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. 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. . 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 nd 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
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; 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 based on merit; 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.