation of advocates. It sets forth the qualifications, rights, and responsibilities of
advocates practicing law in India.

THE ADVOCATES ACT 1961 HISTORY OF ADVOCATES ACT:

The Advocates Act 1961 & The Indian High Courts Act, 1861 ( Commonly known as the
Charter Act ) passed by the British Parliament enabled the Crown to establish High Courts in
India, and authorized and empowered the High Court to make rules for the enrolment of
advocates and attorneys ( commonly known as solicitors ). The law relating to legal
practitioners can be found in the Legal practitioners’ Act, 1879, The Bombay Pleaders Act,
1920, and Indian Bar Councils Act, 1926.

After Independence, it was deeply felt that the Judicial Administration in India should be
changed according to the needs of the time. In the meanwhile, the All India Bar Committee
went into detail about the matter and made its recommendations in 1953. The Bill, being a
comprehensive measure, repeals the Indian Bar Councils Act, 1926, and all other laws on the
subject.

MAIN FEATURES OF THIS ACT:

The establishment of an All India Bar Council and a common roll of advocates and having a
right to practice in any part of the country and in any court, including the Supreme Court. The
prescription of a uniform qualification for the admission of persons to be advocates. The
division of advocates into senior advocates and other advocates is based on merits. The
creation of autonomous Bar Councils, one for the whole of India and one for each state.

THE ADVOCATES ACT, 1961 INTRODUCTION OF ADVOCATES ACT:

Short title – The Advocates Act, 1961

Extend – To the Whole of India

Date of Enactment – 19th May 1961

Act No. – 25 of 1961

Total Sections – 60 Sections

Total Chapters – 7 Seven Chapters

PURPOSE: The purpose of the Advocates Act 1961

1. Amending and consolidating the law relating to legal practitioners.

2. Providing the Constitution of the State Bar Council
3. Establishment of All India Bar Council (BCI).

FUNCTIONS: Functions of the Advocates Act 1961

1. To ay down standards for professional conduct and etiquette for advocates

2. To lay down the procedure to be followed by its disciplinary committee and disciplinary
committees of the State Bar Councils;
3. To safeguard the rights, privileges, and interests of the legal practitioners;
4. To exercise general control and supervision over the State Bar Councils:
5. To promote legal education and to recognize Universities whose law degrees shall be
accepted for enrolment as an advocate
6. To conduct seminars, symposia, workshops, etc. to promote law reforms and improve the
quality of the legal profession in India;
7. To provide for elections of its members.

THE ACT PROVIDES FOR 2 CLASSES OF ADVOCATES I.E.

Senior advocates and other advocates The State Bar Councils are required to maintain rolls of
advocates and send copies thereof to the Bar Council of India.

SECTION 24 OF THE ADVOCATES ACT

The conditions for eligibility to be enrolled as an advocate are provided in this section of the
Act

• A citizen of India, provided, however, a national of any other country may also be enrolled
as an advocate in India, if the country to which he belongs, permits duly qualified citizens of
India to be enrolled for legal practice in that country,

• He has completed the age of 21 years:

• He has obtained a degree of law from any University recognized by the BCI for this
purpose; • He fulfills such other conditions as may be prescribed by the rules made by the
State Bar Council;

• He has paid the requisite enrolment fee to the State Bar council. However, the enrolment fee
payable by the members of the scheduled castes or scheduled tribes is reduced to half of this
amount.

THE ADVOCATES ACT 1961, FURTHER PROVIDES:

Section 24 A of this act lays down the disqualification for enrolment as an advocate. A
person who is convicted of an offence involving moral turpitude or an offence under the Civil
Rights Act. 1955 shall be disqualified from being enrolled as an advocate. However, this
disqualification shall cease to have an effect on the expiry of a period of two years from the
date of his release. But this disqualification does not apply in the case of a person who was
found guilty of any of the aforesaid offences, but dealt with under the provisions of the
Probation of Offences Act, 1958. An application for enrolment as an advocate shall be in the
prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to
practice. Section 10 of the Advocates Act empowers the State Bar Councils to constitute
special committees other than the disciplinary committee, executive committee, etc., while
section 15 empowers the State Bar Councils to make rules. The penalty for illegally
practicing in courts or before other authorities is contained in section 45 of the act. This may
extend to imprisonment of up to six months. With the coming into force of the Advocates
Act, 1961, the earlier State Bar Councils ipso – facto stood dissolved.

Here are some key points and provisions of the Advocate Act, 1961:

Bar Council of India (BCI): The Act establishes the Bar Council of India, which is the apex
regulatory body for advocates in the country. The BCI is responsible for formulating
standards of professional conduct and etiquette for advocates.

State Bar Councils: The Act also provides for the establishment of State Bar Councils in each
state of India. These councils regulate the legal profession at the state level and are
responsible for enrolling advocates and maintaining a roll of advocates.

Enrolment of Advocates: The Act sets out the qualifications and eligibility criteria for
individuals to enrol as advocates. It establishes a procedure for admission to the bar and
provides for the establishment of Bar Councils to conduct the enrolment process.
Rights and Duties of Advocates: The Act outlines the rights and privileges conferred upon
advocates, such as the right to practice law, appear before courts, and give legal advice. It
also sets forth the duties and responsibilities of advocates towards their clients, the court, and
the legal profession.

Professional Misconduct: The Act defines professional misconduct and provides disciplinary
measures for advocates who engage in such conduct. The Bar Councils have the authority to
investigate complaints of misconduct and impose penalties on errant advocates.

Legal Education: The Act regulates legal education in India and sets standards for law
colleges and institutions. It empowers the Bar Council of India to prescribe the curriculum for
legal education and conduct inspections of law colleges.

It's important to note that the legal profession and its regulations are subject to changes and
amendments over time. Therefore, it's advisable to refer to the most recent version of the
Advocate Act or consult a legal expert for the latest information.