Prelims 2022 · Polity and Constitution · Question 12
With reference to India, consider the following statements:
- Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
- 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?
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.