Prior to this Act, there were deviant classes of legal practitioners under the Legal Practitioners Act. “The expression ‘to practice the profession of law’ in section 29 of the 1961 Act is wide enough to cover the persons practicing in litigious matters as well as persons practicing in non litigious matters and, therefore, to practice in non litigious matters in India, the respondents were bound to follow the provisions contained in the 1961 Act.” (adsbygoogle = window.adsbygoogle || []).push({}); Subject to the provisions of this Act and any It is been seen that Advocates act who is the primitive act in mentioning about the rights of an advocate is an elaborative act dealing in various aspects in relation to legal profession and it is prominent to state that according to the Section 29 to 34 of the Advocate Act, 1961, Practice of Advocates is a right. The Advocates Act put into effects the recommendation of the Bar Committee in the Law Commission with some modifications. Mr. Singh further submitted that the 1961 Act is a complete code for regulating the practice of law in India. ). He should also not use unparliamentary language during arguments in the court. An advocate should not trade or agree to receive any share or interest in any actionable claim. He is also duty bound to not be a party to stir up or instigate litigation. Section 29 of Advocates Act, 1961. He also shall not charge for his services as a proportion of the amount or property acknowledged after the success of the matter. In 1961, parliament enacted the AdvocatesAct to amend in strengthen the law relating to the legal practitioner, and to administer for the constitution for the All India Bar Council and State Bar Council. Professional misconduct refers to disgraceful or dishonorable conduct, not befitting to the profession concerned. [14] Indulging in practices of corrupting the judiciary or offering bribe to the Judge [15] ; retaining money deposited with the advocate for the decree-holder even after execution proceedings [16] ; scandalizing the Judges [17] ; constant abstention from the conducting of cases; misappropriation of the amount paid [18] ; attesting forged affidavit [19] ; failure to attend trial after accepting the brief [20] ; taking money from client in the name of the Judge[21]; gross negligence involving moral turpitude [22] ; indecent cross examination[23]; breach of trust[24]; conducting fraud and forgery[25] by the advocates, have been held to be serious misconduct by the Supreme Court. entitled to practise.[4]. So, as per Section 32 of the Advocates Act, 1961; a person who has not been enrolled under the Advocates Act 1961 has the liberty to appear before the Court but only on the ground that the Court allows  him to do so.[6]. Thus, the Advocates Act,1961 needs to be amended to this extent. He should should not act on the direction of any person other than his client or the client’s authorized agent. Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. Legal profession is not a trade or business. He should turn up in court at all times only in the dress ethical under the Bar Council of India Rules and his representation should always be presentable. Section 29 of the Advocates Act, 1961 provides that “subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely advocates.” An advocate under the Advocates Act, 1961 is a person who have entered in any roll under the provisions of this Act. Under section 1, the Act is to come into force on such date as the central government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. It is notable that in preceding days of the British period the legal profession was not paid due consideration and it was not well formulated. In order to implement the commendation of All India Bar Committee (endorsed by the fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. In any matter in which he has financial interests then he should not act or plead in that matter. The act has endured several amendments since its enactment in 1961. Section 30 : Right of advocates to practice. Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other than advocates from practicing law. Doctrine of Eclipse under Indian Constitution. An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. 7 of 1990, Act No. The Act extends to the whole of India. They were Advocates, lawyers, vakils, etc. Section 29. Section 29 of the Advocate's Act, 1961 provides that subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates. Under Section 34 of the Advocates Act, 1961, the High Court islegitimized to make rules about the conditions under which an advocate shall be permitted to practise in the High Court and subordinate court. The First Law Commission inspected and made a Report on Reforms of Judicial Administration. An advocate should not show up in any matter where another advocate has filed a vakalt or memo for the same party (he can do so only with the consent of the other advocate. Reported in : AIR1997Ker243; 1994CriLJ682..... das v. civil judge, air 1974 all 133). Slowly and gradually, it was felt that the Judicial Administration should be switched according to the needs of the time. However, in Derby Textiles Ltd. v. Mahamantri, Derby Textiles Karmachari and Shramik Union,[7] it has been held that an office-bearer of a trade union, who is a qualified law graduate but not registered as an advocate, can be permitted to represent the union and argue the case. Lawyers needs to keep in mind that they are to assist the court in the administration of justice. Similarly, Section 30 lays down that subject to the provisions of this Act, every advocate whose name is entered in the State Roll shall be entitled as of right to practice throughout the territories to which this Act extends: (a) in all Courts including the Supreme Court;(b) before any Tribunal or person legally authorized to take evidence; and (c) before any other authority or person before whom such advocate is by or under any law for the time being in force. It is also a duty of an advocate todauntlessly uphold the interests of his client by all fair and honourable means. The aim of the Advocates Act is to harmonize and constitute one class of legal practitioners called “Advocates” and to determine uniform qualification for admission to the Bar. He should not exploit or take any advantage of the confidence reposed in him by his client. to practice the profession of law, namely, Mandeep Singh. this status has gained statutory recognition when section 49 of the advocates act empowered bar council of india to frame rules, regulating standards of professional conduct. appointed day, be only one class of persons entitled He has a duty defend a person accused of a crime regardless of his personal presupposition as to the guilt of the accused. ][Date of commencement: Section 32 — 1st January, 2000. [17] Dr. D C Saxena v. Chief Justice of India, AIR 1996 SC 2481. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. An advocate should not disclose in private to a judge with regard to any matter pending before the judge or any other judge. Short title, extent and commencement (1) This Act may be called The Advocates Act , 1961. Section 29 of the Advocates Act, 1961, states as under: “29. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. [8], At the end of a thoughtful judgment S.N. Therefore, it must remain a de-contaminated profession. An advocate shall not negotiate directly with opposing party by any means of communication or negotiate or call for settlement upon the subject matter of differences. Section 31. [18] D S Dalal v. State Bank of India, AIR 1993 SC 1608; and J S Jadhav v. Mustafa Haji Mohamed Yusuf, AIR 1993 SC 1535. The All India Bar Committee also inspected the matter and made its recommendations in 1953. The Act extends to the whole of India, except the State of Jammu and Kashmir. [13] Noratanmal Chouraria v. M R Murli & Anr., AIR 2004 SC 2440. 12 of 1995, Act No. [16] Prahlad Saran Gupta v. Bar Council of India, AIR 1997 SC 1338. [14] In Re : Vinay Chandra Mishra, AIR 1995 SC 2348. : State Bar Councils to send copies of rolls of advocates to Since the foremost duty is commitment is to assist the court in dispensing justice, the members of the Bar cannot perform in a manner which is doubtful, or has a lot of doubts or which strives to thrive on litigation. (Exception he is liable to disclose if it violates Section 126 of the Indian Evidence Act, 1872.). He should not enter act, appearance, practice or plead in any way before a judicial authority if the sole or any member of the bench is related to the advocate as son, daughter father, grandson, grandfather, , first cousin,  uncle, nephew, brother, husband, wife, mother, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. [8] Prayag Das v. Civil Judge, Bulandshahr, AIR 1974 All 133, [9] Harish Uppal vs Union Of India & Anr on 17 December, 2002. He has also a duty that he should not promote unauthorized practice of law. If he is a member of the management of the establishment then he should not appear in or before any judicial authority, for or against any establishment. He submitted that as per Section 24 read with Section 29 of the 1961 Act, any person intending to practise the profession of law must be enrolled as an advocate on any State Bar Council established under the 1961 Act. particular cases, Section 33 : Advocates alone entitled to practice, Section 34 : Power of High Courts to make rules, Section 35 : Punishment of advocates for misconduct. Section 29 - Advocates to be the only recognized class of persons entitled to practice law-. Legal practice in India is governed by the Advocates Act 1961; an act passed by the Indian Parliament which provides for laws relating to legal practitioners in India and to provide for the constitution of the Bar Council of India (BCI) and state bar councils. Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). 2012] CAP. ( should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General.). 2. Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day, be only one class of persona entitled to practice the professions of law, namely, advocates. Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.” SUPREME COURT JUDGMENTS . This Act may be cited as the Advocates Act. advocates. It may, yet, be noted that the Advocates Act, 1961, came into being for over four decades back, but still Section 30 of this Act, is not forced upon. There was need for a unified bar, rules governing the State Bar Councils and most primarily, the formulation of an All India Bar, all of which was is the freshly enacted law. The Advocates Act has set aside these classes and has allowed only one class of Advocates. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. Section 29 of Advocates Act, 1961. But the right to appear and conduct cases in the Court is a matter on which only the court must and does have a supervisory and controlling power, which does involve the right of an advocate.’[9]. Section 32. [6] https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. [Rest: 15th December, 1989.An Act of Parliament to amend and consolidate the law relating to advocates. The advocate has a duty that he must without any delay intimate the client of the fact of such receipt if any amount is received or given to him on behalf of his client. Thatthe Supreme Court in India, in N Mohindroo v. BCI [AIR 1968 SC 888] and Bar Council of UP [AIR 1973 SC 231] the subject covered by the Advocates Act, 1961 is preferable to Entries 77 and 78 in List I of Schedule VII of the Constitution of India. [20] S J Chaudhary v. State, AIR 1984 SC 618. Having gone through varied enactments, judgments and cases that have been referred the author suggests that there must be various career conveyance and advancement programs conducted by the Bar Council promptly after enrolment so that new legal professionals they will be aware of the do’s and don’ts of this profession and there will be a greater degree of group of advocates in the coming decennary. The Supreme Court, through its decision in the matter of Bar Council of India v. Board of Management, Dayanand College of Law[11], surveyed the statutory powers available to BCI under the provisions of the Advocates Act, as well as the Rules framed thereunder, and concluded that BCI was concerned with the standards of the legal profession and legal education in the country. An advocate has also a duty that he should not by any means, directly or indirectly, divulge the communications made by his client to him. https://indiankanoon.org/doc/510150/#:~:text=33.,an%20advocate%20under%20this%20Act. It may be noted that under this section, only one category of person, the Advocates, are authorized to practice, subject to the Provisions of this Act. Section 35 : … Right of advocates to practise.—Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,— practice law? Section 30 in THE ADVOCATES ACT, 1961 30. https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. [21] Chandra Shekhar Soni v. Bar Council of Rajasthan, AIR 1983 SC 1012. Advocate Act, 1961 specifies the rules governing advocates, vakils, … It is also clarified that the expression "to practice the profession of law" under Section 29 of the Advocates Act, 1961 covers the persons practicing litigious matters as well as non-litigious matters other … in the preamble ..... the profession of law. 25 OF 1961 [19th May, 1961.] CHAPTER V CONDUCT OF ADVOCATES. 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