Advocates Act

THE ADVOCATES ACT, 1961 The profound profession as it exists today was created and developed during the British period. However, it is nonable that in earlier days of the British period the well-grounded profession was not paying due attention and it was not well organized. truly the east India Company was not interested in organizing the reasoned profession. There was no uniform juridic system in the settlements of the east India Company.After introduction of so many charters by the company it en cloaked The Indian naughty approachs correspond, 1861 (commonly know as the Charter Act) passed by the British Parliament enabled the Crown to establish High Courts in India by Letters glaring and these Letters Patent authorized and empowered the High Courts to make rules for advocates and attorneys (commonly known as Solicitors). The law relating to Legal Practitioners can be found in the Legal Practitioners Act, 1879 and the Indian avoid Councils Act, 1926. Legal Practitioners A ct, 1879 came into force with effect from 1st January, 1880.In 1879, the profound practitioners act was passed to consolidate and it amend the law relating to the legal practitioners. Under the legal practitioners act, 1979 the term legal practitioner has been used for advocate, vakil or attorney of a proud court and pleader, Mukhtar or revenue agent. every these were brought nether the jurisdiction of high court. A Person who is qualified to be pleader / vakil / muktas has to appear for examination and after obtaining the protection he / she may apply under(a) Sec. of the Legal Practitioners Act and Register their name in any Court or Revenue smudge situated within the local limits of the Appellate jurisdiction of the High Court. As Per Sec. 11 of this Act, the High Court may frame the rules declaring what sh completely be deemed to be the functions, powers and duties of pleaders / vakils / muktas. As per Sec. 13 of this Act, the High Court has Disciplinary view as over P leaders / Vakils / muktas by suspending / dismissal / by withdrawing the certificate granted by it. The Indian discontinue Council Act 1926 came into force with effect from 9. . 1926. The main object of the act was to provide for the constitution and incorporation of deflect councils for real courts, to confer powers and impose duties on much(prenominal) councils and in like manner to consolidate and amend the law relating to the legal practitioners of such courts. As per Sec. 4(1), every shut Council shall consist of 15 Members, one shall be the counselling General, 4 shall be psyches nominated by High Court of whom not more than 2 may be resolve of High Court and 10 shall be elect by the powers 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 access code as an Advocate he/she has to undergo One year train training with any senior advocate and he has to issue certificate that training pe riod is faultless successfully. After Independence it was deeply felt that the juridical Administration in India should be changed according to the ask of the time. The Law Commission was assigned the job of preparing a report on the make better of Judicial Administration.In the pie-eyed while the All India Bar Committee went into occurrence of the matter and made its recommendations in 1953. To implement the recommendations of the All India Bar Committee and after taking into key out the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so removed 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 assent of the President on 19the May,1961 and it blend The Advocates Act,1961 (25 of 1961). The main salient features of this Bar Council is to enroll the candidates who cave in obtained la w degree, disciplinary control over the advocates, to resurrect legal education to junior advocates and provide financial assistance to the Advocates on medical ground and to a fault the bereaved 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 charge 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 division of advocates into senior advocates and other advocates found on merit The creation of autonomous Bar Councils, one for the whole of India and on for each State.The Bill, cosmos a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other laws on the subject.