Law relating to legal practitioners (advocates) and to constitute State Bar Councils and an All-India Bar (Bar Council of India).
Advocates Act, 1961
Act No. 25 of 1961
[19th May, 1961]
An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:—
Statement of Objects and Reasons.—The Bill seeks to implement the recommendations of the All India Bar Committee made in 1953, after taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendations relate to the Bar and to legal education.
The main features of the Bill are,—
(1) The establishment of an All India Bar Council and a common roll of advocates, and advocate on the common roll having a right to practice in any part of the country and in any Court, including the Supreme Court;
(2) The integration of the bar into a single class of legal practitioners known as advocates;
(3) The prescription of a uniform qualification for the admission of persons to be advocates;
(4) The division of advocates into senior advocates and other advocates based on merit;
(5) The creation of autonomous Bar Councils, one for the whole of India and on for each State.
Following the recommendations of the All India Bar Committee and the Law Commission, the Bill recognised the continued existence of the system known as the dual system now prevailing in the High Court of Calcutta and Bombay, by making suitable provisions in that behalf. It would, however, be open to the two High Courts, if they so desire, to discontinue this system at any time.
The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other laws on the subject.
Chapter I
PRELIMINARY
1. Short title, extent and commencement.
1. Short title, extent and commencement.—(1) This Act may be called the Advocates Act, 1961.
[i][(2) It extends to the whole of India.]
(3) It [ii][shall, in relation to the territories other than those referred to in sub-section (4), 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.
[iii][(4) This Act shall, in relation to the State of Jammu and Kashmir and the Union Territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.]
2. Definitions.
2. Definitions.—[iv][(1)] In this Act, unless the context otherwise requires,—
(a) “advocate” means an advocate entered in any roll under the provisions of this Act;
(b) “appointed day”, in relation to any provision of this Act, means the day on which that provision comes into force;
(c) [v][* * *]
(d) “Bar Council” means a Bar Council constituted under this Act;
(e) “Bar Council of India” means the Bar Council constituted under Section 4 for the territories to which this Act extends;
(f) [vi][* * *]
(g) “High Court”, except in sub-section (1) [vii][and sub-section (1-A)] of Section 34 and in Sections 42 and 43, does not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,—
(i) in the case of a Bar Council constituted for a State or for a State and one or more Union Territories, the High Court for the State;
(ii) in the case of the Bar Council constituted for Delhi, [viii][the High Court of Delhi];
(h) “law graduate” means a person who has obtained a bachelor’s degree in law from any University established by law in India;
(i) “legal practitioner” means an advocate [ix][or vakil] of any High Court, a pleader, mukhtar or revenue agent;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “roll” means a roll of advocates prepared and maintained under this Act;
(l) “State” does not include a Union Territory;
(m) “State Bar Council” means a Bar Council constituted under Section 3;
(n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under Section 17.
[x][(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or in the Union Territory of Goa, Daman and Diu, shall, in relation to that State or that Territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be.]
References
[i] Substituted by Act, 60 of 1973, S. 2, for sub-section (2) (w.e.f. 31-1-1974).
[ii] Substituted by S. 2 of Act, 60 of 1973, for “shall come into force” w.e.f. 31-1-1974.
[iii] Inserted by Act, 60 of 1973, S. 2 (w.e.f. 31-1-1974).
[iv] S. 2 renumbered as sub-section (1) of that section by Act, 60 of 1973, S. 3 (w.e.f. 31-1-1974).
[v] Omitted by Act, 107 of 1976, S. 2 (w.e.f. 15-10-1976).
[vi] Omitted by Act, 107 of 1976, S. 3 (w.e.f. 31-1-1974).
[vii] Inserted by Act, 60 of 1973, S. 3 (w.e.f. 31-1-1974).
[viii] Substituted by Act, 60 of 1973, S. 3, for “the High Court of Punjab” (w.e.f. 31-1-1974).
[ix] Substituted by Act, 107 of 1976, S. 2 (w.e.f. 15-10-1976).
[x] Inserted by Act, 60 of 1973, S. 3 (w.e.f. 31-1-1974).
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