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?

a. 1 only 

b. 2 only

c. Both 1 and 2 

d. Neither 1 nor 2

Answer: b

Explanation:

‘Advocate’ means a person whose name is entered on the roll of advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961 (section 25 of Advocates Act 1961); 

Only advocates have the right to access and represent others in a court of law. No citizen, other than an advocate, has the right to appear, act, or plead in court. Every citizen depends on members of the legal profession for the fulfilment and enjoyment of their legal rights. 

In India, the term “legal professionals” refers only to those “advocates” who are law graduates and have been enrolled in state bar councils (SBCs).

An emerging class of legal professionals engaged with various law-related activities—such as government law officers, corporate lawyers, law firms, law professors, legal researchers, and patent attorneys—have been excluded from recognition as advocates. 

Hence, Statement 1 is incorrect.

The judiciary has clarified the otherwise undefined concept of “practice of law” to include all forms of legal activities, including both litigious and non-litigious work, such as appearing in court, drafting, giving opinions, performing transactional work, consulting, arbitrating, mediating, filing vakalatnamas (power of attorney), and working as legal officers. 

Thus, “advocates” enrolled in bar councils enjoy an exclusive monopoly over the right to practise law in all courts, tribunals, and other authorities in India.

The Bar Council of India was established by the Parliament under the Advocates Act of 1961. 

The Bar Council of India is a statutory body created by Parliament to regulate and represent the Indian Bar. The Bar Council of India perform the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the Bar. The Bar Council of India also sets standards for legal education and grants recognition to Universities whose degree in law will serve as a qualification for enrolment as an advocate. 

Hence, statement 2 is correct.

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