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“Law Master’s” Publication
“Advocates Act, 1961”
Prof. S.D. Bhosale
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Advocates Act, 1961
Advocates Act, 1961
QUESTION BANK
Q.1 What are the salient features of Advocates Act 1961.
Q.2 What is the nature of legal profession? Sate its development in India.
Short Notes
1. Salient features of Advocates Act.
TABLE OF CONTENT
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“Law Master’s” Publication
“Advocates Act, 1961”
Prof. S.D. Bhosale
v. Enrolment of Advocates etc.-.......................................................................68
(2) Composition of the Act-..........................................................................................69
Historical Background-
a) Legal Profession in Ancient India-
We hardly find the existence of a legal profession in pre-British India. The legal
profession as it exists today was created and developed during the British era.
b) Legal Profession during the British Period-
The legal profession in today’s state started in British India. Therefore, it is
important to see how the legal profession developed in British India. The legal profession
developed with the developing judiciary. Thus, the development of the legal profession
took place with the development of the judiciary.
i. Charter of 1726-
By the Charter of 1726, the British Crown established Mayor’s courts in three
Presidency towns: Bombay, Madras, and Calcutta. The Mayor’s Courts were based on
English law.
There was no faculty of legal education available. Persons with no knowledge of
the law used to practice before the courts. Mayor courts were civil courts, and criminal
jurisdiction was vested in the Governor.
ii. Regulation Act 1773 and the Charter of 1774-
The Regulation Act 1773, passed by the British Parliament, empowered the Crown
to establish Supreme Courts in India by issuinga charter. Accordingly, the Supreme Court
was established at Calcutta by the Charter of 1774, at Madras by the Charter of 1801, and
at Bombay by the Charter of 1823.
In a true sense, the legal profession in India started with the Charter of 1774. The
Charter empowered the Supreme Court of Calcutta to approve and enrol Advocates and
Attorneys to practice before it. The Supreme Court had the power to remove any advocate
or attorney on reasonable grounds.
At that time, Advocates and Attorneys were British, and no Indian was allowed to
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“Law Master’s” Publication
“Advocates Act, 1961”
Prof. S.D. Bhosale
be Advocate or Attorney.
iii. Indian Pleaders-
The Bengal Regulation Act 1793 permitted qualified Hindu and Muslim persons only to
enroll as pleaders.
The Legal Practitioners Act of 1848 allowed all qualified persons of any
nationality or religion to enroll as pleaders in Sadar Diwani Adalats (i.e., the Civil Courts
of East India Company).
The Legal Practitioners Act of 1853 authorised Barristers and Attorneys of the
Supreme Court to plead in any of the Company’s Courts.
iv. Establishment of High Courts-
The Indian High Courts Act of 1861 established High Courts in Presidency
Towns. Civil Courts were also established in a different town. Similarly, criminal Courts
were also established.
v. Enrolment of Advocates etc.-
The Letter Patent of 1865 empowered the High Court to enroll legal practitioners.
The Letter Patent empoweredthe High Courtat Calcutta toapproveandadmit enroll
so many advocates,vakils,and attorneysasthe High Court deemedfit. These personswere
to appear before the High Court.
vi. All Legal Practitioners were brought under the control of the High Court-
The Legal Practitioner’s Act of 1879 defined the term ‘Legal Practitioner’ as an
advocate, vakil, attorney of any High Court, pleader, Mukhtar, or revenue agent.
All these legal practitioners were brought under the control of the High Court.
Advocates were the Barristers who studied in Britain, and Vakils were the persons who
had taken law degrees from Indian Universities. Similarly, Pleaders and Mukhtars were
Indian lawyers.
The Act was the first elaborate provision for legal professionals and practitioners.
The Act expanded the scope of legal practitioners to practice before all courts. The Act
also made provisions for the suspension and dismissal of legal practitioners from practice
on specified grounds.
vii. Constriction of Bar Council at each High Court-
An Indian Bar Committee was constituted in 1923 under the Chairmanship of Sir
Edward Chamier to consider whether all Indian Bars could be constituted. However, the
committee suggested constituting separate Bar Councils at every High Court level.
Accordingto the committee's suggestion, the Indian Bar Council Act was passed in
1926, establishing Bar Councils separately at each High Court’s level.
The Act abolished the distinction between Barristers and Advocates. However,
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“Law Master’s” Publication
“Advocates Act, 1961”
Prof. S.D. Bhosale
the leaders and Mukthars practising in Mufusil Courts were kept separate and were not
brought under the Act.
c) Legal Profession in Independent India-
In independent India, the All-India Bar Committee was constituted in 1951 under
the Chairmanship of Justice S. R. Dass. As per the recommendations, the present
Advocates Act 1961 was constituted.
Advocates Act 1961-
(1) Introduction-
The Advocates Act of 1961 repealed the then-existingIndian Bar Council Act of
1926 and became applicable to the whole of India. The Act brought revolutionarychanges
in the legal profession in independent India and, in a true sense, endowed it with dignity
and integrity.
The Act has provided for establishing an autonomous Bar Council at each State
level and the All India Bar Council at the national level; it consists of representatives of
the State Bar Council. According to the Act, a State Bar Council has to enroll Advocates
and prepare a roll of all the Advocates practisingin that state; thereafter, a common roll of
advocates practising in the whole of India is to be prepared by the Bar Council of India.
(2) Composition of the Act-
Advocates Act 1961 contains sixty sections divided into seven chapters.
Chapter I- consists of preliminary issues, such as short titles, definitions etc.
Chapter II- deals with the Bar Councils.
Chapter III- deals with the admission and enrolment of advocates.
Chapter IV- deals with the rights of advocates to practice.
Chapter V- deals with the conduct of advocates.
Chapter VI- deals with miscellaneous issues, and
Chapter VII- deals with the temporary and transitional provisions.
We have discussed these chapters in detail at appropriate places.
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