TABLE OF CONTENTS

S.No Content Pg.

1. Introduction 1

2. History of advocates act 1961 2

3. Advocate 2

4. Rights and duties of advocate 2

5. Bar council of India 3

6. Establishment of bar council of India 6

7. Legal practitioner 8

8. State bar council 10

9. Various committees under advocates act 1961 13

10. Admission and enrollment of an advocate 21

11. Disqualification of an advocate 23

12. Senior advocate 24

13. Advocate on record 28

14. Conclusion 30
 ADVOCATES ACT 1961

INTRODUCTION:

The Advocates Act, 1961: Shaping the Indian Legal Landscape

Enacted in 1961, the Advocates Act stands as a pivotal pillar of the Indian legal system, laying
the groundwork for the regulation, structure, and ethical conduct of the legal profession. It acts
as a comprehensive roadmap, outlining the path to becoming a lawyer, defining their rights and
responsibilities, and establishing a framework for upholding professional standards.

At its core, the Act aims to achieve several key objectives:

Regulate entry into the profession: It prescribes the educational qualifications, training
requirements, and licensing procedures that individuals must follow to practice law in India.
Establish bar councils: The Act mandates the creation of State Bar Councils and a central Bar
Council of India, empowered to maintain a register of advocates, enforce professional
discipline, and promote legal education and ethical practices.
Define advocate conduct: The Act outlines a code of ethics for advocates, emphasizing
principles like integrity, competence, and independence. It establishes disciplinary mechanisms
to address professional misconduct and protect the public from unethical practices.
Safeguard advocate rights: The Act recognizes the rights of advocates to practice freely,
participate in bar council activities, and receive fair treatment in disciplinary proceedings.
The impact of the Advocates Act extends far beyond mere regulation. It fosters a culture of
professionalism within the legal community, emphasizing the importance of upholding ethical
standards, providing competent representation, and contributing to the administration of
justice.
However, the Act is not static. Throughout the years, amendments have been
incorporated to address evolving needs and challenges within the profession. From tackling
issues like unauthorized practice to promoting diversity and inclusion, the Act continues to
adapt to safeguard the integrity and vitality of the Indian legal landscape.
This introductory glimpse serves as a mere invitation to delve deeper into the intricacies
of the Advocates Act, 1961. Further exploration will unveil its specific provisions, historical
context, ongoing debates, and its continuing influence on shaping the future of the legal
profession in India.

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HISTORY OF ADVOCATES ACT 1961:
After India's independence, Parliament enacted the Advocates Act of 1961 to oversee
the legal profession. The All India Bar Council was laid out in 1953 by the public authority to
direct and control the Indian legal executive after Freedom in 1947. The Supporters Act and
the Bar Gathering of India were shaped in 1961 because of a suggestion submitted to
Parliament by the All-India Bar Panel. Legitimate specialists were partitioned into different
classes under the Lawful Experts Demonstration of 1879 until the Supporters Act, 1961 became
effective. Advocates, Lawyers, Vakils, Barristers, and other names were given to them. After
the Demonstration became effective, a few classes of lawful specialists were nullified and
joined into one class of backers. These backers were sorted as Senior Promoters and other
development advocates in view of their capabilities for aptitude and experience. Senior Backers
are given the title with the High Court's or the High Court's affirmation.

ADVOCATE:
The Advocates Act, 1961, forms the backbone of the legal profession in India, defining
the role and responsibilities of an "advocate". Let's unpack this term and explore its significance
within the Act:
Definition:
Section 2(1)(a) of the Act defines an advocate as "an advocate entered in any roll
prepared under this Act." This implies that eligibility to practice law and be recognized as an
advocate hinges on being enrolled in the register maintained by the relevant Bar Council.

Path to becoming an Advocate:

The Act specifies a clear pathway to becoming an advocate. One must hold a law
degree, complete specific training requirements, and pass the All India Bar Examination or a
State Bar Council examination. Upon fulfilling these requirements, individuals can enroll with
the Bar Council and officially become advocates.

Rights and Duties:

The Act outlines both rights and duties for advocates. These include:
Rights: Right to practice law, participate in Bar Council activities, receive fair treatment in
disciplinary proceedings, etc.

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Duties: Maintain ethical standards, provide competent representation, uphold the court's
dignity, avoid conflicts of interest, and serve the public interest.

Categories of Advocates:
While all enrolled individuals are advocates, the Act recognizes two categories:
Advocates: The general category encompassing all enrolled legal practitioners.
Senior Advocates: A distinguished group of advocates recognized for their experience and
expertise.

Role and Importance:

Advocates play a critical role in the Indian legal system by:
1. Representing clients in courts and tribunals.
2. Advising clients on legal matters.
3. Drafting legal documents.
4. Contributing to the development of law and jurisprudence.
5. Upholding the rule of law and promoting access to justice.

Understanding the "Advocate" under the Advocates Act, 1961, goes beyond a mere definition.
It signifies a commitment to professional ethics, competent representation, and contributing to
the betterment of the legal system.

BAR COUNCIL OF INDIA:

Based on the All India Bar Committee's recommendations, the Advocates Act of 1961
established the Bar Councils of India. These gatherings work at both the public and state levels.
The State Bar Gatherings were laid out under Segment 3 of the Demonstration. The Bar
Gathering of India includes individuals chose from each State Bar Board, the Head legal officer
of India, and the Specialist of India, who act as individuals naturally. The individuals from the
State Bar Gatherings are chosen for a very long time. The Gathering has the ability to pick its
own Executive and Bad habit Administrator from among its individuals, and they serve for a
considerable length of time. The powers and elements of the Bar Committee of India have been
examined beneath.

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Structure:
The Bar Council of India shall consist of:
• The Attorney General of India and the Solicitor General of India are Ex-officio
members of the council and the other members represent the State Bar Councils in the
country.
• The members are elected for five years and the chairman and vice-chairman are elected
for two years from among the members of the Bar Council of India.

Powers of the Bar Council of India

The powers of the Bar Council of India are:

Admission as an Advocate
According to Section 20 of the Advocate Act, any advocate who had the right to practice in the
Supreme Court before the appointed day but was not listed in any state roll can express their
intention to the Bar Council.
They must do this within the prescribed time and using the prescribed form. Upon receiving
the application, the Bar Council of India will direct the respective state Bar Council to enter
the advocate’s name in the state roll without a fee.

Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council must send an
authenticated copy of the advocate role, prepared for the first time under this Act, to the Bar
Council of India. Furthermore, any alterations or additions made to the roll must be promptly
communicated to the Bar Council of India.

Transfer of Name
Section 18 of the Advocate Act deals with transferring an advocate’s name from one State Bar
Council role to another. If an advocate wishes to transfer their name, they must apply to the
Bar Council of India.
Upon receiving the application, the Bar Council of India will direct the removal of the
advocate’s name from the first State Bar Council’s roll and its entry into the roll of the other
State Bar Council. No fee is required for this transfer.

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Appointment of Committees and Staff Members
Section 9 empowers the Bar Council of India to appoint disciplinary committees, legal aid
committees, executive committees, legal education committees, and other necessary
committees.
Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members
as necessary. The secretary and accountant must possess the required qualifications. Having a
secretary is mandatory for the Bar Council.

Maintenance of Accounts
Under Section 12, the Bar Council of India must maintain books of accounts and other relevant
books in a prescribed format. Qualified auditors, similar to the auditing of company accounts,
must audit these accounts.
The Bar Council of India is also responsible for sending a copy of its accounts and the auditors’
report to the Central Government. Furthermore, these accounts are published in the Gazette of
India.

Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate Act. These rules
can cover various aspects such as the election of Bar Council members, the chairman and vice-
chairman, dispute resolution, filling of vacancies, powers and duties of the chairman and vice-
chairman, organisation of legal aid, meetings and conduct of the business of committees, and
management and investment of funds of the Bar Council.

General Power and Punishment for Misconduct

Section 49 of the Advocate Act grants the Bar Council of India general power to make rules
for discharging its functions under the Act. Additionally, Section 36 empowers the Bar Council
to punish advocates for professional or other misconduct. The Bar Council of India can suspend
advocates from practice, remove their names from the state roll, dismiss complaints, or issue
reprimands as it deems fit.

Appellate Power
Section 37 gives the Bar Council of India authority to hear appeals against the orders of
disciplinary committees. The disciplinary committee of the Bar Council of India must hear any
appeal.
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Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60
days.

Other Powers and Functions

Apart from the aforementioned points, the Bar Council of India has additional powers and
functions.
These include:
• providing financial assistance to State Bar Councils that require funds to perform their
functions,
• preventing citizens of specified countries from practising law in India if those countries
prevent Indian citizens from practising law there,
• reviewing the legality and propriety of proceedings conducted by State Bar Councils or
their committees,
• giving its orders except in matters handled by the disciplinary committee, and
• providing directions to State Bar Councils or their committees to ensure the proper and
efficient discharge of their functions.
Functions of the Bar Council of India
The functions of the Bar Council of India are:

Establishment of the Bar Council of India

Parliament established the Bar Council of India under the Advocates Act of 1961. Its main
responsibilities include regulating the legal profession and legal education in India.

Statutory Functions of the Bar Council of India

The Bar Council of India has various statutory functions outlined in Section 7 of the Advocates
Act, 1961:

1. Standards of Professional Conduct: It lays down the standards of professional conduct and
etiquette for advocates.
2. Disciplinary Procedure: It establishes the procedure to be followed by its disciplinary
committee and the disciplinary committees of each State Bar Council.

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3. Advocates’ Rights and Interests: It safeguards advocates’ rights, privileges, and interests.

4. Law Reform: It promotes and supports law reform initiatives.

5. Handling Referred Matters: It deals with and resolves matters referred to by State Bar
Councils.
6. Legal Education: It promotes legal education and sets standards for legal education in
consultation with universities and State Bar Councils. It also visits and inspects universities or
directs State Bar Councils to do so.
7. Recognising Qualifications: It recognises universities whose law degrees qualify for
enrollment as an advocate. Foreign qualifications in law obtained outside India may also be
recognised reciprocally.
8. Seminars and Publications: It organises seminars and talks on legal topics by eminent
jurists and publishes journals and papers of legal interest.
9. Legal Aid: It organises legal aid for the underprivileged.
10. Management of Funds: It manages and invests the funds of the Bar Council.
11. Election of Members: It provides for the election of members who will run the Bar
Councils.

Establishment of Funds
The Bar Council of India can establish one or more funds according to prescribed procedures.
These funds may be used to organise welfare schemes, provide legal aid or advice, and establish
law libraries. The Bar Council can receive grants, donations, gifts, or benefactions for these
purposes.

Membership in International Legal Bodies

Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India may become a member
of international legal bodies like the International Bar Association or International Legal Aid
Association. It can contribute funds and authorise participation in international legal
conferences or seminars.

Prohibition of Strikes and Boycotts

The Bar Council of India must uphold professional conduct and etiquette for advocates. It is
illegal and void for the Bar Council to pass resolutions instructing advocates not to participate
in legal aid programs or disrupt court proceedings.
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Advocates who participate in strikes or boycotts can face disciplinary action by the concerned
State Bar Council. Advocates are obligated to ignore calls for strikes or boycotts.

Case Laws on Powers and Functions of the Bar Council of India

Case: Raveendranath Naik v. Bar Council of India1
In the case of Raveendranath Naik v. Bar Council of India, the court declared the resolution
of the Bar council of India against participating in legal aid programs as illegal and void.
Case: Ex-Captain Harish Uppal v. Union of India2
In the case of Ex-Captain Harish Uppal v. Union of India, the court emphasised that the Bar
council of India should not paralyse the functioning of courts. Instead, it should focus on setting
professional standards and preventing strikes or boycotts.

LEGAL PRACTITIONER:
The word ‘legal practitioner’ is covered by Section 2(1)(i) of the Act. A legal
practitioner is a person who is an advocate or vakil in any High Court, as well as a pleader,
mukhtar, or tax agent.

Within the Indian legal landscape, the term "legal practitioner" carries significant weight. Yet,
understanding its precise interpretation under the Advocates Act, 1961 (the Act) requires
delving deeper into its nuances and implications. This exploration aims to demystify the
concept of a legal practitioner, shedding light on its historical context, legal definition, diverse
categories, and the intricate framework that governs their existence.
A Historical Snapshot:
Prior to the Act, the term "legal practitioner" encompassed a wider range of individuals
involved in legal matters, including pleaders, mukhtars, and revenue agents. However, the Act
sought to streamline and professionalize the legal fraternity, introducing a more focused
definition and establishing a clear pathway to practice law.
Dissecting the Definition:

1
AIR 2007 Kar. 75
2
AIR 2003 SUPREME COURT 739, 2003

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Section 2(i) of the Act defines a "legal practitioner" as "an advocate, or vakil of any High Court,
a pleader, mukhtars or revenue agent". While seemingly straightforward, this definition unveils
several layers of complexity:
• Advocates: The primary category recognized under the Act, they form the cornerstone
of the legal profession, representing clients in various legal forums.
• Vakils: A historical category with limited presence nowadays, restricted to practicing
in specific courts established prior to the Act.
• Pleaders: Originally authorized to represent clients in subordinate courts, their practice
is now largely phased out.
• Mukhtars: Primarily authorized to represent clients in revenue matters, their practice
too is diminishing in scope.
• Revenue Agents: Authorized to represent clients in matters related to land revenue and
specific taxes, their existence varies across states.
The Journey to Becoming a Legal Practitioner:
Aspiring legal practitioners, primarily aiming to become advocates, must navigate a defined
path:
• Educational Qualification: Possessing a bachelor's degree in law (LL.B.) from a
recognized university is the first step.
• Bar Council Examinations: Passing the All India Bar Examination or the relevant
State Bar Council examination demonstrates legal knowledge and competence.
• Enrollment with the Bar Council: Successful candidates get enrolled in the register
maintained by the Bar Council, officially granting them the status of advocate.
Beyond Advocates: Recognizing Specialized Roles:
While advocates constitute the core group, the Act acknowledges specialized roles within the
legal field:
• Senior Advocates: A distinguished category recognizing advocates with exceptional
experience and expertise, designated by the Supreme Court or High Courts.
• Law Officers: Government lawyers representing the state in various legal proceedings.
• Company Secretaries: Individuals authorized to handle legal matters within
companies under specific regulations.
The Framework Guiding Practice:
The Act empowers Bar Councils at the state and national levels to regulate the conduct of legal
practitioners. These bodies:
• Maintain rolls of advocates and ensure adherence to ethical codes.
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 • Conduct disciplinary proceedings and impose sanctions for professional misconduct.
• Promote legal education and continuing professional development for practitioners.
The Evolving Landscape:
The definition and role of legal practitioners under the Act are not static. Ongoing debates and
potential amendments focus on:
• Expanding the scope of practice: Exploring avenues for other qualified legal
professionals to contribute to the legal system.
• Promoting diversity and inclusion: Ensuring wider representation of diverse
communities within the legal profession.
• Addressing unauthorized practice: Combating individuals operating outside the
boundaries prescribed by the Act.
A Concluding Insight:
Understanding the concept of a legal practitioner under the Advocates Act, 1961, goes beyond
memorizing definitions. It necessitates appreciating the historical context, legal framework,
and ongoing discussions shaping the Indian legal landscape. From aspiring advocates to
experienced legal professionals, each plays a vital role in upholding the rule of law and ensuring
access to justice for all. As the legal ecosystem evolves, the interpretation and application of
"legal practitioner" will undoubtedly continue to adapt, paving the way for a more inclusive
and dynamic legal profession in India.

STATE BAR COUNCILS:

Section 3 of The Advocates Act of 1961 established the State Bar Councils as statutory
organisations to establish the laws governing the legal profession, and legal education in their
respective fields. Every state must have a bar council, which must be known as the bar council
of that state, according to Section 3 of the Advocates Act.

These were established as various councils for various states and union territories present in
India. The state bar councils also act as a representative of the advocates of the respective state.
The duties of the State Councils in each state are also outlined in Section 6 of the Advocates
Act of 1961.
Structure of the State Bar Council:
According to the Section 3 of the Advocates Act, 1961, every state must have a bar council,
which must be known as the bar council of that state, according to Section 3 of the Advocates
Act.
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 A State Bar Council shall consist of the following members:
In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India ex
officio; and in the case of any other State Bar Council, the advocate-general of that state, ex
officio.
Section 3 of the Act states that:
• If the electorate is less than 5,000, the State Bar council must have 15 members.
• If the electorate is between 5,000 and 10,000, there must be 20 members.
• If there are more than 10,000 electorate, the Bar Council will consist of 25 people.

The State Bar Council's electoral roll of Advocates is used to elect the members of the Bar
Council through a system of proportional representation using a single transferable vote. Each
Bar Council shall have a Chairman and a Vice Chairman which shall be elected in a manner
prescribed.

Functions of State Bar Councils

Section 6 of the Act lays down the important functions of a State Bar Council. They are as
follows:
State Bar Councils, established under the Advocates Act, 1961, shoulder several crucial
responsibilities. Let's delve into each function and explore its significance:
1. Admitting Advocates:
• This central function ensures only qualified individuals can practice law. State Bar
Councils assess applications, verifying educational qualifications, training
requirements, and character suitability.
• Impact: Maintains high standards for legal representation, protecting the public from
unqualified practitioners.
2. Maintaining the Roll of Advocates:
• State Bar Councils prepare and maintain an official list of enrolled
advocates, differentiating between senior and other advocates.
• Impact: Provides transparency and accountability, allowing courts and clients to verify
an advocate's credentials.

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3. Disciplinary Proceedings:
• When allegations of professional misconduct arise, State Bar Councils investigate and
conduct hearings. Depending on the severity, sanctions like reprimands, fines, or even
disbarment can be imposed.
• Impact: Upholds ethical standards, safeguarding public trust and deterring misconduct
within the profession.
4. Safeguarding Advocates' Rights:
• State Bar Councils act as advocates for their enrolled members, representing their
interests before various stakeholders like the government and Bar Council of India.
• Impact: Provides a collective voice for advocating fair treatment, reasonable fee
structures, and improved working conditions for lawyers.
5. Promoting Law Reform:
• State Bar Councils can actively participate in debates and discussions on legal
reforms, submitting recommendations to ensure relevant and updated laws.
• Impact: Contributes to a progressive legal system that adapts to changing social and
economic realities.
6. Organizing Legal Education Activities:
• State Bar Councils can organize seminars, talks, and conferences featuring eminent
jurists to promote continuous learning and skill development among advocates.
• Impact: Enhances the competence and expertise of legal professionals, leading to
better quality representation for clients.
7. Legal Aid:
• State Bar Councils can play a crucial role in providing legal aid to underprivileged
individuals who cannot afford legal representation. They can establish dedicated legal
aid clinics or collaborate with NGOs.
• Impact: Promotes access to justice for all, ensuring social equity and upholding the
constitutional guarantee of legal representation.
8. Managing Bar Council Funds:
• State Bar Councils manage their funds responsibly, investing them for sustainable
operations and fulfilling various welfare schemes for advocates.
• Impact: Ensures financial stability and allows the Bar Council to effectively carry out
its diverse functions.

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9. Conducting Elections:
• State Bar Councils organize regular elections to choose their members, ensuring
democratic representation of different segments within the legal profession.
• Impact: Promotes transparency and accountability within the Bar Council, ensuring it
responds to the needs and concerns of its members.
10. Additional Functions:
• Besides the explicitly mentioned ones, State Bar Councils can undertake various other
tasks assigned by the Advocates Act, such as visiting and inspecting law schools to
ensure they function as per prescribed standards.
Beyond this list, it's crucial to emphasize that State Bar Councils are dynamic entities
facing evolving challenges and opportunities. They must continuously adapt to:
• The growing number of advocates, requiring efficient disciplinary mechanisms.
• Ensuring diverse representation, addressing concerns about inclusion and accessibility.
• Navigating the impact of technology on legal practice and exploring how it can enhance
access to justice.
By effectively discharging their core functions and adapting to changing landscapes, State Bar
Councils can play a vital role in maintaining a vibrant and ethical legal profession in India,
ultimately serving the best interests of both advocates and the public seeking justice.

Various committees under the Advocates Act, 1961

Constitution of a special committee (Section 8A of Advocates Act, 1961)

[8A. Constitution of Special Committee in the absence of election.-- (1) Where a
State Bar Council fails to provide for the election of its members before the expiry of the term
of five years or the extended term, as the case may be, referred to in section 8, the Bar Council
of India shall, on and from the date immediately following the day of such expiry, constitute a
Special Committee consisting of--

(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of
section 3 to be the Chairman:
Provided that where there are more than one ex officio members, the senior most amongst them
shall be the Chairman; and

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(ii) two members to be nominated by the Bar Council of India from amongst advocates on the
electoral roll of the State Bar Council,
to discharge the functions of the State Bar Council until the Bar Council is constituted under
this Act.
(2) On the constitution of the Special Committee and until the State Bar Council is constituted-
-
(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;

(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any
contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;

(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter
or otherwise shall stand transferred to the Special Committee.
(3) The Special Committee constituted under sub-section (1) shall, in accordance with such
directions as the Bar Council of India may give to it in this behalf, hold elections to the State
Bar Council within a period of six months from the date of its constitution under sub-section
(1), and where, for any reason the Special Committee is not in a position to conduct election
within the said period of six months, the Bar Council of India may, for reasons to be recorded
by it in writing, extend the said period.]

Explanation using Example

Imagine that the term of the current members of the Karnataka State Bar Council is
about to end, but due to unforeseen circumstances, the elections for the new members could
not be organized. As a result, the existing council will be unable to function properly after their
term expires. To address this issue, the Bar Council of India steps in the day after the term
expires and forms a Special Committee to temporarily manage the affairs of the Karnataka
State Bar Council.
The Special Committee is made up of the most senior ex officio member of the State Bar
Council, who serves as the Chairman, and two other members who are advocates from
Karnataka and are nominated by the Bar Council of India. This Special Committee is now
responsible for managing all the assets and liabilities of the Karnataka State Bar Council.
Furthermore, any ongoing disciplinary proceedings or other matters that were previously being
handled by the Karnataka State Bar Council are now transferred to this Special Committee.
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The Special Committee is tasked with organizing elections for a new State Bar Council within
six months, ensuring that the legal profession in Karnataka continues to be regulated and
managed effectively during this interim period.

Disciplinary Committee (Section 9 of Advocates Act, 1961)

Disciplinary committee means a person or a group of people who are empowered to
hear cases and proceedings involving professional misconduct of an advocate upon a
complaint, revision or suo motu. The disciplinary committee is mainly formed to ensure that
the members of the bar council of India or the bar council of any state are maintaining
professional ethics and standards.
Constitution of the Disciplinary Committee
The Bar Council shall constitute a disciplinary committee as per Section 9 of the
Advocates Act, 1961. This section provides that the one or more disciplinary committee are
required to be formed and each of these disciplinary committee shall consist of three members.
The election of two from the three members of the disciplinary committee shall be done by the
Council from the members of the Bar Council of India itself. The third member shall be co-
elected by the Council outside of the members of the Bar Council but who shall be an advocate
and possess qualifications as prescribed in Section 3(2) of the Advocates Act, 1961. The section
further states that the senior most advocate shall be the chairman of the committee. The term
of members of this committee shall be not more than 3 years.

Powers of Disciplinary Committee

The section 42 of the Advocate’s Act, 1961 provides powers of disciplinary committee. The
section states that the disciplinary committee shall have the same powers as vested in a civil
court as per the Code of Civil Procedure, 1908 which are as follows:
• Summoning and enforcing the attendance of any person and examining him on oath.
• Requiring discovery and production of any documents.
• Receiving evidence on affidavits.
• Requisitioning any public record or copies thereof from any court or office.
• Issuing commission for the examination of witness or documents.
• Any other matter which may be prescribed.
Restricted Powers of the Disciplinary Committee

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The disciplinary committee can exercise these powers only with a prior approval of certain
authorities. These are as follows:
• Attendance of any presiding officer of a court shall be allowed only with a prior
approval of the High Court to which such court is subordinate.
• Attendance of any officer of revenue court shall be allowed only with prior approval of
the State Government.

Miscellaneous Powers
• The proceedings before the disciplinary committee shall be deemed to be judicial
proceedings.
• The disciplinary committee shall be deemed to be a civil court.
• If a chairman or any member of the disciplinary committee is unavailable on the date
fixed for hearing the matter then the disciplinary committee may if it thinks fit proceed
with the hearing and pass necessary orders provided that the order passed shall not be
the final order. The proceedings and the order passed by such a committee shall not be
invalid merely because the chairman or all three members of the disciplinary committee
were not present.
• Where the final orders cannot be made because of want of majority among the
disciplinary committee or is not in accordance with the opinion of the Chairman or the
members of the disciplinary committee then such matter or case shall be placed before
the Chairman of the Bar Council. If the Chairman of the Bar Council is acting as the
chairman of the disciplinary committee, then the case shall be placed before the Vice
Chairman of the Bar Council. After hearing the case, the Vice Chairman shall deliver
his opinion and the disciplinary committee shall follow such final order.
• The disciplinary committee also has the power to impose costs of proceedings as it may
deem fit and such order shall be executable as if it were the orders of High Court or
Supreme Court.
• The disciplinary committee also has the power to review its own orders under section
44 of the Advocates Act, 1961.

Case Laws:
Allahabad Bank Vs. Girish Prasad Verma3

3
Tr. Case No. 49/1993

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Facts: A complaint was lodged by the Allahabad Bank against its advocate Girish Verma stating
that the advocate was given 52 suits for filing and accordingly paid him the requisite court fee
that was required for the same. The Advocate Girish Verma filed 50 out of 52 suits and
misappropriated the court fees paid to him for the remaining 2 suits.
Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the advocate had
misappropriated the court fee paid to him by the complainant and hence ordered for striking
off the advocates name from the roll of Uttar Pradesh Bar Council. It further held that “The
legal profession is a noble profession and its members must set an example of conduct worthy
of emulation.”
V. C. Rangadurai Vs. D. Gopalan4
Facts: The advocate Mr. V.C. Rangadurai did not disclose conflicting interest to his client and
kept him in dark. By doing this the advocate deceived his client who had placed his trust with
him. The disciplinary committee found the advocate guilty and suspended him for a period of
six years. The same order was challenged in the Supreme Court.
Held: The Supreme Court of India upheld the order passed by the disciplinary committee as
there was no doubt regarding the advocates misconducts but reduced the punishment from six
years to one year.
Rajendra Pai Vs. Alex Fernandes5
Facts: In a land acquisition matter the advocate along with 150 villagers filed a complaint. The
advocate too was an interested party in the class action suit. The matter was settled and a
compensation was given to the complainants. The advocate identified some claimants in
opening a bank account wherein the amount of compensation was drawn. The said amount was
withdrawn upon false identification. The disciplinary committee held that advocates name from
the State roll and Bar Council of India shall be removed permanently.
Held: The order was then challenged in the Supreme Court wherein the disciplinary
committee’s order was slightly modified. The Supreme Court was of the opinion that the
punishment given was quite disproportionate to the facts and circumstances. It further stated
that “Debarring a person from pursuing his career for his life is an extreme punishment and
calls for caution and circumspection before being passed”. It reduced the punishment and
directed that the advocate shall be suspended for a period of seven years.
Joginder Singh vs Bar Council Of India6

4
1979 SCR (1) 1054
5
AIR 2002 SC 1808
6
AIR 1975 Delhi 192

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Facts: In the present matter the advocate was convicted under section 473 of IPC. There were
various other criminal proceedings pending and that the advocate Mr. Joginder Singh was out
on bail. All these facts were concealed by him while entering his name in the state bar roll.
When the advocate filed an application to the Bar Council of India to transfer his name from
U.P. Bar Council to Bar Council of Delhi the Bar Council of India learnt about such
concealment and issued a notice for striking of the advocate’s name. The disciplinary
committee passed an order of barring the advocate from practicing in any court and removed
his name from the roll.
Held: The advocate being aggrieved by the order of the bar council appealed in the Delhi High
Court. The Delhi High Court was of the opinion that there was no interference required in the
said matter as the order passed by the bar council was in accordance with the evidence, facts
and circumstances. Thus, the appeal was rejected and the order of the disciplinary committee
was upheld.
John D’Souza vs Edward Ani 1994 AIR 9757
Facts: Mrs. Mary Raymond was a client of the appellant and had got her will drafted by him.
She further kept the will in the appellant’s custody itself for execution. Mrs. Mary Raymond
had appointed her husband as the executor of the will but unfortunately her husband passed
away in the year 1974. Hence, she wished to make changes in the previous will and register a
new one. Upon demanding the same, the appellant did not return the same. Mrs. Mary
Raymond sent two letters claiming her previous will back but both her letters were ignored.
Therefore, she was compelled to make an another will with Mr. George DaCosta. Even Mr.
George DaCosta asked the appellant to return his client’s previous will that was in his custody
to which the appellant blatantly denied and said that he does not have any will with him. Later,
after Mrs. Mary Raymond’s death her son-in-law filed a complaint in the State bar council
against the advocate i.e. the appellant. The said complaint was dismissed. An order or revision
was obtained by the complainant and the matter was again placed before the state bar council
who again dismissed the complaint stating there was no misconduct committed by the
advocate. Aggrieved by such an order the complainant filed an appeal before the Bar Council
of India who set aside the State Bar Council’s order and suspended the Advocate for a period
of one year.
Held: On being aggrieved by such an order the advocate Mr. John D’Souza filed an appeal
before the Supreme Court of India. After hearing the matter in detail, the Supreme Court was

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1994 AIR 975

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of the opinion that there was no evidence to prove that the will was returned upon the demands
made and that the advocate had no right to withhold the will instead it was his duty to return
the same when asked as the will was placed in his hands with the trust of his client. Hence, the
order of the disciplinary committee of the Bar Council Of India was upheld.

The advocates play a significant role in the Judicial system. One relies on them
completely by setting their complete trust. It is important for an advocate to discharge it’s
responsibilities in a precise and efficient manner. Being in the legal profession and a officer of
the court, an advocate is required to maintain high standards and uphold the dignity of the
judicial office. Any misconduct of an advocate shall not be tolerable as this shall affect the trust
and attitude of the people towards the judicial environment. In order to ensure that such
irresponsible and irrational behaviour does not go unpunished a disciplinary committee has
been set up and given powers to conduct such matters involving fraud, misconduct and cheating
committed by an advocate towards his own client.

Legal Aid Committee (Section 9A of Advocates Act, 1961)

A Bar Council may constitute one or more legal aid committees each of which shall
consist of such number of members, not exceeding nine but not less than five, as may be
prescribed.
The qualifications, the method of selection and the term of office of the members of a legal aid
committee shall be such as may be prescribed.
Explanation using Example
Imagine a scenario where the Bar Council of a state recognizes the need to provide legal
assistance to individuals who cannot afford legal services. To address this, they decide to establish a
legal aid committee as per Section 9A of The Advocates Act, 1961. They determine that the committee
will consist of seven members, which is within the range of five to nine members as required by the
Act.
The Bar Council then outlines the qualifications for the committee members, ensuring they have
experience in legal aid work. They also establish a transparent selection process for these members and
set their term of office to three years. This committee then works to offer legal advice and representation
to underprivileged individuals, thereby fulfilling the purpose of Section 9A.

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Various other committees

The State Bar Council and the Bar Council of India are given authority under Section 10. The
following committees must be formed by the State Bar Council:
1. An executive committee is composed of five council members that are elected by the
council.
2. An enrollment committee shall consist of three people chosen by the council from
among its members.
Other committees like;

• Legal Education Committees:

Recognizing the importance of quality legal education, State Bar Councils and the Bar Council
of India can form legal education committees.
These committees advise on matters related to law school curriculum, faculty development,
and accreditation standards.
They contribute to maintaining high standards of legal education and fostering a competent
legal workforce.
• Rules Committees:
Both State Bar Councils and the Bar Council of India can have rules committees
responsible for drafting and amending rules governing their functioning and the conduct of
advocates.
These committees ensure coherence and clarity in the regulatory framework, contributing to
efficient administration and upholding ethical standards.
• Finance Committees:

State Bar Councils and the Bar Council of India often establish finance committees to oversee
their financial affairs.
These committees manage budgets, investments, and expenditures, ensuring responsible
resource allocation and financial sustainability of the councils.
• Welfare Committees:

Some State Bar Councils may have welfare committees focusing on the well-being of their
enrolled advocates.

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These committees may provide financial assistance, medical insurance schemes, or other
support services to advocates facing financial hardship or health issues.
• Library Committees:

Maintaining and developing comprehensive law libraries is crucial for legal research and
professional development. Some State Bar Councils and the Bar Council of India may have
library committees dedicated to this task.
These committees acquire legal resources, manage library facilities, and promote their use
among advocates.
• Public Relations Committees:

Building a positive public image and fostering trust in the legal profession are vital concerns.
Some State Bar Councils and the Bar Council of India may have public relations committees.
These committees undertake outreach initiatives, engage with the media, and address public
concerns regarding the legal system.
It's important to remember that this list is not exhaustive, and the specific committees
established by each State Bar Council or the Bar Council of India may vary depending on their
specific needs and priorities. These committees play a crucial role in supplementing the core
functions of these bodies, addressing diverse concerns within the legal profession and
contributing to its overall well-being and development.

Admission And Enrollment Of An Advocate

Being an advocate is always a popular profession among the youth. A profession of law
empowers not only the person who pursue law but also the society at large. An advocate is
responsible in the court of law to bring justice to the victim. An advocate plays a crucial role
in the judiciary system.

LL.B (Bachelor’s Degree In Law)

In the 21st century, the profession of law still prevails over other professions among youth
when it comes to professional courses. Students after completing their Higher Secondary
Certificate (HSC) exam can opt for an integrated course in law. The integrated course in law is
a 5-years program. On the contrary, after graduation students can pursue a 3-years LL.B
program to become an advocate.

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The profession of law is one of the most desirable professions in the country. Students are
willing to begin their careers in law from the prestigious institutes in the country. Students are
admitted to the premium law colleges or universities through national level examinations such
as Common Law Admission Test (CLAT), All India Law Entrance Test (AILET), State
Common Entrance Test for Law (MAH LL.B), and other state level entrance tests. The level
of competition is decent for admission to the premium law colleges, but limited seats are not
sufficient to accommodate all the law aspirants.

Registration In State Bar Council

The ultimate challenge before becoming an advocate is to enroll in the state Bar Council. The
registration in the State Bar Council is regulated under Advocate Act, 1961. The registration is
followed by the All India Bar Examination (AIBE) conducted by the Bar Council of India
(BCI). The candidate was awarded the Certificate of Practice upon clearing the AIBE. The
registration process in the State Bar Council varies from state to state.

Advocates Act, 1961

Advocates Act, 1961 was enforced on 16th August 1961 to integrate and constitute one class
of legal practitioners called ‘Advocates’. Advocates Act, 1961 replaced the Indian Bar Councils
Act, 1926, and endorsed 14th Law Commission Report to implement the recommendation of
the All India Bar Committee.
Advocates Act, 1961 provides a legal framework and guidelines for legal practitioners. It aims
to prescribe uniform qualifications for the Bar enrollment. It directs to establish the All India
Bar Council and State Bar Councils. Its objective is to offer standard methods for registration
with State Bar Councils and provide credentials required to practice in the court. It also
provides the rights and duties of an advocate towards client or a court.

Admission And Enrollment Of An Advocate

The provisions for admission and enrollment of an advocate are mentioned in Chapter III of
the Advocates Act, 1961. Section 24 of the Advocates Act, 1961 provides the qualification and
rules. These provisions shall be required to get admitted as an advocate on the State roll.
A person who wants to enroll as an advocate needs to qualify some requirements under
Advocates Act, 1961. The qualifications are as follows:
1. The person must be a citizen of India
2. The person must complete the age of 21 years.
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 3. The person must obtain a law degree.
4. The person has to fulfill the other requirements and conditions specified in the rules
made by the State Bar Council.
5. The person has to pay the required stamp duty fees chargeable under the Indian Stamp
Act, 1989 for enrollment. The enrollment fee is payable to the State Bar Council by
Bank Draft was drawn in favor of the State Bar Council.
After completing the due registration, a person is enrolled with State Bar Council and allowed
to practice as an advocate provisionally for two years. Within two years, an Advocate enrolled
with State Bar Council needs to clear the All India Bar Examination (AIBE) conducted by the
Bar Council of India. The AIBE is conducted bi-annually (twice a year). The Bar Council of
India is authorized to decide the time and the place to conduct the examination. Once an
advocate clears the AIBE examination, he is entitled to practice before any court of law in
India.

Disqualification Of An Advocate
A person registered with the Bar Council as an advocate is subjected to disqualification from
the Bar. The provisions of disqualification ensure the decorum and discipline among the
advocates. It also ensures professional ethics in the profession of law and code of conduct in
the court. Section 24(A) of the Advocates Act, 1961 provides the provisions for disqualification
of an advocate. A person shall not be admitted as an advocate under the following conditions.
1. A person is a convict for an offense involving immorality.
2. A person is a convict for an offense under the untouchable (Offence) Act, 1955.
3. A person is dismissed or removed from employment or service under the State
Government on any charge involving immorality.

Bar Council Of India

Bar Council of India (BCI) is a statutory body established by the Parliament under Section 4
of the Advocates Act, 1961. BCI is an apex body that regulates legal practices and legal
education in India. Bar Council of India organizes free legal aid to the poor. It also recognizes
foreign qualifications in law obtained for admission as an advocate in India. It also recognizes
law universities and colleges to impart legal education in the Country to aspiring law students.
BCI supports new reforms in the Indian Legal System to deliver justice to the aggrieved. BCI
acts as a guardian and safeguards the interest of advocates. BCI of India has several committees

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to deal with specific subjects such as the legal aid committee, executive committee, AIBE
committee, etc.

Indian constitution is a mixture of one of the best systems adopted from various
countries. The makers of the Indian Constitution prudently adopted provisions from different
countries which offer optimum utilization and convenience to the Indians. The admission and
enrollment of Advocates is not a cakewalk but the consistent endurance of a law graduate.
Remember, it said that the profession of law is one of the most respected professions in the
world. The amount of effort it requires is worth its value.

Senior Advocates Section 16 Advocate Act, 1961

Misconduct and punishment for misconduct troll shall be altered accordingly. The rules
framed by the Bar Council of India in the exercise of its power under section 49(1)(g) 0f the
Advocates Act are also notable. Chapter I of Part VI of the Rules of Bar Council of India makes
provisions in relation to the senior advocates. The provisions of these rules may be summed up
as follows:

In the matter of their practice, a senior advocate shall not file a vakalatnama or act in any court
or Tribunal or before any person or authority mentioned in Section 30 of the Advocates Act.
Explanation to the rule makes it clear that ‘to act’ means to file an appearance or any pleading
or application in any Court or Tribunal or before any person or other authority mentioned in
section 30 of the Act or to do any act other than pleading required or authorised by law to be
done by a party in such courts or Tribunal or before any person or other authority mentioned in
the said section either in person or by his recognised agent or by an advocate or an attorney on
his behalf.

The rule provides further that a senior advocate shall not appear without an advocate on record
in the Supreme Court or without an advocate in Part II of the State Roll in any Court or Tribunal
or before any person or other authorities mentioned in Section 30 of the Act. Where a senior
advocate has been engaged prior to the coming into force of the rules, he shall not continue
thereafter, unless an advocate in Part II of the State Roll is engaged along with him, provided
that a senior advocate may continue to appear without an advocate in Part II of the State Roll
in case which he had been briefed to appear for the prosecution or the defence in a criminal
case, if he was so briefed before he is designated as a senior advocate or before coming in the
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operation of the rules, as the case may be.

Besides, a senior advocate shall not accept instructions to draft pleading or affidavits, advice
on evidence or to do any drafting work of an analogous kind in any Court or Tribunal or before
any person or other authority mentioned in Section 80 of the Act or undertake conveyancing
work of any kind whatsoever.
This restriction shall not extend to settle any such matter as aforesaid in consultation with an
advocate in Part .II of the State Roll.

The rule provides further that a senior advocate be free to make concessions or give
undertakings in the course of arguments on behalf of his clients on instructions from the junior
advocates. A senior advocate may in recognition of the services rendered by an advocate in
Part II of the State Roll appearing in any matter pay him a fee which he considers reasonable.
The rule provides that a senior advocate who had acted as an advocate (junior) in a case cannot,
after he has been designated as a senior advocate, advice on grounds of appeal in a court of
appeal or in the Supreme Court, except with an advocate as aforesaid. It has also been provided
that a senior advocate shall not accept directly from a client any brief or instructions to appear
in any Court or Tribunal or before any person or other authority in India.

Features of Senior Advocate

Section 16 of the Advocates Act, 1961 states that there shall be two classes of advocates,
namely, senior advocates and other advocates. A lawyer, with his consent, may be designated
as senior advocate if the Supreme Court or a High Court is of that opinion that by virtue of his
ability, standing at the Bar or special knowledge or experience in law, he is deserving of such
distinction.

Collaboration:
Capability or ability to show your talent to multi-party work environment and this process
shows your talent of working well in a team as well as it sets a collective contribution so as to
satisfy the client. The main aim is to settle the ego and positions of each other to reach the
maximum outcome.

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Proper Time Management:

Law demands hard work and hard work needs time and with that it also needs to prioritise their
work, task and also delegate the work.

Credibility:

Credibility is based on trust. The keystone of you career is built on this level of trust with your
colleagues, clients, judges and sometimes even opposing counsel. But this quality or a trait
which is not by birth but it is earned with time. The only effective way to build your career is
trust and human interaction is a way to maintain it or destroy it. In this profession, one should
be a man of words.

Confidence:

Both personal and professional confidence is needed to become a senior advocate as analysing
power of your decision time, advantages and disadvantages should be high. Confidence can be
seen within yourself and it defines you as you walk and talk. Even your gestures play a major
role.

Attention to detail:

While drafting any paper, misplace of single word can convert the meaning of the sentence. An
advocate must have an accurate approach towards their work. Any mistake application can lead
to rejection of your application.

Experience:

Experience speaks. With your practise experience comes. It is one of the traits that a senior
advocate has and through this experience an advocate can handle all the cases, circumstances
and even all the unwanted situations. His handling power becomes prominent with comparison
to others.

Logical Thinking:

A good lawyer always keeps his personal life separate from professional life and they usually
are not emotional. But they need to understand the feelings of the other person and apprehend
their issues. This trait is very important your personality. Your ability is tested when you can
think in any circumstances or situations without even consulting your associates and then

26
present that case in your favour in a reasonable or logical manner so as to win your case. Never
take your opposite counsel personally because it’s about your client not about you and always
be harmonious even with opposite counsel also.

Self control:

Whether your case is on a negative track or a positive track control on emotions, expression
and thoughts is also essential. You always need to think before you speak. If words are
beneficial they can be harmful too.

Stability:

A senior lawyer always have a stability in this thoughts as well as in his career. He can tackle
every situation in a peaceful manner and have a conversation calmly without any aggression.
Stability and maturity in professional or personal life comes with experience.

Senior Advocates And other Advocates

1. A senior advocate in general is based and judged on age and experience of a particular
legal profession. It is also defined in Advocates Act as stated above. While a junior
lawyer lacks experience and does not have much idea of how to tackle things and go
around with them.

2. Senior advocate has to follow a separate code of conduct. It is different from other
lawyers.

3. General people see an aged lawyer with good practice and experience as a ‘senior
lawyer’ while a fresh lawyer needs to learn so many things from the senior lawyer and
had to grasp some skills.

4. Devotion and years of practice is the key behind the success of a senior lawyer while a
junior lawyer lacks this skill and quality.

5. Senior advocates are prohibited from doing some kind of legal work like drafting, etc
while junior advocates have no such prohibition.

6. The status of senior lawyer is designated to them by the Supreme Court or High Court
on the basis of merit and seniority.

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 7. The court can give this status to any advocate but with their consent if it is in the opinion
because of his ability or special knowledge in law.

8. A saving provision has been laid down with respect to the advocates who are right now
senior advocates and who will continue to enjoy the status of senior

9. A senior advocate is prohibited or banned from accepting some kind of legal work. For
e.g. drafting, draw pleadings or affidavits,

10. A senior advocate is not permitted to appear without an Advocate-on-record or without

any junior.

11. A senior cannot file any pleading or represent his client neither can draft an application
by his own handwriting.

But this does not mean that it gives special favour or does any discrimination and if it does then
it will violate Article 14 that is equality and Article 18 conferment of any title of the
constitution.

Advocate-on-Record Supreme Court of India:

An Advocate-on-Record (AOR) is a legal professional who is qualified to practice before the

Supreme Court of India. AORs are responsible for filing and representing matters before the
Court, and they also play a vital role in assisting the Court in its functioning.

To become an AOR, one must pass an examination conducted by the Supreme Court. The
examination is very competitive and covers a wide range of topics, including constitutional
law, civil law, criminal law, and procedural law.

Once qualified, AORs are registered with the Supreme Court and are assigned a unique code.
They are also required to maintain a chambers at the Supreme Court premises.

AORs play a vital role in the Indian legal system. They are responsible for ensuring that the
Supreme Court functions smoothly and efficiently. They also play an important role in
protecting the rights of their clients and ensuring that they have access to justice.

Here are some of the specific duties and responsibilities of AORs:

• Filing and representing matters before the Supreme Court

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 • Assisting the Supreme Court in its functioning by providing information and advice

• Advising and representing clients on legal matters

• Preparing and drafting legal documents

• Appearing before the Supreme Court on behalf of their clients

AORs are highly skilled and experienced legal professionals who play a vital role in the Indian
legal system. They are responsible for ensuring that the Supreme Court functions smoothly and
efficiently, and they also play an important role in protecting the rights of their clients and
ensuring that they have access to justice.

Advocate-on-Record Supreme Court of India

An Advocate-on-Record (AOR) in the Supreme Court of India is a legal practitioner who is

registered and recognized by the Supreme Court to file and manage cases on behalf of clients.
AORs play a crucial role in the legal proceedings of the Supreme Court. Here are some key
points about Advocates-on-Record in the Supreme Court of India:

1. Registration: To become an Advocate-on-Record, one must meet specific eligibility

criteria and undergo a registration process with the Supreme Court of India.

2. Eligibility: To be eligible for registration as an AOR, a person should have practiced for
a minimum of four years at the bar and should have cleared the Supreme Court AOR
examination, which is conducted by the Supreme Court itself.

3. Rights and Responsibilities: AORs have the exclusive right to file and manage cases in
the Supreme Court. They are responsible for drafting and filing petitions, applications,
and other legal documents, as well as representing clients in various matters before the
Court.

4. Expertise: Advocates-on-Record are typically well-versed in Supreme Court rules and

procedures and have extensive experience in dealing with the Court's processes and
requirements.

5. Advocate-on-Record Exam: The AOR examination is a competitive and rigorous test

that aspiring AORs must pass. It typically consists of written and practical exams,
which evaluate the candidates' knowledge of court procedures and drafting skills.

29
 6. Client Representation: AORs are often hired by clients who wish to file or defend cases
in the Supreme Court. They play a critical role in ensuring that all necessary documents
and procedures are followed accurately.

7. Importance: The role of an AOR is significant in the Indian legal system, as they are
instrumental in initiating and pursuing legal actions in the Supreme Court, which is the
highest judicial authority in India.

Becoming an Advocate-on-Record in the Supreme Court of India is a prestigious and

demanding endeavor, and it requires a deep understanding of the court's practices and a high
level of expertise in legal matters. AORs serve as a bridge between clients and the Supreme
Court, helping individuals and organizations navigate the complex legal processes in the
highest court of the land.

Advocate-on-Record Supreme Court of India

Advocate-on-Record Eligibility Criteria

The Supreme Court of India has prescribed the following Advocate on Record eligibility
criteria:

• The candidate must have practised for four years as an advocate.

• And thereafter has to intimate to the Supreme Court that, he or she has started taking
training with a senior advocate on the record because he or she intends to become an
Advocate-on-record.

• After the expiry of one year’s training, the advocate has to appear for an examination
conducted by the Supreme Court itself.

• After an advocate passes this examination, he or she must have a registered office
within a radius of 10 miles from the Supreme Court building and a registered clerk. It
is after this that the Chamber Judge of the Supreme Court accepts him as Advocate on
Record Supreme Court.

CONCLUSION
The Supporter Demonstration of 1961 holds a significant spot in India since it frames
rules and decides that any individual who is enlisted as a promoter should follow. The

30
Demonstration additionally rebuffs them assuming they commit any offense or abuse any
regulation. It holds advocates under tight restraints and the overall set of laws moving along as
expected. The Demonstration accommodates the elements of the State Bar Chamber and the
Bar Board of India, alongside specific powers delivered to them. It likewise concedes a
supporter obligations, for example, the option to practice and deliver administrations to the
client, meet their client in prison, and meet the client in prison without any limitations. The
promoters ought to just be owned up to the State Bar Gathering once. The client should not be
a direct relation or relative of the backer.

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REFERENCES:
• The Advocates Act, 1961
• Books:
o "The Advocates Act, 1961" by M.P. Jain
o "The Law of Advocates" by P.B. Gajendragadkar
o "The Advocates Act, 1961: A Commentary" by Avadh Behari
• Websites:
o The website of the Bar Council of India: https://www.barcouncilofindia.org/
o The website of the Ministry of Law and Justice, Government of
India: https://lawmin.gov.in/

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