ADVOCATE ACT OF 1961 by Rishabh Singh at LexCliq

 

To start with the topic of Advocate act of 1961 it’s important to understand what is an advocate and what’s the role of one in the current times or in the particular field. Hence, an advocate is a professional in the field of law. An advocate is someone who can help you speak up so that your specific and important  needs are heard, your rights are understood and your problems are resolved.

Webster’s defines an advocate as a person who pleads another’s cause, or who speaks or writes in support of something. A lawyer is an advocate when he represents his client in a courtroom. The definition of an advocate is someone who fights for something or someone, especially someone who fights for the rights of others. Unlike an attorney, an advocate does not deal directly with the client – the attorney refers the client to an advocate when the situation requires it. Therefore a good Advocate is someone who is able to maintain focus on the case even if it extends for a long long period of time. Analysis, Analysis, and Perfect Analysis. No Advocate can obtain the badge of ‘Good’ without his analytical skills. The seed of a case grows well only if it is planted deep in the ground.

In 1961, parliament enacted the Advocates Act to amend in consolidated the law relating to the legal practitioner, and to provide for the constitution for the State Bar Council and All India Bar Council. The Advocates Act implements the recommendation of the Bar Committee in the Law Commission with some modifications. The Advocates Act1961 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.

As per the act of 1961, It shall be the duty of anadvocate fearlessly to uphold the interests of his client by all fair and honourable means. An advocate shall do so without regard to any unpleasant consequences to himself or any other. In order to implement the recommendations of All India Bar Committee (endorsed by fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. The Act extends to the whole of India, except the State of Jammu and Kashmir. The Act aims at amending and consolidating the laws relating to legal practitioners and to provide for the establishment of State Bar Councils and an All India Bar Council. However, over the years Bar Council of India has assumed the Role of Regulator of Legal Profession, professionals & institution imparting the legal education. Not only this, BCI has also assumed the role of representing the Advocates.

Law is the set of rules and regulations governing a society. It is a full-fledged subject studied by those who wish to enter the legal field. The history of the legal profession in India can be traced back to the establishment of the First British Court in Bombay in 1672 by Governor Aungier. The admission of attorneys was placed in the hands of the Governor-in-Council and not with the Court. Prior to the establishment of the Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal practitioners. The Mayor’s Courts, established in the three presidency towns, were Crown Courts with the right of appeal first to the Governor-in-Council and a right of the second appeal to the Privy Council.  In 1791, Judges felt the need of experience, and thus the role of an attorney to protect the rights of his client was upheld in each of the Mayor’s Courts. This was done in spite of opposition from Council members or the Governor.  A second principle was also established during the period of the Mayor’s court. This was the right to dismiss an attorney guilty of misconduct.  The first example of dismissal was recorded by the Mayor’s Court at Madras which dismissed attorney Jones.

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