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Analysis of Legal Profession and Advocate Act 1961 - Prime Legal
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PROFESSION AND ADVOCATE ACT 1961
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ANALYSIS OF LEGAL PROFESSION AND ADVOCATE ACT 1961
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The legal profession is an important limb of the machinery for the administration of justice.
justice effectively. 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
Development of the legal profession In India can be divided into the following phases:
Legal profession in British India
delivered justice under the open sky before all the members. There was no specialist like a lawyer
during those days. When kingship was established, the king delivered justice. King was advised by
his councilors. The law of those days was rooted in Hindu religion and custom. From the stories of
Maryada Ramayana and Vikramaditya, we are well aware of the wise men who 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.
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. Vakils
performed their work as an agent for the principal but not as lawyers.
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Legal Profession in British India:
During the British period, the model legal system was developed in India. Before 1726, the courts
derived their power, not from the British Crown but the East India Company.
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As the Mughal Empire was weakened by emerge of the British East India Company, they strengthen
their economic power by external trade. The impact started with the advent of the British,
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Portuguese, and French at the beginning of the 17th century. The major impact was from Britishers
whose company reigned from 1757 to 1857 before the sepoy mutiny spark given by Mangal Pandey.
In 1754, As the Royal troops arrived in India, the terms of the Mutiny Act and the Articles of War
The result of Plassey, in 1757, paved the way for the British conquest of Bengal and eventually the
whole of India. The need for the law authority in the three jurisdictions which were presidencies at
that time (Calcutta, Bombay, and Madras). In 1772 Warren Hasting laid the foundation for two types
of judicial administration: 1) Mofussil or District Court 2) Sadar or Provincial court. The company
established its own provincial and appellate courts for resolving the civil as well as criminal
courts.
In 1773, Regulating Act established for the first time, the Supreme Court of Fort Williams in
Calcutta 1774, consisting of the Chief Justice and three judges (later reduced to two) appointed by
the Crown acting as King’s court7. Sir Elija Impey was appointed as the first chief justice of the
court of Calcutta. Coming to the litigation at that time, As written in Introduction about the
development of two pleaders: vakils and British Barristers, this was still prevalent in forms of
administrative institutions by Mughal empire and was continued by British. For the first time, the
regular legal profession of vakils and other native pleaders was created in (Schmitthener 1968-
1969).
A large population of vakils and attorneys were involved in trial courts or adjudications. Before the
1857 revolt the Bengal regulations, 1793 and 1833, The Legal Practitioners Act, 1846 was passed.
In former (Bengal regulations) as written earlier which was evolved in work of S.W. Schmitthener
later in 1968. The Bengal Regulation VII of 1793 was given by Lord Cornwallis. It gave the power to
create Sadr Diwani Adalat to enroll advocates for the first time.
This also ensured the quality of the practicing advocates which became more respectable. In the
Legal Practitioners Act, 1846 the pleading power was given to the person of whatever nationality or
religion and were registered by Sadr Courts. Moreover, the 1846 act permitted barristers and
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.
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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 preamble of the act says that
the act amends as well as consolidates the law relating to legal practitioners.
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LAW AS PROFESSION NOT A BUSINESS :
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In the case of Dhanraj Singh Choudahry Vs Nathulal Vishwakarma SC 2011 where it has been seen
that the Disciplinary Committee of the State Bar Council has considered the entire material,
including the evidence of the complainant and the advocate appellant and arrived at the finding
that the advocate appellant was guilty of professional mis-conduct for having attested the sale
deed dated November 3, 1999 containing a statement that the shop on the western side of the
saleable property in occupation of the complainant has already been transferred to the advocate
appellant by giving him ownership right. The attestation of the sale deed containing the above
statement, which was apparently false to the knowledge of advocate appellant, amounted to
professional mis- conduct. The vendor- Jitender Singh Bakna and his father Sardar Desh Singh
Bakna were the clients of the advocate appellant. As a matter of fact, the advocate appellant had
filed a suit on behalf of the vendor against the complainant seeking his eviction from the premises
for which the statement was made in the sale deed dated November 3, 1999 that the said premises
in occupation of the complainant has been transferred by the vendor to the advocate appellant.
From the material on record the professional mis-conduct of the advocate appellant is clearly
established and the Disciplinary Committee of the State Bar Council, Madhya Pradesh, cannot be
said to have committed any error in holding him guilty of the professional mis-conduct. Having held
that, the Disciplinary Committee of the State Bar Council awarded him punishment of reprimand.
Against the inadequate punishment awarded to the advocate appellant for the proved professional
mis-conduct, the complainant preferred appeal. In that appeal, notice was issued to the advocate
appellant and in response thereto, he did appear before the Disciplinary Committee of the Bar
Council of India on October 30, 2004 and was fully heard. The requirement of the proviso appended
The legal profession is a noble profession. It is not a business or a trade. A person practicing law
has to practice in the spirit of honesty and not in the spirit of mischief-making or money-getting.
An advocate’s attitude towards and dealings with his client has to be scrupulously honest and fair.
In V.C. Rangadurai Vs. D. Gopalan and others Krishna Iyer, J. stated :- “Law’s nobility as a
profession lasts only so long as the members maintain their commitment to integrity and service to
the community.”
Any compromise with the law’s nobility as a profession is bound to affect the faith of the people in
the rule of law and, therefore, unprofessional conduct by an advocate has to be viewed seriously. A
person practising law has an obligation to maintain probity and high standard of professional
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ethics and morality.
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Act is to create a single class of legal practitioners known as “advocates.” Advocates are permitted
to represent clients before all courts and tribunals in all states of Indian territory. The advocates
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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. The Indian Bar Councils Act has been replaced by the Advocates Act,
1961. The Advocate 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 Bar Councils, as well as a common
qualification for the bar. It also outlines an advocate’s obligations and rights.
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 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
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 recognise 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. 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.
The Advocates Act, 1961 had the following features: It established the Bar Council of India and
State Bar Councils and paved the way for their formation.
Even though advocates may be transferred from one state to another, advocates are not
The act primarily focuses on the consolidation of existing legal laws for the legal profession.
The Bar Council was given control over an autonomous body that has been assigned certain
duties.
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
According to the Act, State Bar Councils must exist in every state.
Pre-audience rights
The following are the functions of the Bar Council of India under Section 7 of the Act:
It must establish specific procedures to be followed by its disciplinary committee and the
Their primary function is to prepare and maintain a common roll of advocates and to exercise
Its duties include general supervision of and control over state Bar Councils.
graduate for enrolment as an advocate, and to that end, they either visit and inspect those
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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
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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 establishing law libraries. Additionally, they receive gifts, donations, and benefaction.
For the administration of Justice, the judicial system is composed of the judges and the advocates
who assist the judiciary in dispensing justice through discharging their duties. The Bar and the
Bench are two elements of the same system, and without them, justice cannot be efficiently
The Bar and the Bench are considered as the two wheels of a chariot that play a role in
administering the law. Both are subordinate to and interrelated to one another in their respective
roles. In law, the term “Bar-Bench relationship” pertains to the friendly relationship that advocates
have with judges. The Bar (advocates) and the Bench (judges) both play critical roles in the
administration of justice. Maintaining cordial relations between the Bench and the Bar requires
other office in the state that possesses the same level of authority as that of the judge. Judges
carry enormous power, far exceeding that of any other official in the government or military. The
common people’s lives and liberty, individual domestic happiness, property, and public image are
subordinate to the judges’ wisdom, and citizens are held accountable for their judgments. If
judicial power is corrupted, there is no longer any assurance of life, liberty is forfeited, and there is
no longer any guarantee of personal or domestic happiness. A strong judiciary that is active,
unbiased, and competent is the most important thing a state can have. Judges must carry out their
responsibilities due to the importance of judges in the maintenance of civil and orderly society.
The administration of justice is not limited to the courtroom. It also has significance for the Bar.
The preservation of cordial relations between the Bar and the Bench necessitates respect and
understanding on both sides of the bar. The roles of attorneys and judges are supplementary to one
another. The primary source of judges’ recruitment is the legal profession. As a result, they are
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both members of the same community. The Bar and bench need to sustain cordial relations with
one another. However, because of the nature of the responsibilities that attorneys and judges must
fulfill, they may engage in dialogues that are sometimes amusing, sometimes heated, and
sometimes tough.
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Role of the bar in strengthening the bar-bench relation
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Advocates are court officers, and they are required to aid the court in the administration of justice
on behalf of the court. Advocates gather resources relevant to the case to aid the court in reaching
an (outcome) in the case. An advocate works in collaboration with the judiciary to ensure that
justice is administered properly. Advocates, like judges, play a significant role in the administration
of justice. An advocate has to practice the following steps to preserve and strengthen the relation
They should show reverence to the judges and refrain from disparaging the judges or the
They should assist the judges in the court hearing of the cases by conveying the relevant law
accurately and understandably during the trial. They should never behave in a way that would
If the judges make a mistake in their decision, they should not be criticized. They should
If the judge’s conduct is annoying and disrespectful to the advocates, they should refrain from
engaging in violent talks with the judge in question. The issue should be addressed with the
judge in his chambers, and the Bar Association should make a formal request that such
It is the responsibility of an advocate to make every effort to constrain and avert his or her
client from engaging in unfair practices with the court.
legal dispute. Judges wield enormous power, far exceeding that of any other official in the
government or military. A judge has to practice the following steps to preserve and strengthen the
In the same way that the advocates respect the judges, the judges should respect the
advocates as well.
It is important for judges to approach the case with an open mind and to do so without bias or
prejudice, as appropriate. They will act in a manner that is beneficial to the interests of justice.
They will give the advocates sufficient time to present their case in its entirety.
Judges are expected to act in a fair and unbiased manner. They are not permitted to act in the
In the course of administering justice, the courts are frequently called upon to decipher the
law’s rules, directives, regulations, codes, bylaws, circulars, notices, and other documents to
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determine the true significance of the statutes or to clear up confusion or incoherence in the
legislation. In these instances, a proper explanation should be provided to provide full justice
to the parties involved in the situation.
Adjournments are granted to allow the parties a reasonable amount of time to present their
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arguments. Cases will not be adjourned where possible unless there are reasonable and
appropriate grounds to do so. Excessive postponement of cases, which causes the parties to
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suffer financial difficulties is the most common cause of mounting backlogs in the court
system.
The case of ‘justice deferred is justice denied’ will also be resolved as soon as possible as
well. When older cases are given priority over new cases, new cases should not fall behind in
their disposition.
Judges should refrain from making unjustified public remarks about a lawyer’s lack of legal
insight in open court. They should not ask any lawyer to leave the trial unless they have a
compelling reason to do so. Likewise, they should not request that any advocate not appear in
Judges will have a thorough understanding of the law. They should be able to apply the
appropriate legislation to the evidence available and come to the best possible conclusion on
the matter.
A judge’s moral responsibility and honesty should be unquestionable. He should be treated with
respect, both personally and intellectually. There should be something to commend about the
The result of a large population and a never-ending profession is what legal education in India
looks like today. There are over 1,500 law schools and law colleges across the country, with over
1.5 lakh graduates every year. The number of law colleges doesn’t include branches of the
institutes. With these many institutes, laws relating to them remain complex and multi-layered. This
affiliation system seems to be a major problem to regulate law institutes in the country. A rapid
growth leads to declining efficiency and quality. Thus, having many institutes become a problem,
as a lack of standards can be seen in many. This leads to incompetent law graduates who
Another problem seems to be that of entry to these institutes. As a student entering into the field
of law, the number of entrance tests is vast. For those schools under a university or affiliated to
them, a student may give the State Common Entrance Test. Others include CLAT, AILET, LSAT, and
private entrance tests for private colleges. While a Student may prepare and appear for many, the
standards for these tests aren’t uniform. This creates a status-quo amongst colleges and their
students, and may act as a judgement factor when it comes time for employment.
Another reform seems to be needed in the syllabi and infrastructure of these Institutes. Many still
have outdated syllabi and lack basic infrastructure. These do not take into account the changing
role of law in society and also lack teaching basic social engineering skills needed in any
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practicing lawyer. Due to various lacunas in these institutes, many students lack the opportunities
of competitions and activities that fuel in developing many skills. Even though it is agreed that
Internships are a great medium to learn hands-on, an institute cannot declare its work to be ended
developing country. Naturally with the population load, the cases under Indian Courts are always
overflowing. The “pending cases in courts” is an issue that seems no end. The Central Government
is the single largest litigant in the country in terms of initiating cases and responsible directly for a
significantly large number of cases as a respondent. This increases government costs and burdens
the judiciary. This may be resolved by taking a normative approach along with technological
impact.
Normatively, the National Litigation Policy should be made binding and enforceable against
officers of the Government. A lower monetary threshold should be introduced for appeals in
matters that form the bulk of government litigation, and alternative dispute resolution methods
should be made an option. Additionally, there should be greater monitoring of the number of
Further, legal in-awareness can be seen in the common man. Efforts can be taken to make the
common man more aware of their rights and duties, helping them to contribute to the betterment of
the sector.
Over the last five decades, the legal industry has undergone a significant transformation.
What is Legal Tech – Legal technology (usually called Legal tech) refers to technologies and
software that substantially changes the way we use legal services in our daily lives. In broader
Eases the practice of law for attorneys and legal professionals, and enables customers access
legal competence or justice. With the terminology clearly defined, let’s take a closer look at the set
Role of Technology in Legal Sector – Technology has been playing a vital role in the legal industry.
It has increased the efficiency of legal offices and productivity of clerical workers. With the advent
of legal tech, there is greater transparency between legal firms and clients. Clients know how much
fees they have to pay and can keep track of day-to-day progress of the lawyer on their case. Also,
there is no doubt that technology, if used correctly, is fast and efficient – more than any human
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Here are a few pointers that show how technology is revolutionizing the legal sector:
1. Automated processes
2. Ease of research
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3. Better resource management
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5. Increased transparency
7. Higher convenience
CONCLUSION/ SUGGESTIONS
Law has a limitation in India depends on politics and socio-economic pressure. Social engineering,
For legal practice as written in developments, the license of a lawyer should be renewed every
year rather than every five years to maintain the quality as well as the authenticity of the legal
profession. The curriculum should be updated according to the need of the current legal issues
Private and Public legal institutions should be recognized globally and give facilities equally so
that from the bottom, the middle and upper sections can study together with no social and
economic burden.
New Law must be created which is the need of the dynamic science and technology and growth
A reputed and unbiased judiciary, as well as a powerful bar, are required to maintain the system
of democracy and independence under the rule of law in the country. Furthermore, the lawyers
must have the impression that they were given a fair court hearing and that their issues would
It is critical for the productive discharge of the court’s duties that the high level of optimism,
prestige, and dignity that they have admired throughout their careers be sustained and not
weakened in any manner. Whether it is judges or lawyers, they bear the main duty of
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The adoption of technology in legal sector and agencies can go a long way in improving their
efficiency and also helps in attracting a lot more clients. It creates flexible legal services,
The Indian Legal Sector is open for a lot more reform. Its problems can be seen even by the
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common man. However, the faith and hope from the Legal World is never lost. Understanding and
bettering the legal scenario will likely lead to better social and legal outcomes, allowing us as a
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nation to develop laws needed for the society. It will also help in making a system robust to new
Law is the only profession dealing with society and all its problems. There is no doubt that the
legal scenario has come a long way, but there is also no denying that it needs to move forward too.
This article is writen by Abhinav Chaturvedi, a penultimate law student, IP university, Delhi.