THE ADVOCATES ACT, 1961

The legal profession as it exists today was created and

developed during the British period.

However, it is notable that in earlier days of the British period

the legal profession was not paid due attention and it was not
well organized.

Actually the east India Company was not interested in

organizing the legal profession. There was no uniform judicial
system in the settlements of the east India Company.

After introduction of so many charters by the company it

enacted The Indian High Courts Act, 1861 (commonly known as
the Charter Act) passed by the British Parliament enabled the
Crown to establish High Courts in India by Letters Patent 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 Bar Councils Act, 1926.

Legal Practitioners Act, 1879 came into force with effect

from 1st January, 1880. In 1879, the legal 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
high court and pleader, Mukhtar or revenue agent. All these
were brought under the jurisdiction of high court.

A Person who is qualified to be pleader / vakil / muktas has to

appear for examination and after obtaining the certificate he /
she may apply under Sec. 7 of the Legal Practitioners Act and
Register their name in any Court or Revenue Office 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 shall 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

control over Pleaders / Vakils / muktas by suspending /
dismissal / by withdrawing the certificate granted by it.

The Indian Bar Council Act 1926 came into force with
effect from 9.9.1926. The main object of the act was to provide
for the constitution and incorporation of bar councils for
certain courts, to confer powers and impose duties on such
councils and also to consolidate and amend the law relating to
the legal practitioners of such courts.
As per Sec. 4(1), every Bar Council shall consist of 15 Members,
one shall be the Advocate General, 4 shall be persons
nominated by High Court of whom not more than 2 may be
judges of High Court and 10 shall be elected by the Advocates
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 admission as an Advocate he/she has to undergo One year

Apprentice training with any senior advocate and he has to
issue certificate that training period is completed successfully.

After Independence it was deeply felt that the Judicial

Administration in India should be changed according to the
needs of the time. The Law Commission was assigned the job of
preparing a report on the Reform of Judicial Administration. In
the mean while the All India Bar Committee went into detail of
the matter and made its recommendations in 1953. To
implement the recommendations of the All India Bar
Committee and after taking into account the recommendations
of the Law Commission on the subject of Reform of Judicial
Administration in so far 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
and it received the assent of the President on 19the May,1961
and it become The Advocates Act,1961 (25 of 1961).

The main salient features of this Bar Council is to enroll the

candidates who have obtained law degree, disciplinary control
over the advocates, to promote legal education to junior
advocates and provide financial assistance to the Advocates on
medical ground and also the bereaved family of the Advocates.

Objective of the Act

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 knows 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.

The Bill, being a comprehensive measure, repeals the Indian

Bar Council Act, 1926, and all other laws on the subject.