Civil Services Prep

Prelims 2022 · Polity and Constitution · Question 12

With reference to India, consider the following statements: 1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates. 2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

2 only

Statement 1: Incorrect. Under the Advocates Act, 1961, advocates include law officers if they are enrolled and entitled to practice; the Supreme Court has also held that salaried corporate lawyers can be advocates if they do not plead in court but remain on rolls. Patent agents/attorneys are not automatically advocates unless separately enrolled. So the statement is overbroad and wrong.

Statement 2: Correct. The Bar Council of India has statutory power under the Advocates Act to prescribe standards of legal education and to recognize law degrees/law colleges for enrolment as advocates.

Therefore, only Statement 2 is correct.

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