Salient Features of The Advocates Act, 1961

Clinical-III Professional Ethics

Submitted By

YASHVARDHAN SINGH

19FLICDDN02234

BA.LL.B. (Hons.) III Year

Submitted To

Ms. Priya Chanana

(Faculty)

SCHOOL OF LAW

FACULTY OF LAW

ICFAI UNIVERSITY, DEHRADUN

2022
 ACKNOWLEDGEMENT

I would specially like to thank my guide, mentor, Ms. Priya Chanana without whose constant
support and guidance this project would have been a distant reality.

This work is an outcome of an unparalleled infrastructural support that I have received from
ICFAI Law School, ICFAI University, Dehradun.
I owe my deepest gratitude to the library staff of the college.

It would never have been possible to complete this study without an untiring support from my
family, especially my parents.

This study bears testimony to the active encouragement and guidance of a host of friends and
well-wishers.

Name: Yashvardhan Singh

Roll no: 19FLICDDN02234
Batch: 2019-2024
 Salient Features of The Advocates Act, 1961

Following are some of the important salient features.

1. The Act has consolidated all the existing law on legal profession.
2. The Act has made provision for the creation of Bar Council of India at the Central level
and State Bar Councils in each state.
3. The Act has made the provision for the preparation of common roll of Advocates
throughout India.
4. It empowers Advocates whose name is in the common roll to practice in all the courts in
India.
5. The difference between the Advocates and Vakil is abolished and all those who practice
law is called as Advocates.
6. Provisions are made to confer the status as Senior Advocate for those Advocates who
poses extraordinary knowledge in the field of law.
7. It has conferred autonomous status to the Bar Councils.
8. Establishment of an All India Bar Council and a number of State Bar Councils – a federal
structure for legal profession. An advocate is initially enrolled with a State Bar Council and a
common roll of all the advocates in the country is maintained by All India Bar Council. An
advocate on common roll has a right to practice in any court of the country including the
Supreme Court. The Advocates Act was passed by the Parliament in the year 1961.
9. Integration of the bar into a single class of legal practitioners known as advocates.
10. A uniform qualification for the admission as advocates viz, degree in law.
11. Division of advocates into senior advocates and other advocates based on merit.
12. No advocate can get himself enrolled with more than one State Bar Council, though he
can get himself transferred from one State Bar Council to another.

Admission and Enrollment (s. 24)

1.(a) citizen of India – foreign nationals may be enrolled if that country allows Indian
nationals 
(b) completed age of 21 years
(c) obtained a degree of law from a University recognized by Bar Council of India
(d) omitted by 1973 amendment
(e) other such conditions specified in rules by State Bar Council
(f) paid stamp duty and enrolment fee 

(2) Vakil or pleader who is a law graduate may be admitted if he fulfils the other conditions

(3) vakil, pleader, mukhtar, High Court advocate, and all such other persons eligible to
practice law under prevalent law

•Pre-enrolment training and apprenticeship is ultra vires –V. Sudheer v. Bar Council of India,
AIR 1999 SC 1167

•Rule that persons attaining age of 45 years cannot be enrolled is ultra vires – Indian Council
of Legal Aid and Advice v. Bar Council of India, AIR 1995 SC 691 

Disqualifications for Enrolment (s. 24A)

1.(a) convicted of an offence involving moral turpitude; 

(b) convicted under Untouchability (Offences) Act, 1955; 
(c) dismissed or removed from employment or office or any charge involving moral
turpitude 
Provided: disqualification to cease to have effect after 2 years after release, dismissal or
removal

2.Sub-section 1 not applicable to person dealt with under Probation of Offenders Act, 1958
•Obtaining false certificate about social status – Kumari Madhuri Patil v. Addl.
Commissioner, Tribal Development, AIR 1995 SC 94

•If person guilty of moral turpitude, name can be removed from the roll of advocates
- Hikmat Ali Khan v. Ishwara Prasad Arya, AIR 1997 SC 864 

Enrollment Procedure

s. 25 : Application to the State Bar Council where one wishes to practice 

s. 26 : SBC refers it to enrollment committee; 

has power to remove the name if person entered it by misrepresentation, fraud or undue
influence; 

intimate all other Bar Councils of the refusal to accept any application 

s. 27: Application once refused not to be entertained by another Bar Council without written
consent from the previous Bar Council 

s. 28 : Power to make rules

–Time and form to make an application
–Conditions to be admitted
–Installments for enrollment fee

s. 22 : Certificate of Enrollment

s. 17 : SBC to maintain roll of advocates

s. 18 : Transfer from one state to another

Senior and other Advocates (s. 16)

•Two classes of advocates: Senior and Other

•Senior Advocate:
–Ability
–Standing at the bar
–Special knowledge/experience in law
in the opinion of the High Court/Supreme Court

Restrictions on Senior Advocate

•Cannot file a Vakalatnama or act in any Court, Tribunal etc 

–Act means filing an appearance, pleading, application or any other thing required or
authorized by law either in person, or through agent or advocate 
•Must appear with an Advocate on Record in the SC and with an Advocate of the State Roll
in any other Court/Tribunal 
•No accepting instructions to draft pleading or affidavits, advice on evidence 
•Cannot directly accept from a Client any brief or instructions to appear in Court 

Right of Pre-audience (s. 23)

1.Attorney –General of India 

2.Solicitor-General of India 
3.Additional Solicitor-General of India 
4.Second Additional Solicitor-General of India 
5.Advocate-General of States 
6.Senior Advocates 

Rights and Privileges of an Advocate

1.Right to Practice (s. 30)

2.Right to charge fee (BCI rules)

–Fee consistent with standing at the bar and nature of the case

3.Right to refuse?

–Client persisting in unfair practices and improper conduct, Part VI, Chapter II, Section I,
Rule 4

–If the Judge is a relative, Rule 6

•Parents, children, grandparents, grandchildren, siblings, uncle, aunt, nephew, niece, in-laws 

–For or against an organisation, if a member of the Executive Committee, Rule 8 

–Matters where he has pecuniary interest, Rule 9 

•Bankruptcy petition when he is a creditor 

•Company where he is a director 

–Where he might be a witness, Rule 13

Bar Council of India (s. 4)

•Members 
–Attorney–General 
–Solicitor-General 
–One from each SBC 
•Eligibility- ten years’ on the state roll 
•Term for ex-officio members- two years or ceases to be a member of SBC 
–Chairman and Vice-Chairman 

Functions of BCI (s. 7)

1. (b) lay down standards of professional conduct and etiquette 

(c) Lay down procedure followed by disciplinary committee of BCI and SBC 
(d) Safeguard rights, privileges and interests of advocates 
(e) Promote and support law reform 
(f) Deal and dispose of any matter under the Act 
(g) General control and supervision over SBC 
(h) Promote legal education and lay down standards 
(i)Recognise law universities and inspect them 
(ia) conduct seminars and organise talks , publish journals and papers
(ib) organise legal aid
(ic) recognise on a reciprocal basis any foreign law degrees for purpose of enrollment
(j) Manage and invest funds
(k) Provide for election of the members
(l) Perform all other such members
(m) Do all other things necessary for discharging above mentioned functions 

2. Establish funds for 

(a) welfare schemes for indigent, disabled or other advocates
(b) Giving legal aid or advice
(c) Establishing law libraries 
Power of Bar Council to make rules (s. 15)

(2)(a) election of BCI members, voting rules etc

(c) Manner of election of Chairman and VC
(d) Resolving disputes regarding validity of the election
(f) Filling of vacancies
(g) Powers and duties of Chairman and VC
(ga) rules regarding constitution of funds
(gb) organising legal aid and advice to the poor
(h) Summoning and holding of meetings of BC
(i)Constitution and functions of any committee
(j) Meetings of such committees
(k) Qualifications of secretary, accountant etc 
(l) Maintenance of books of accounts 
(m) Audit and auditors 
(n) Management and investment of funds 

State Bar Councils

•Members
–Advocate-General of India (Addl. Solicitor-General for Delhi)
–Electorate more than 10,000 – 25 members
Between 5,000-10,000 – 20 members
less than 5000 – 15 members
–Half of them should have been members for 10 years
–Chairman and VC 
Functions of SBC (s. 6)
1 (a) admit persons as advocates 
(b) Prepare and maintain a role 
(c) Determine cases of misconduct 
(d) Safeguard the rights, privileges and interests of advocates 
(dd)Promote growth of bar associations for implementing welfare schemes 
(e) Promote and support law reform 
(ee) Conduct seminars, legal talks, publish journals and paper 
(eee) Organise legal aid 

Same as BCI 

Disciplinary Proceedings

•Punishment of advocates for misconduct (s. 35)

–Discourteous behaviour towards the Bench in the Court
–Use of hot words, epithets or disrespectful, derogatory or threatening language in the Court
–Ill-temper overbearing the Court
–Defrauding/cheating the party
–Business of profit making
–Failing to file a case after acceptance of brief 

(1) Receipt of a complaint or otherwise, 

–SBC has reason to believe 
–Guilty of professional or other misconduct 
–Refer the case to the disciplinary committee 

(2) After an opportunity for the advocate and the Advocate-General of being heard 
–Dismiss the complaint/ file the proceedings 
–Reprimand the advocate 
–Suspend him from practice 
–Remove the name from the state roll 

•Once suspended, he is debarred for that time from practicing in India 

•One year time allotted to dispose of the case, otherwise case transferred to BCI 

•Disciplinary powers of BCI – s. 36 

–Any advocate not on the roll of any SBC 

•Disciplinary Committee – s. 9 
–Three members, 
•Two BCI members 
•Third person – advocate having 10 years’ standing and who is not a member of BCI 
•Senior most will be the Chairman 

•Powers – s. 42 
–All the powers of a Civil Court under Code of Civil Procedure, 1908 namely 

–Summoning and enforcing the attendance and examining on oath 

–Requiring discovery and production of documents 
–Receiving evidence on affidavits 
–Requisitioning any public record 
–Issuing commissions for examination of witnesses 
–Any other prescribed matter 

•DC may send summons or other process for the attendance of a witness or production of a
document
•Remedies available to the Advocates 

–Review of orders by the Disciplinary Committee (s. 44) 

•Within 60 days 
•Own motion or otherwise 

–Appeal to BCI (s. 37) 

•Within 60 days 

–Appeal to Supreme Court (s. 38) 

•Within 60 days 

–Application for Stay (s. 40(1)) 

•DC of BCI or SC may stay the proceedings 

•Penalty of illegal practicing (s. 45) 

–Imprisonment up to six months