This
question was random and difficult because such deep knowledge about the judiciary
can not be expected from an aspirant.
But as per the new trend, UPSC is asking questions from the application point of view.
With
reference to India, consider the following statements:-2022
1. Government
law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys
are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules
relating to legal education and recognition of law colleges.
Which
of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Solution - B
Why is this question asked?
After
widespread opposition from lawyers to the new rules of conduct
notified
by the Bar Council of India (BCI), the Council has now set up a review
committee and Announced that these rules will not be
Implemented
for now.
The
new rules triggered a Controversy as they seek to prevent lawyers
From
publicly criticising judges and bar councils.
Analysis of each statement
1. Government law officers and legal
firms are recognised as advocates, but corporate lawyers and patent attorneys
are excluded from recognition as advocates.
Advocates vs Lawyer
|
Lawyer |
Advocates |
|
A person having LLB degree |
Permission to practice law From Bar Council |
NOTE-
Advocates are the only recognized class of persons entitled to Practice the
profession of Law.
Legal
firms are not recognized as advocates.
Government law officers Example
|
Attorney General of India - |
country’s highest law officer as well as the
government’s chief legal advisor. |
|
Solicitor General of India |
- subordinate to the Attorney General for
India. They are the country’s second highest law
officers, assisting the Attorney General and assisted
by the Additional Solicitors General for India. |
Patent
attorney:
is
a person who has a law degree and is qualified to deal with patent
disputes.
A patent attorney is someone who has a law
degree and has registered with a State Bar Council as an advocate who
can handle patent litigation.
It’s
crucial to understand that a patent attorney doesn’t have to have a science,
technology, or engineering degree.
Corporate
Lawyers
If
a law graduate wants to work in a corporate setting, he must give up his Sanad.
As
a result, law graduates who work in corporate settings are ineligible to appear
in court.
As
a result, Corporate Lawyers are not considered Advocates.
Why Legal professionals are important in Society?---Just to understand the relevance of question
1. flag-bearers
of the rule of law and
2. They
defend fundamental rights.
Power and Privileges of Legal professionals
1. only advocates have the right to access and represent
others in a court of law No citizen, other than an advocate, has the right to
appear, act, or plead in court.
EXCEPTION---Advocates Act, 1961 does give the right to a person
other than an advocate to appear and argue on behalf of a litigant but it is
the discretion conferred by the Act on the court to permit anyone to appear in
a particular case even though he is not enrolled as an advocate.
2.
Bar Councils have the power to lay down the
rules relating to legal education and recognition of law colleges.
The
Advocates Act, of 1961, give the Bar Council of
India (BCI)[Statutory body] and State bar councils[SBCs] the power to self-regulate
the profession and
lay
down rules relating to admission and enrolment,
conditions
of practice,
standards
of professional conduct and etiquette,
disciplinary
proceedings,
legal
education,
recognition
of law colleges, and
welfare
activities.
Bar council of India
is the Apex body controlling and fix the rules and regulations for the study of Law.
The State Bar council of each state is affiliated to the Bar Council of India.
These State Bar Councils are to meant to implement the rules and regulations for the Advocates
Lets revise the concept using Question...
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