Recognition of advocates & Bar Councils’ role in legal education — UPSC...
With reference to India, consider the following statements:
- Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
- 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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Explanation
Statement 1 is incorrect
- Legal firms themselves are not recognized as advocates. However, corporate lawyers and patent attorneys are not inherently excluded from being considered advocates; they can be recognized as advocates if they are duly enrolled with a Bar Council.
Statement 2 is correct
- The Bar Council of India is a statutory body created by Parliament under the Advocates Act, 1961 to regulate and represent the Indian Bar. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.
- It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. It also protects the rights and interests of advocates and establishes funds to support welfare schemes for them. Each state’s State Bar Council is affiliated with the Bar Council of India.
Answer: (b) 2 only; Difficulty Level: Medium
