INTRODUCTION

Knowledge of law makes one to understand about the public affairs. In olden
days, during the period of the rule of kings, law was imbedded in their ethics and
religion of morals and values. They were governed by laws in terms of dharma.
We all are governed by the divine power called the rule of law. In those days,
the laws promulgated by the kings who are consider as the safeguard of law in
that society, would directly reached the people. But later on some interruptions
took place which results in so many invaders in our country. Then came the
British rule, govern us for more than 300 years, made some laws to govern us.
Some of them are

THE ADVOCATES ACT, 1961

This Act furnished fully what the advocates, vakils enrolled in the bar should do
and should not do. A statutory body, The Bar Council of India, was created by
the parliament under this act. It is to regulate and represent the Indian bar. The
lawyers are those who assist the courts to give a correct judgment. Since people
seek for the lawyers thinking that they might get justice through their advocacy
skill. Hence there is a chance for the lawyers to do some wrong or to conclude
the judgment in injustice manner by their advocacy skill for the want of their
name fame, money and the like.
To avoid such things and to regulate them an a right manner and also to have
just and fair law, this act was introduced. It entirely covers about the bar council
of both the state and the centre , its functions , constitution and also about the
committee organized by it.
Let us see it briefly.

STATE BAR COUNCIL

Under the Bar Councils Act, 1926 the High Court of a State had to prepare and
maintain the roll of Advocates. Under this Act of 1961, State Bar Councils are
empowered to prepare and maintain such roll. Section 3 of this Act provides the
following members, namely:a) In the case of the State Bar Council of Delhi, the Additional Solicitor General
of India ex officio 3[in the case of the State Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura, the Advocate General of each of the State of
Assam, Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the case of the
State Bar Council of Punjab and Haryana, the Advocate-General of each of the
State of Punjab and Haryana, ex officio; and in the case of any other State Bar

Council, the Advocate-General of the State, ex officio

BAR COUNCIL OF INDIA

The All India Bar Committee has suggested that each S.B.C. should send one
representative to the A.I.B.C. and where there are more than one thousand
Advocates on the role of S.P.C ,it should be entitled to one additional
representative however the legislative accepted the provision for representation
of S.B.C. on the B.C.I. by one member only as it was not felt proper to make
distinction between states in which a large number of persons had joined
the legal profession and those in which a number of Advocates was small.
However, under section 4(1) of the Advocates Act.1961 a S.B.C. is competent to
make a rule providing for a vote of no confidence against a member of the
S.B.C. elected to the S.B.C.in Bar Council of Kerala. v. Thankappan pillai , the
respondent Thankappan

COMMITTEE

The Bar Council of India has various committees that make recommendations to
the Council. The members of these committees are elected from amongst the
members of the Council

STANDARD OF PROFESSIONAL CONDUCTS AND ETIQUETTE

An advocate shall, at all time, comport, himself in a manner befitting his status
as an officer of the Court, a privileged member of the community, and a
gentleman, bearing in mind that what may be lawful and moral for a person who
is not a member of the Bar, or for a member of the Bar in his non-professional
capacity may still be improper for an Advocate. Without prejudice to the
generality of the foregoing obligation, an Advocate shall fearlessly uphold the
interests of his client and in his conduct conform to the rules hereinafter
mentioned both in letter and in spirit. The rules hereafter mentioned
contain canons of conduct and etiquette adopted as general guides; yet the
specific mention thereof shall be constructed as denial of the existence of other
equally imperative though not specifically mentioned.

A NOTE OF CAUTION RESTRICTION OTHER EMPLOYMENT

An Advocate shall not personally engage in any business; but he may be a

sleeping partner in a firm doing business provided that in the opinion of the
appropriate State Bar Council, the nature of the business is not inconsistent with
the dignity of the profession.
48. An Advocate may be Director or Chairman of the Board of Directors of a
Company with or without any ordinarily sitting fee, provided none of his duties
are of an executive character. An Advocate shall not be a Managing Director or a
Secretary of any Company.
49. An Advocate shall not be a full-time salaried employee of any person,
government, firm, corporation or concern, so long as he continues to practice,
and shall, on taking up any such employment, intimate the fact to the Bar
Council on whose roll his name appears and shall thereupon cease to practice as
an advocate so long as he continues in such employment.
50. An Advocate who has inherited, or succeeded by survivorship to a family
business may continue it, but may not personally participate in the
management, thereof. He may continue to hold a share with other in any
business which has descended to him by survivorship of inheritance or by will,
provided he does not personally participate in the management thereof.
51. An Advocate may review Parliamentary Bills for remuneration, edit legal text
books at a salary, do presetting for newspaper, coach pupils
for legal examination, set and examine question papers; and subject to the rules
against advertising and full-time employment, engage in broadcasting,
journalism, lecturing and teaching subjects, both legal and non- legal.

CONCLUSION

The Advocates Act, 1961 was framed with a view to amend and consolidate the
law relating to legal practitioners and also to provide constitution of Bar
Councils. It incorporates the principle of Natural Justice. Various amendments
were made time to time to fulfill the nature and habitant of law enforced in the
environment. By means of this act, legal practitioners were get legal support on
their profession. This act is enacted also to make provision for
the establishment of State Bar Council and Bar Council of India.
These councils has their own functions to be enrolled in its parts and also has
separate powers through which they can regulate the functioning
of legal practitioners. As there are various defects in the act provided as before,
this was evolved. Eventhough there is even some disfavor of this act. In case of
the legal practitioners are contempt by the professional misconduct, they are
punished. But howfor the punishment reduces the misconduct are detectable.
Constitution of the councils and the committees are also made according to the

provisions enacted in the act. These members were constituted for a time as
prescribed in the act. It differs for each of the members. They also work
efficiently to empower legal education in India. They had amended many things
which fuitfully helps.
Numerous committees were found under this act for various department. These
committees by seperating their area of functioning will do ours accordingly. Here
one will not interfere in other committees duty. They execute their duty
according to the rules enacted in the respective rules of both the State Bar
Council and Bar Council od Indias rule.
The Advocates Act, 1961 is relates to the art of advocacy. This act helps a lawyer
to become a successful lawyer. It prescribes the legal practitioners what to do
and what not do. It teaches them how to deal the advocacy in the pure hand.
This act only gives the advocate, the right to practise in the courts.
Reference: http://seminarprojects.com/Thread-an-overview-of-advocates-act1961#ixzz45SUUldbK