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 insofar as the recommendations relate to the Bar and to legal education.2. 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 practise 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 one for each State.3. Following the recommendations of the All-India Bar Committee and the Law Commission, the Bill recognises the continued existence of the system known as the dual system now prevailing in the High Courts 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.4. The Bill, being a comprehensive measure, repeals the Indian Bar Councils Act, 1926, and all other laws on the subject.5. The Notes on clauses explain, wherever necessary, the various provisions of the Bill.Gazette of India, 19-11-1959, Pt. II-Section 2, Ext., p. 1186.Act 14 of 1962.- The Advocates Act. 1961 provides for an autonomous Bar Council in each State and an All India Bar Council consisting mainly of the representatives of the State Bar Councils. Under the Act, a State Bar Council is to enroll qualified persons as advocates and prepare a oil of advocates practising in the State and thereafter common roll of advocates for the whole of India is to be prepared by the Bar Council of India. The Advocates whose names are entered in the common roll would be entitled as of right to practise in all the Courts in India including the Supreme Court.2. Provision was made in the Act for its enforcement piecemeal and Chapters I, II and VII which provide for the constitution of Bar Councils and certain transitional measures were brought into force on the 16th August, 1961. It was expected that all the Bar Councils would he constituted by December, 1961 and a common roll would be prepared soon thereafter. On that expectation, Chapter III which relates to the admission and enrolment of advocates was brought into force on the 1st December, 1961. The expectation has not however been realised. One of the State Bar Councils is yet to be constituted and the Bar Council of India could not therefore be formed.3. The delay in the constitution of Bar Councils and the preparation of the common roll has created certain difficulties. Where a State Bar Council has not been constituted there is no authority to enrol qualified persons as advocates and even where such a council has been constituted it cannot function effectively in the absence of proper rules which require the previous approval of the All India Bar Council. Moreover, even when it person is enrolled as an advocate on a State roll, he will not be entitled to practise until his name is entered in the common roll and Chapter IV is brought into force.4. Difficulties, therefore, arose in the enrolment of proper persons as advocates and in conferring on them the right to practise. Since sections 6 and 7 of the Legal Practitioners Act, 1879 stood repealed from the 1st December, 1961 when Chapter III was brought into force, doubts arose whether the certificate to a pleader or a mukhatar could be issued or renewed after that date. Thus unforeseen difficulties were causing unintended hardship to certain persons and it was considered necessary to take immediate action to amend the Advocates Act, 1961 by promulgating an Ordinance. The Advocates (Amendment) Ordinance was accordingly promulgated on the 24th January, 1962 for making suitable transitional provisions to overcome the difficulties which arose in the working of the Act. This Bill seeks merely to replace the Ordinance by an Act of Parliament. Opportunity has been taken to make certain minor drafting changes in the Advocates Act. - S.O.R. Gaz of Ind.. 12-3-1962, Pt. II, Section 2, Ext., p. 12.Act 25 of 62.- Under section 24(1) of the Advocates Act, 1961, in order to be admitted as an advocate on a State roll, a person must have obtained a degree in law and undergone a course of training, and passed an examination, prescribed by the State Bar Council. Under the proviso to that section, however, persons who have obtained their decree in law from any University in India before the appointed day, that is. the 1st December, 1961. when section 24 was brought into force, are entitled to be admitted as advocates even without having undergone the prescribed training and passed the prescribed examination as aforesaid. The final L.L.B. examinations of the three Universities in die State of Maharashtra, namely, Poona, Marathwada and Bombay were held in October, 1961. The results of the first two Universities were published in November, 1961. Accordingly, the students of those two Universities who passed the L.L.B. examination held in October, 1961, were entitled to be enrolled as advocates. But the result of the L.L.B. examination of the Bombay University was published on the 12th December, 1961. the consequence being that the students of that University who came out successful in the L.L.B. examination are not eligible to be enrolled as advocates without the prescribed training and examination. This has caused unintended hardships on, and discrimination against, the students of Bombay. It is accordingly proposed to amend suitably sub-section (I) of section 24 of the Advocates Act, 1961, so as to provide that those who passed their final law examination before the 31st December, 1961, would be entitled to the benefit conferred by the proviso to that sub-section. S.O.R. - Gazette of India, 8-6-1962, Pt. II, Section 2, Ext., p. 250.Act 22 of 1962.- Under the Advocates Act, 1961 a State Bar Council has been empowered to enrol qualified persons as advocates on its roll. In order that a person who has obtained a degree in law may be eligible for such enrolment, he has to undergo a course of training in law and pass an examination thereafter as required by section 24(1)(d) of the Act. The State Bar Councils are required to frame rules for the purpose but they do not have effect, unless they are approved by the Bar Council of India. The persons who passed the final law examination before the 28th February, 1962 were exempted from undergoing the prescribed course of training and examination mainly because all the Bar Councils were not constituted by that time and effective rules for the purpose could not be framed. The Bar Councils have now been constituted but no effective rules for the purpose of prescribing the course of training and examination have yet been made. It may still take some considerable time for all the State Bar Councils to make the necessary rules and get them approved by the Bar Council of India.2. Difficulties have arisen on account of the inordinate delay in framing the necessary rules. The persons who have passed their final Law examination after the 21th February, 1962 are not able to undergo the necessary training in the absence of proper rules. This is causing undue hardship to them. Representations have been received from various States and Universities urging upon the Government to undertake immediate steps for removing the difficulties experienced by these Law graduates.3. It is therefore, proposed to amend the Act empowering the Central Government to make rules for State Bar Councils to provide for a course of practical training in law and the examination to be passed after such training. This would be an enabling provision and the Central Government would exercise the power only when it is necessary to do so. When, however, any State Bar Council makes any effective rules for the purpose, the rules made by the Central Government would cease to be in force on a notification issued in this behalf.4. There are some practising lawyers in Tripura, Manipur and other parts of India who are not legal practitioners under the Legal Practitioners Act, 1879 or the Bombay Pleaders Act, 1920. While the Act provides for the issue or renewal of certificates of practice to legal practitioners under these Acts, difficulties have arisen in the case of lawyers to whom other laws apply Opportunity is being taken to remove this difficulty by making a minor amendment in section 58(4) of the Act.5. The Bill seeks to achieve these objectives.- S.O.R. - Gazette of India, 13-8-1962, Pt. II. Section 2, Ext., p. 641.Act 21 of 1964.- The working of the Advocates Act, enacted in May, 1961, has revealed certain practical difficulties and representations in this behalf have been received from various State Bar Councils and other Associations. The Bar Council of India has also suggested certain amendments to the Act. Difficulties were being experienced mainly in regard to the functioning of the Bar Councils and the Committees thereof and also in regard to the enrolment as advocates of certain classes of persons who may not fall strictly within the scope of sections 17 and 24 of the Act. It is considered necessary that the Act should be suitably amended for removing such difficulties and for facilitating the implementation of its provisions.2. The Act provides for the general supervision and control of the Bar Council of India over all State Bar Councils in order that they may, in the exercise of their powers, follow a uniform all-India policy. The powers given to the Bar Council of India in this behalf are, however, inadequate and it is considered necessary to enlarge its powers. It is therefore proposed to empower the Bar Council of India to issue appropriate directions to a State Bar Council or a Committee thereof, and also to exercise powers of revision in relation to any proceeding disposed of by a State Bar Council. It is also proposed to enlarge the appellate jurisdiction of the Bar Council of India. It is further proposed to give wider rule making powers to the Bar Council of India. For the efficient and smooth working of the Act, it is also considered necessary to vest in the Central Government powers to make rules in respect of matters which may be considered necessary.3. The State Bar Councils have been given wide powers under the Act in respect of various matters, including disciplinary matters. It is considered that in the interests of efficient functioning of a State Bar Council, it should consist of some advocates who have at least ten years' standing. There was such a provision in the Indian Bar Councils Act, 1926. It is accordingly proposed to provide that, as nearly as possible one-half of the elected members of every State Bar Council should be advocates of not less than ten years' standing. The other principal amendments proposed in the Bill are(1) that the term of office of a member of the Bar Council of India elected by a State Bar Council should normally be for the same period for which he holds office as a member of a State Bar Council;(2) that the Bar Council of India should be empowered to form more than one disciplinary committee, and that the disciplinary committee of a Bar Council should consist of three members only one of whom should be a co-opted member ;(3) that the Bar Council of India should be empowered to refuse, in suitable cases, the applications for the transfer of the name of an advocate from one State roll to another;(4) that the Bar Council of India should be permitted to prepare and maintain the common roll in such manner as it thinks fit;(5) that certain categories of persons who may not at present be entitled to be enrolled as advocates should be so entitled;(6) that the State Bar Council should have more effective control over its enrolment committees; and(7) that the disciplinary jurisdiction of State Bar Councils should be extended to certain proceedings which are not at present covered by the Act.4. The Bill seeks to achieve these objects. Opportunity has also been taken to make certain other amendments of a minor character.5. The notes on clauses appended to the Bill explain the provisions thereof, - S.O.R. - Gazette of India, 18-4-1964, Pt. II, Section 2, Ext., p. 297.Act 107 of 1976.- "Experience gained in the practical working of the Advocates Act, 1961 has necessitated the following amendments.(1) Abolition of the Dual SystemThe Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Parliament enabled the Crown to erect and establish High Courts in India by Letters Patent and these Letters Patent authorised and empowered the high Courts to make rules for enrolment of advocates and attorneys (commonly known as solicitors). Under these rules, a suitor on the original side of the High Courts at Bombay and Calcutta has to approach an advocate only through the conduit of a solicitor. Though the rules of the High Courts have minimised this compulsion recently, complaints have been voiced against the system mainly on the ground that it imposes a double burden on a poor litigant who is required to pay fees to two sets of professionals and it has been suggested that the two classes of professionals, namely, advocates and solicitors that stand between the law and the lay should be amalgamated into a single class of advocates. It is proposed to give effect to the suggestion by abolishing the dual system with a view to simplifying and streamlining Court procedure, avoiding stratification of the profession and reducing the cost of litigation keeping the needs of the consumer of the legal process as a mutter of paramount importance.(II) Reducing the share of the Bar Council of India in the enrolment feesPresently out of Rs. 250 paid by an applicant for enrolment as advocate, the share of the apex body, namely, the Bar Council of India is 40 per cent and the remainder is retained by the State Bar Council where he is enrolled. The State Bar Councils have complained that they are hampered for want of funds in implementing welfare schemes like insurance and provident fund for advocates and legal aid to the poor. It is, therefore, proposed that the share of the Bar Council of India in the enrolment fees should be reduced to 20 per cent, from the existing 40 per cent.(iii) Making the Law Officers of the Centre and the State ex-officio Chairmen of the Bar Council of India and State Bar Councils respectivelyUnder the present scheme of the Advocates Act, 1961, the posts of Chairmen and Vice-Chairmen of the Bar Council of India as well as the State Bar Councils are elective ones. The Attorney-General of India as well as the Advocates-General of States are indubitably leaders in their own rights in the profession as being well-known for their erudition, advocacy, integrity and legal acumen. It is proposed to make these Law Officers ex-officio Chairmen of the Bar Council of India and the State Bar Councils respectively; Solicitor-General of India, the ex-officio Vice-Chairman of the Bar Council of India and the seniormost Advocate from amongst the elected members of a State Bar Council to be the Vice-Chairman of that Council. Representation is sought to be given to the Central Government on the Bar Council of India and a rotational pattern for Chairmanship amongst the Advocates-General is being introduced as respects Bar Councils constituted for territories comprising of more than one State.Hence, the Bill."- S.O.R. - Gazette of India, 24-8-1976, Pt. II, Section 2. Ext., p.1285.Act 38 of 1977.- "The Advocates (Amendment) Act, 1976 made several changes in the Advocates Act, 1961, According to the amended Act, the Attorney-General of India and the Advocates-General of the States became the ex-officio Chairmen of the Bar Council of India and the State Bar Councils, respectively. The Solicitor-General of India became the ex-officio Vice-Chairman of the Bar Council of India; and the seniormost Advocate from among the elected members of the State Bar Council became the Vice-Chairman of the Council. In the case of the State Bar Council of Delhi, an advocate nominated by the Central Government, became the Chairman. The Central Government was also empowered to nominate one officer as a member of the Bar Council of India for a period of two years.2. This amendment has been criticised by several Bar Councils and members of the public and the legal profession as a retrograde step and as not conducive to the efficient and proper running of the Bar Councils and one which sets at naught the very fundamentals of autonomy of an independent profession. The Central Government has considered the matter de novo and it is proposed to amend the Act to restore the democratic principle of elected Chairman and Vice-Chairman for the Bar Council of India and the State Bar Councils. The provisions empowering the nomination of an officer on the Bar Council of India is also proposed to be omitted. To avoid any disruption in the day-to-day working of the Bar Councils, it is provided that the existing Chairman and Vice-Chairman shall carry on the duties of his respective office till the new Chairman or Vice-Chairman, as the case may be, duly elected, assumes charge of the office.3. Section 8 of the Act provides for a term of four years for office of elected members of the State Bar Councils. As election to the State Bar Councils is a time-consuming process and involves considerable expenditure the term of office of the members of the State Bar Councils, in relation to which the term has not already expired, is proposed to be increased to five years from the existing four years.4. One of the major changes brought about by the Advocates (Amendment) Act, 1976, was the abolition of the dual system in the High Courts of Bombay and Calcutta. In Calcutta, however, it was not necessary to possess a Degree in law for a period to enter into agreement of articleship. In order to remove the hardship caused to the articled clerks who have entered into agreement of articleship before the 31st December, 1976 and who have passed the preliminary examination but not passed the Intermediate/Final examination, it is proposed to empower the Calcutta High Court to hold the Intermediate/Final examination up to 31st December, 1980 for the aforesaid articled clerks, and such of those articled clerks who pass the final examination will be eligible to be enrolled as advocates.S. Since Parliament was not in session and urgent action was called for it was considered necessary to issue the Advocates (Amendment) Ordinance, 1977 and the same was promulgated on the 31st October, 1977.6. This Bill seeks to replace the Ordinance by an Act of Parliament"-S.O.R. - Gazette of India, 18-11-1977, Pt. II, Section 2, Ext., p. 574.Act 47 of 1980, The class of legal practitioners known as attorneys was abolished by the Advocates (Amendment) Act, 1976 and the pre-existing attorneys were required to become advocates under the Advocates Act. With a view to protecting their seniority, it is proposed to amend section 17 of the Advocates Act to provide that the seniority of an attorney who has become an advocate shall be determined by the date of his enrolment as attorney.2. Under section 23 of the Advocates Act, 1961; the Attorney-General of India, the Solicitor-General of India and the Additional Solicitor-General of India have in that order pre-audience over all other advocates. A second Additional Solicitor-General has been appointed. For the better discharge of the legal business of Government, on the same terms and conditions of service as the Additional Solicitor-General and with the same functions. It is, therefore, proper that his right of pre-audience should be recognised by Statute. Accordingly, it is proposed to amend section 23 of the Advocates Act, so as to give him the right of pre-audience immediately after the other three law Officers of the Government of India.3. The Bill seeks to achieve the above objects. -S.O.R. - Gazette of India, 12-6-1980, Pt. II, Section 2. Ext., p. 418.Act 70 of 1993.- On the basis of various proposals made by the Bar Council of India and certain other bodies and the experience gained in the administration of the Advocates Act, 1961 (25 of 1961), it is found necessary to amend the Act with a view to enabling the Bar Council of India and the State Bar Councils to function more effectively for the betterment of the legal profession.The Bill proposes, inter alia, to-(i) empower the State Bar Councils to promote the growth of Bar Associations for purposes of implementing the welfare schemes for advocates and to visit and inspect Universities on the directions of the Bar Council of India and to constitute funds for establishing law libraries;(ii) provide for automatic cessation of membership of members of the State Bar Councils in the event of non-holding of elections within the stipulated period and for making consequential arrangements;(iii) enable the Bar Council of India and the State Bar Councils to meet at places other than their respective headquarters;(iv) increase the enrolment fee from two hundred and fifty rupees to seven hundred and fifty rupees without disturbing the fee payable at present by persons belonging to the Scheduled Castes or the Scheduled Tribes;(v) empower the State Bar Councils not to admit a person as an advocate on a State roll if he has been dismissed or removed from any employment or office under the State on a charge involving moral turpitude;(vi) empower the Supreme Court of India to make rules for determining the persons who shall be entitled to plead before that Court.2. The Bill seeks to achieve the above objects. - Gazette of India 24-2-1992, Pt. II - Section 2. Ext. p. 4 (No.1)[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:
