Ans. The objective of the Act is to integrate and constitute one class of legal practitioners called ‘Advocates’

Ans. "An advocate entered in any roll under the provisions of this Act." Before this Act, there were different classes of legal practitioners under the Legal Practitioners Act. They were Advocates, lawyers, vakils, etc. the Advocates Act has abolished these classes and has recognised only one class of Advocates. They are classified as "Senior Advocates" and "other advocates" on merit basis. The status of a Senior Advocate is granted by the High Court or the Supreme Court with consent of the advocate. Only an advocate who is enrolled in the "Common roll" is entitled to practice in the Supreme Court or in any court, tribunal and in any other body where an advocate can practice.

Ans.

All India Bar Council

The Advocates Act 1961 has discussed the formation of the Bar Council of India as an autonomous body charged to carry out certain duties and functions.

The Bar Council of India is a legal person. It has the right to acquire movable and immovable properties, to sue and to be sued.

The Bar Council of India can also be a member of International organisation like International Bar Organisation.

State Bar Council

Advocates Act, 1961 provides for state bar council for every state.

Ans. Yes. A member of a Bar Council is deemed to have vacated his office if declared so by the Bar. If a member is found absent from three consecutive meetings without any reasonable cause, his name would be removed from the common roll.

Ans. In case of State rolls, the state Bar Council is empowered to decide on the seniority of the members. However, in the case of common roll, the decision of Bar Council of India is final and binding.

Ans. The Bar council may remove the names of the Advocates in the two cases:

• When the Advocate is dead

• On receiving a request from the advocate as to the removal of his name

• How can one enrol under the Bar Council?

In order to be eligible to apply, one must be:

• He must be a citizen of India.

• He must have obtained a degree in law.

• He must have paid an enrolment fee of Rs.250/- to the State Bar Council.

Procedure:

• Application: The person who desires to enrol must file an application to the State Bar Council, in the prescribed form with the necessary fee (Rs.250/-). He must have the qualifications as stated above.

• His name would then be considered by the enrolment committee which either accepts or rejects the application.

In case of rejection, the application is sent to National Bar Council along with the reasons of rejection. Also, the reasons of rejection shall be notified to every other state council.

Powers to remove:

In case of any misrepresentation, fraud or undue influence, the name can be removed the rolls.

Appeals

In case of rejection, the applicant may appeal to the Supreme court or the High Court depending upon the Bar Association involved.

Ans. No. Application once refused cannot be entertained by any other Bar Council except with the consent of- a) the Bar Council that rejected the application and b) All India Bar Council.

Ans.

The Bar Council has been conferred upon with the power to make rules regarding:

• The election of members of the Bar Council using the ballot system and to decide the condition under which the people can exercise their votes.

• The way the President and the Vice President are to be elected.

In case of any disputes regarding the validity of the elections, the decision of the Bar Council would be final.

• Filling the vacancies in the Bar Council.

• The powers and duties of President and Vice President.

• Maintaining books of accounts and audits.

Management of funds of Bar Council.

Summoning regular meetings.

Ans. Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). Although only Advocates have the liberty to practice/carry on litigation in Courts, there is a provision under the Act which gives the Court power to allow/deny any person to appear before it. 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.

Ans. Yes, the Advocates are punished for their misconduct. Under Section 35 of the Advocates ACT, 1961; A State Bar Council has the authority to punish the Advocates for their misconduct. Thus, what happens is that whenever an Advocate does such Act which invites disciplinary proceeding against him, such incident on being reported to the State Bar Council is directed towards the Disciplinary Committee. Once the proceeding is initiated against any Advocate in particular, then notice is served upon the Advocate in specific as well as the Advocate General of the State. Now, like every other case, the State Bar Council always has the option to suspend the Advocate from practice among several others. Dismissing the complaint is another option left at the perusal of State Bar Council. Reprimanding the Advocate or Removing the Advocate from practice for such period as may deem fit to the State Bar Council are some other steps that the Bar Council may take.

In the event of the suspension of the Advocate, he would not be allowed to practice for the mean time before any authority or person in India.

Ans. Basically, the Disciplinary Committee of the Bar Council orders under Section 35 for the dismissal etc. of the Advocate. In furtherance of which, the aggrieved Advocate can prefer an appeal to the Bar Council of India. The limitation period for such appeal is 60 days. Further, an appeal to the Supreme Court can be filed subsequently within 60 days. Additionally, the Disciplinary Committee may make such orders for Review within 60 days of the passing of such fresh order.

The Powers of the Disciplinary Committee of the Bar Council are same as those vested in a Civil Court under CPC, 1908. So, from summoning the witnesses to requiring discovery and production of any documents, from receiving evidence on affidavits to issuing commissions for examination of witness or documents, the Disciplinary Committee has same powers.

Not everyone can practice in the Court. This means that not everyone can go on to the Courts daily and have their enrollment numbers falsified and thus practice in the Courts. Such person who is illegally found to practice in the Court can be held liable for imprisonment of up-to 6 months.