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Advocates and Bar council UPSC pre 2022

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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