Q. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Correct Answer: b) 2 only
Question from UPSC Prelims 2022 GS Paper
Explanation :
Legal Profession in India
The legal profession in India is regulated by the Bar Council of India (BCI), which is a statutory body established by the Parliament under the Advocates Act, 1961. The BCI oversees the standards for legal education and practice within the country.
Understanding the Term “Advocate” in India
The term “advocate” in India is inclusive of individuals who are qualified to practice law in various capacities. This includes government law officers, legal firm lawyers, corporate lawyers, and patent attorneys, as long as they are enrolled with a State Bar Council. The Advocates Act does not restrict these professionals from being recognized as advocates, provided they fulfill the necessary qualifications.
Role of the Bar Council of India in Legal Education
The Bar Council of India holds the authority to set standards for legal education and to recognize law colleges. Through its Legal Education Committee, the BCI is instrumental in formulating rules that govern legal education and in accrediting law schools and universities. Degrees from BCI-recognized institutions are essential for enrollment as an advocate.
