Advocates Act

THE ADVOCATES ACT, 1961 The sancti aned profession as it exists today was created and authentic during the British period. However, it is notable that in primitively days of the British period the licit profession was not paid payable attention and it was not well organized. real the east India Comp either was not interested in organizing the efficacious profession. There was no analogous judicial system in the settlements of the east India Comp all. later on introduction of so numerous charters by the comp both it en spoted The Indian postgraduate addresss bend, 1861 (commonly cognise as the Charter Act) passed by the British Parliament enabled the Crown to register High coquettes in India by earn Patent and these Letters Patent clear and empowered the High Courts to make rules for counselors and attorneys (commonly known as Solicitors). The truth relating to licit Practitioners stub be found in the Legal Practitioners Act, 1879 and the Indian immobilize Cou ncils Act, 1926. Legal Practitioners Act, 1879 came into essence with load from 1st January, 1880.In 1879, the statutory practitioners act was passed to consolidate and it amend the law relating to the jural practitioners. Under the levelheaded practitioners act, 1979 the term legal practitioner has been used for advocate, vakil or attorney of a high court and pleader, Mukhtar or revenue agent. both(prenominal) these were brought under the legal power of high court. A Person who is restricted to be pleader / vakil / muktas has to appear for run and after obtaining the certificate he / she may apply under Sec. of the Legal Practitioners Act and Register their name in any Court or Revenue sureness situated within the local limits of the appellant Jurisdiction of the High Court. As Per Sec. 11 of this Act, the High Court may drop the rules declaring what shall be deemed to be the functions, powers and duties of pleaders / vakils / muktas. As per Sec. 13 of this Act, the Hi gh Court has Disciplinary suss out everyplace Pleaders / Vakils / muktas by suspending / dismissal / by withdrawing the certificate granted by it. The Indian take out Council Act 1926 came into force with effect from 9. . 1926. The chief(prenominal) object of the act was to win for the constitution and incorporation of beat councils for veritable courts, to confer powers and impose duties on much(prenominal) councils and also to consolidate and amend the law relating to the legal practitioners of such courts. As per Sec. 4(1), all(prenominal) Bar Council shall consist of 15 Members, one shall be the Advocate General, 4 shall be persons nominated by High Court of whom not more than 2 may be judges of High Court and 10 shall be elected by the Advocates who are practicing at High Court.As per Sec. 8 of Indian Bar Council Act a person may enrol as an advocate in the High Court. After admission as an Advocate he/she has to undergo One year apprentice procreation with any senio r advocate and he has to issue certificate that training period is completed successfully. After license it was deeply felt that the Judicial governing body in India should be changed according to the unavoidably of the time. The Law Commission was assigned the excogitate of preparing a report on the tame of Judicial validation.In the mean while the every last(predicate) India Bar Committee went into detail of the event and made its recommendations in 1953. To implement the recommendations of the All India Bar Committee and after fetching into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendation relate to the Bar and to legal education, a Comprehensive Bill was introduced in the Parliament. The Advocate Bill was passed by both the Houses of Parliament nd it received the accord of the President on 19the May,1961 and it become The Advocates Act,1961 (25 of 1961). The main salient features of thi s Bar Council is to enroll the candidates who stick obtained law degree, disciplinary control over the advocates, to promote legal education to lowly advocates and provide financial assistance to the Advocates on medical ground and also the bereaved person family of the Advocates. Objective of the ActThe establishment of an All India Bar Council and a common roll of advocates and advocate on the common roll having a right to practice in any part of the country and in any Court, including the Supreme Court The integration of the bar into a single class of legal practitioners knows as advocates The prescription of a uniform qualification for the admission of persons to be advocates The partitioning of advocates into senior advocates and other advocates based on merit The creation of autonomous Bar Councils, one for the whole of India and on for individually State.The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other laws on the subject.