Polity
2022
Constitutional Bodies
Non-Constitutional Bodies

With reference to India, consider the following statements:

  1. Government law officers and legal firms are recognized 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?

B.2 only
C.Both 1 and 2
A.1 only
D.Neither 1 nor 2

Correct Answer: Option B

This question concerns the legal profession in India, particularly the definition and regulation of advocates.

Statement 1 is incorrect: Government law officers and legal firms, along with corporate lawyers, patent attorneys and other law professionals, are generally considered distinct from advocates who are enrolled with a Bar Council and have the right to represent clients in court. There's no blanket exclusion for corporate lawyers and patent attorneys, but their recognition as advocates depends on their enrollment with a Bar Council.

Statement 2 is correct: The Advocates Act, 1961 empowers the Bar Council of India (BCI) and State Bar Councils (SBCs) to regulate the legal profession. This includes setting rules for legal education and the recognition of law colleges. Therefore, Bar Councils play a crucial role in maintaining standards and ensuring quality in legal education.

Hence, only statement 2 is correct.