Professional ethics

Module 1

1.1 Enrolment of Lawyers- Qualifications prescribed u/s 24 of the Advocates Act 1961 and
procedure

Enrolment of Lawyers – Qualifications Prescribed under Section 24 of the Advocates Act,

1961 and Procedure

The Advocates Act, 1961 is the primary statute that regulates the legal profession in India.
Section 24 of the Act specifically lays down the qualifications and procedure for the enrolment
of individuals as advocates. This section is crucial because it ensures that only those who meet
the necessary criteria can practice law in India, maintaining the quality and ethical standards of
the legal profession. The process of enrolment is managed by State Bar Councils, under the
supervision of the Bar Council of India (BCI).

Overview of Section 24:

Section 24 of the Advocates Act, 1961 is concerned with the eligibility criteria and procedural
aspects of the enrolment of advocates. It sets out the conditions a person must meet in order to
be allowed to practice law in India. Section 24 (1) and Section 24 (2) of the Act provide details on
the qualification, procedure, and other related provisions. It also includes stipulations about the
circumstances under which an individual may be disqualified from enrolment.
The enrolment process is essential because it serves as a gateway for individuals wishing to
practice law in India. The Act stipulates that once a person is enrolled as an advocate, they are
allowed to practice law in any court or tribunal in India, subject to the regulations laid down by
the Bar Council of India.

Qualifications for Enrolment under Section 24(1)

Section 24(1) of the Advocates Act, 1961 outlines the specific qualifications required for
enrolment as an advocate. According to this section, the following conditions must be met for an
individual to qualify for enrolment:
1. Citizenship of India:
The individual must be a citizen of India. Foreign nationals cannot be enrolled as advocates in
India, except under specific circumstances that may be provided by international treaties or
agreements between India and other countries.

2. Educational Qualifications:
To be eligible for enrolment, an individual must have completed their law degree from a
recognized university or institution. The qualification requirements are detailed below:
● Five-Year Integrated LLB Degree: This is the most common route for individuals enrolling
to practice law. A person who has completed the five-year integrated LLB degree from a
recognized university is eligible for enrolment. The integrated degree combines
undergraduate education with law, allowing students to graduate with a law degree at the
end of five years.
● Three-Year LLB Degree: An individual who has already completed an undergraduate
degree in any field (such as arts, science, commerce, etc.) and subsequently pursued a
three-year LLB course from a recognized law school is also eligible for enrolment. This is
typically pursued by students who decide to pursue law after completing their
undergraduate studies.
Both these qualifications must be from a university that is recognized by the Bar Council of India
(BCI).

3. Age Limit:
As per Section 24 of the Act, the individual must be at least 21 years of age at the time of
application for enrolment. There is no upper age limit for becoming an advocate. This means that
any person who has attained the age of 21 and has met the educational qualifications can apply
for enrolment, irrespective of their age.

4. No Conviction for Certain Offenses:

Section 24(1)(c) lays down the requirement that the individual must not have been convicted of
any offense involving moral turpitude. Moral turpitude refers to acts that are inherently
dishonorable or unethical in nature. Convictions for offenses like fraud, dishonesty, corruption, or
any other crime that violates public trust could result in disqualification from enrolment.
Additionally, if an individual has been convicted for any offense and sentenced to imprisonment
for more than two years, they are disqualified from applying for enrolment. However, individuals
who have been granted a pardon or a certificate of rehabilitation may still be eligible for
enrolment.

The Enrolment Procedure:

The procedure for enrolment as an advocate is set out under Section 24 of the Advocates Act,
and it is administered by the State Bar Councils. The enrolment procedure is designed to ensure
that individuals meet the necessary qualifications and ethical standards before being allowed to
practice law.

1. Application for Enrolment:

To begin the enrolment process, an individual must submit an application to the State Bar
Council of the state in which they wish to practice. The application must include the following
documents:
● Proof of citizenship (e.g., a copy of the individual’s passport, voter ID, or Aadhar card).
● Proof of legal education (e.g., a degree certificate from the recognized university or
institution where the law degree was obtained).
● Proof of age (e.g., birth certificate, school certificate, or other age-proof documents).
● A declaration stating that the individual has not been convicted of any criminal offense
involving moral turpitude.
The applicant is also required to sign an affidavit confirming that they have fulfilled the eligibility
criteria laid down by the Bar Council of India and the State Bar Council.

2. Verification of Documents:
Once the application is submitted, the State Bar Council verifies the documents provided by the
applicant. This includes checking the authenticity of the law degree, verifying the applicant’s age
and citizenship, and ensuring that the individual has not been convicted of any criminal offenses
that would disqualify them.

3. Enrolment:
If the application is found to be in order and the applicant meets all the eligibility criteria, the
State Bar Council will proceed with the enrolment process. The enrolment is done in the Roll of
Advocates, a register maintained by the State Bar Council that lists all the advocates enrolled in
the state. Once an individual is enrolled, they are issued a Certificate of Enrolment, and they are
allowed to practice law in any court in India.

4. Disqualifications:
While the procedure is designed to be straightforward, there are certain disqualifications that
may prevent an individual from being enrolled as an advocate. Some of the common
disqualifications include:
● If the individual has been convicted of an offense involving moral turpitude or any offense
punishable with imprisonment for more than two years.
● If the individual has been declared of unsound mind by a court of competent jurisdiction.
● If the individual has been found guilty of any act that violates the ethics or professional
conduct laid down by the Bar Council of India.
In cases where the applicant has been disqualified, the State Bar Council may reject the
application and may not allow the individual to practice law.

5. Appeal Mechanism:
5. Appeal Mechanism:
If the application for enrolment is rejected, the individual has the right to file an appeal before the
Bar Council of India (BCI). The BCI has the power to hear the appeal and decide whether the
individual should be enrolled.

Role of the Bar Council of India in Enrolment

The Bar Council of India (BCI) plays an important role in regulating the enrolment process. It
sets the standards for legal education, the conduct of advocates, and the enforcement of
disciplinary actions. While the State Bar Councilshandle the enrolment of advocates, the BCI
provides the overarching framework and guidelines for enrolment procedures. It also ensures
that the standards for enrolment are maintained across the country.

In addition, the Bar Council of India conducts regular audits and inspections of law schools to
ensure that they meet the required standards for legal education, and it grants recognition to
universities and colleges that offer law programs.

Conclusion
Section 24 of the Advocates Act, 1961 provides the legal framework for the enrolment of
advocates in India. The Act ensures that only qualified individuals can practice law by
establishing clear eligibility criteria, including educational qualifications, age limits, and the
requirement of good character. The enrolment procedure is designed to maintain the integrity
and professionalism of the legal profession in India. By adhering to the regulations set by the
State Bar Councils and the Bar Council of India, aspiring advocates can join the ranks of legal
professionals and represent clients in the courts of India.
The process is not just a formality; it is a reflection of the seriousness with which the legal
profession is regulated in India. Enrolment ensures that individuals who represent clients in legal
matters have the necessary qualifications, ethical standing, and professional competence to do
so. Therefore, the enrolment process under Section 24 of the Advocates Actplays a critical role
in shaping the legal profession and ensuring its credibility in the eyes of the public.

1.2 Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal
Practitioners, Barrister, AOR,Amicus Curie

Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal
Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal
Practitioners, Barrister, AOR, Amicus Curie
In the legal profession, various terms are used to describe different roles, functions, and
individuals who serve in the legal system. These terms are often jurisdiction-specific and carry
distinct meanings and responsibilities. Understanding these terms is essential for
comprehending the structure and functioning of the legal profession, as well as for clarity in legal
communication. In this discussion, we will explore common legal terminologies such as Solicitor,
Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal Practitioners, Barrister, AOR, and
Amicus Curiae.

1. Solicitor

A Solicitor is a legal professional who provides expert legal advice and assistance to
clients. The term is most commonly used in common law jurisdictions such as the United
Kingdom, Australia, and some other Commonwealth nations. Solicitors play an important role in
the legal system, though their functions are different from those of advocates or barristers.
● Role and Functions: Solicitors typically handle legal matters in non-litigation areas, such
as drafting contracts, preparing legal documents, providing legal advice, and offering
guidance on a wide variety of legal matters, including family law, property law, and
business law. They may represent clients in lower courts or tribunals but generally do not
appear in higher courts, which is the domain of barristers or advocates.
● Difference from Advocates: In jurisdictions like India, the term "solicitor" is less
commonly used, as it is replaced by the term advocate. However, in countries such as the
UK, solicitors usually refer to lawyers who do not appear in higher courts but act as
intermediaries between clients and barristers.
● Professional Qualification: To practice as a solicitor, individuals must often complete a
law degree, undergo practical training, and pass examinations administered by
professional bodies like the Solicitors Regulation Authority (SRA) in the UK.

2. Advocate

An Advocate is a legal professional who represents clients in courts of law, and the term is
commonly used in India and other countries following the British legal tradition. An advocate
provides both legal representation in court and legal counsel.
● Role and Functions: Advocates represent clients during litigation and court proceedings.
They have the right to appear and argue in courts, including higher courts. They prepare
the case, present evidence, examine witnesses, and argue on behalf of their clients.
● Qualifications: To become an advocate, a person must enroll with a State Bar Council and
possess a recognized law degree. After enrollment, an advocate can practice in any court
across India or other jurisdictions where the advocate is registered.
● Differences from Lawyers: The term advocate is often specifically used to denote those
who represent clients in court, while the term lawyer is broader and may encompass
 ●
who represent clients in court, while the term lawyer is broader and may encompass
solicitors, advocates, and other legal professionals.

3. Lawyer

The term Lawyer is a general term used for any individual qualified to provide legal services,
whether through advice, drafting documents, or representation in court. A lawyer may hold the
title of advocate, solicitor, or barristerdepending on the jurisdiction.
● Role and Functions: Lawyers are responsible for advising their clients on legal matters,
preparing legal documents, and representing them in court. Their functions may vary
significantly depending on their role (solicitor, advocate, etc.) and the jurisdiction.
● General Use: In India, the term lawyer is often used interchangeably with advocate.
However, internationally, lawyer refers to anyone qualified to give legal advice, not
necessarily someone authorized to represent clients in court.
● Qualifications: Lawyers must usually have completed a law degree and enrolled with the
appropriate bar or professional body in the jurisdiction where they intend to practice.

4. Senior Counsel

Senior Counsel is a prestigious title given to certain lawyers, usually based on their experience,
expertise, and contributions to the legal profession. In many jurisdictions, the designation of
Senior Counsel is roughly equivalent to that of a Queen’s Counsel (QC) in the UK or King’s
Counsel (KC) when the monarch is male.
● Role and Functions: Senior Counsel are usually appointed by the Bar Council or
equivalent authority. They are experienced advocates who are recognized for their legal
expertise and courtroom acumen. They often represent clients in higher courts, including
appellate courts, and are entrusted with complex and high-profile cases.
● Process of Appointment: The appointment is based on an individual's demonstrated
competence, standing in the legal community, and experience in the legal field. Senior
Counsel is not an automatic title but requires a formal process, including
recommendations and assessments.
● Distinction: A Senior Counsel has the privilege of wearing a silk robe in court and is given
priority in the courtrooms. They are regarded as leaders within the legal profession.

5. Junior Counsel

A Junior Counsel is a lawyer who works alongside a Senior Counsel or an experienced advocate
in preparing and presenting a case. Junior Counsel are often responsible for the day-to-day work
of a case, such as researching, drafting documents, and preparing evidence.
● Role and Functions: Junior Counsel often assist Senior Counsel in preparing for court
 ●
hearings, conducting legal research, drafting pleadings, and participating in trials. In
complex cases, Junior Counsel may represent clients in lower courts or tribunals, but they
generally do not appear in higher courts unless given permission.
● Relationship with Senior Counsel: Junior Counsel typically work under the guidance of
Senior Counsel, gaining experience in the process of litigation. They may be recognized
for their ability and competence over time and may eventually be promoted to Senior
Counsel.
● Differences from Senior Counsel: Junior Counsel have less experience and standing in
the legal profession compared to Senior Counsel. However, they play a crucial role in the
litigation process and are often involved in important cases.

6. Legal Practitioner

The term Legal Practitioner refers to any individual who practices law, including advocates,
solicitors, legal consultants, and any other professionals involved in the legal system. This term is
often used in a broader sense to encompass all individuals engaged in legal services,
irrespective of their specific title.
● Role and Functions: Legal practitioners may offer a range of services, from providing legal
advice to representing clients in court. Their roles are not confined to advocacy; they may
include legal drafting, consultations, and assisting clients with transactional matters.
● Qualifications: Legal practitioners must hold a law degree and be registered with the
appropriate professional body, such as the Bar Council in India or the Solicitors Regulation
Authority in the UK.

7. Barrister

A Barrister is a type of lawyer found in common law jurisdictions, such as the United Kingdom,
Australia, and Canada, who specializes in representing clients in higher courts, particularly in trial
advocacy. Barristers are similar to advocates in other jurisdictions.
● Role and Functions: Barristers represent clients in courts and tribunals, especially in
complex legal matters. They are trained to argue cases in front of judges, and their
primary function is advocacy. Barristers are often instructed by solicitors, who handle
client contact and the preparation of legal documents.
● Distinction: Unlike solicitors, barristers typically do not handle transactional legal matters
or provide day-to-day client advice. Their primary function is to act as courtroom
advocates.
● Qualifications: Barristers must complete legal education, pass exams, and undergo
pupillage (an apprenticeship under an experienced barrister) before they can practice. In
some countries, they must also be admitted to a bar.

8. Advocate on Record (AOR)

An Advocate on Record (AOR) is a specific designation in the Indian legal system. An AOR is an
advocate who has been enrolled with the Supreme Court of India and has the privilege of filing
cases directly in the Supreme Court.
● Role and Functions: An AOR has the exclusive right to file and appear in cases before the
Supreme Court of India. They serve as intermediaries between their clients and other
advocates, ensuring that all procedural aspects are met for Supreme Court cases.
● Qualifications: To become an AOR, an advocate must have practiced in the Supreme
Court for a specific number of years and pass a special examination conducted by the
Supreme Court.

9. Amicus Curiae

Amicus Curiae is a Latin term meaning "friend of the court." It refers to a person or organization
that is not a party to a case but is allowed to provide information, expertise, or insights that may
help the court in making its decision.
● Role and Functions: Amicus Curiae typically provides valuable legal or factual arguments
that are independent of the parties involved in the case. They are usually experts in a
specific area of law and are invited by the court to present their views on important issues
that may affect the case's outcome.
● Significance: The role of Amicus Curiae is vital in cases that involve complex legal issues,
public interest matters, or constitutional questions. Their assistance helps courts make
more informed decisions by offering perspectives that might otherwise be unavailable.

Conclusion

The legal profession is vast and includes a range of specialized terms that are used to describe
the various roles and responsibilities within the system. Each term—whether it is Solicitor,
Advocate, Senior Counsel, Junior Counsel, Legal Practitioner, Barrister, AOR, or Amicus
Curiae—serves to distinguish the different functions and levels of expertise in the legal
profession. Understanding these terms helps clarify the professional landscape of law and the
responsibilities each legal professional holds in the administration of justice.

Expanded
1. Solicitor (Expanded)

A Solicitor serves as a legal advisor and representative, primarily providing services in

transactional legal matters, client consultations, and legal advice. In common law systems, the
role of the solicitor is central to the legal profession, but the exact functions can vary by
jurisdiction.
● Scope of Practice: While solicitors typically handle tasks like drafting legal documents,
creating contracts, preparing wills, and advising clients on matters such as property
transactions or corporate law, they may also represent clients in lower courts. However,
they generally do not appear in higher courts (such as the Supreme Court), except in
certain jurisdictions like Scotland, where solicitors may also have rights of audience in the
High Court.
● Specialization: Solicitors often specialize in specific areas of law, such as family law,
corporate law, or intellectual property. Their work may also involve negotiating
settlements, preparing legal agreements, and representing clients in matters that do not
require court appearances.
● Practice in Different Jurisdictions: In some jurisdictions, such as the United Kingdom,
the distinction between solicitors and barristers is rigid, and the two professions have
separate roles. However, in others, like India, the term "advocate" is more broadly used to
cover both legal advisors and court representatives.
● Regulation: Solicitors are regulated by professional bodies such as the Solicitors
Regulation Authority (SRA) in the UK. In some countries, solicitors must be admitted to a
Law Society or a similar governing body before practicing.

2. Advocate (Expanded)

In the Indian legal system, an Advocate plays a central role, representing clients in litigation
before various courts and tribunals. An advocate may be involved in various stages of a case,
from consultation to courtroom advocacy, and their duties are typically broader compared to
solicitors in countries like the UK.
● Distinctive Features: Advocates hold the privilege of representing clients in higher
courts, including the Supreme Court and High Courts. In contrast, lower courts may allow
litigants to appear without representation by advocates, though it is advisable to seek
professional help for complex matters.
● Key Responsibilities: Advocates are responsible for preparing their clients' cases,
presenting arguments in court, cross-examining witnesses, and making submissions to the
judge. Advocates are expected to possess excellent advocacy skills, such as the ability to
persuade the court, analyze complex legal issues, and craft legal arguments effectively.
● Right to Practice: Advocates have the right to practice law in any court in the country
where they have been enrolled. Upon enrolling with the State Bar Council, an advocate is
legally authorized to represent clients in all courts (subject to the rights of audience as
determined by the court or jurisdiction).
 ● Specialized Areas of Advocacy: Advocates may specialize in various branches of law
such as criminal law, civil law, constitutional law, corporate law, or human rights. Senior
Advocates, or Senior Counsel, generally have greater expertise in one or more of these
areas and are given priority in court proceedings.

3. Lawyer (Expanded)

The term Lawyer is an umbrella term that refers to any professional qualified to practice law,
whether they are solicitors, advocates, barristers, or legal consultants. A lawyer's scope of
practice can extend to advising clients on legal matters, representing clients in court, or even
drafting contracts and other legal documents.
● Legal Services: Lawyers provide a range of services, from legal advice to litigation. They
may represent clients in legal disputes, assist with the preparation of legal documents,
and negotiate settlements. In some cases, lawyers may work directly with clients to help
them navigate business deals, real estate transactions, or other contractual arrangements.
● Distinction in Various Jurisdictions: In India, the term lawyer is often synonymous with
advocate, as the term solicitor is not widely used. However, in countries like the United
States or the United Kingdom, a lawyer can refer to both solicitors and barristers.
● Educational Qualifications: To be a lawyer, individuals must hold a law degree and
complete any required bar exams or professional qualifications in their jurisdiction. After
that, they must join a bar association or law society to practice law.

4. Senior Counsel (Expanded)

Senior Counsel (SC) is a designation awarded to advocates or barristers based on their

professional experience, ability, and contributions to the legal field. In India, a Senior Counsel
has significant prestige and can be seen as an expert in a particular area of law.
● Criteria for Appointment: In India, the Supreme Court and High Courts appoint Senior
Counsel based on an advocate’s seniority, professional achievements, and contribution
to the legal community. The Bar Council plays a role in assessing an advocate’s
qualifications before granting them this designation.
● Rights and Privileges: Senior Counsel enjoy several advantages in the courtroom. They
are usually allowed to speak first in a case, precede junior counsel in representing a
client, and are often exempted from certain court procedures that junior advocates must
follow.
● Process of Becoming Senior Counsel: The process to be appointed as Senior Counsel is
thorough and involves a rigorous assessment of the individual’s professional work, legal
skills, and standing in the legal profession. The legal community’s respect for the
individual plays a critical role in this process.
● Role in Court: Senior Counsel are often called to represent clients in complex or high-
profile cases, including those involving constitutional issues, landmark decisions, or
government matters. They are expected to lead the case with exceptional skills in legal
 ●

argumentation.

5. Junior Counsel (Expanded)

Junior Counsel are lawyers who support Senior Counsel in cases, often providing research,
drafting, and preparatory work for litigation. They typically lack the experience and prestige that
comes with being a Senior Counsel, but they are vital to the legal process.
● Role in Legal Work: Junior Counsel assist in preparing case files, drafting pleadings,
conducting legal research, and organizing the case for trial. They may brief the Senior
Counsel, which involves providing them with relevant information and documents needed
for the trial.
● Progression: Junior Counsel often work under the supervision of Senior Counsel and are
considered an important stepping stone in the legal profession. Over time, as they gain
more experience and professional standing, Junior Counsel may become Senior Counsel.
● Courtroom Role: Junior Counsel often take on less complex tasks in court, such as making
preliminary arguments, questioning witnesses, or assisting with specific aspects of the
case.

6. Legal Practitioner (Expanded)

A Legal Practitioner is an umbrella term used for anyone qualified to practice law, including
solicitors, advocates, barristers, and any other individuals offering legal services. In many
jurisdictions, the term "Legal Practitioner" encompasses all individuals who provide legal
assistance.
● Regulation and Qualifications: Legal practitioners must meet educational requirements,
such as completing a law degree and passing examinations. They must also be enrolled
with their respective bar or professional regulatory bodies to practice law legally.
● Duties: Legal practitioners are expected to act in the best interests of their clients,
provide legal advice, draft necessary documents, and represent clients before the court.
Depending on their role (solicitor, advocate, etc.), they may perform a variety of functions
within the legal system.

7. Barrister (Expanded)

Barristers are lawyers who specialize in courtroom advocacy and trial work, with the distinction
that they represent clients in higher courts (such as appellate courts) and specialist courts.
● Training and Entry: To become a barrister, one must typically complete a law degree and
undergo additional specialized training, such as the Bar Professional Training Course
(BPTC) in the UK. They then enter into a pupillage (apprenticeship) under the supervision
of an experienced barrister.
● Role in Litigation: Barristers are often called in for their expertise in litigation, particularly
 ●
in cases requiring detailed legal argumentation. They generally do not have a client-facing
role until instructed by a solicitor to represent a client in court.
● Legal Distinction: In the UK, the difference between a solicitor and a barrister is
significant. Solicitors tend to handle the day-to-day legal work, while barristers focus
primarily on courtroom advocacy.

8. Advocate on Record (AOR) (Expanded)

The Advocate on Record (AOR) is an advocate specially designated to file cases in the Supreme
Court of India. They are authorized to represent clients in the highest judicial forum of the
country, ensuring that the procedure for filing a case is properly followed.
● Role and Function: An AOR is the official representative in the Supreme Court, and their
primary role is to handle the paperwork required for litigation in the Supreme Court,
including filing petitions and documents. They ensure that all legal formalities are met
before a case is heard.
● Significance: The AOR system ensures efficient handling of cases and streamlines the
filing process. Without an AOR, litigants would not be able to directly approach the
Supreme Court.

9. Amicus Curiae (Expanded)

The term Amicus Curiae, meaning "friend of the court," refers to an individual or organization
that offers legal expertise or insight on a case, despite not being a direct party to it. This role is
important in assisting the court in understanding complex issues that may be beyond the
immediate knowledge of the parties involved.
● Role in Legal Matters: Amicus Curiae can file briefs, make submissions, or give testimony
to help the court understand the broader legal implications of a case, especially in cases
involving constitutional law, public interest, or complex legal principles.
● Jurisdictional Use: In many countries, courts may invite amicus curiae briefs, and
organizations such as NGOs or public interest groups often play this role in matters that
affect public policy or social justice issues.
● Court's Discretion: Courts have the discretion to accept or reject amicus curiae briefs.
These individuals or organizations provide a perspective that helps inform the court’s
judgment, particularly in high-stakes cases with significant societal impact.

Conclusion

The legal profession includes a variety of terms that describe the different roles lawyers play in
the legal system. Whether it is an Advocate, Solicitor, Barrister, or Senior Counsel, each term
has specific responsibilities and duties that contribute to the overall functioning of the legal
system. A Legal Practitioner encompasses all those engaged in providing legal services, while
terms like AOR and Amicus Curiae describe specialized functions that assist in the smooth
operation of legal proceedings. Understanding these terms helps clarify the structure and
operation of legal systems worldwide
1.3 Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and
Fellowship

The Seven Lamps of Advocacy: A Deep Dive

The Seven Lamps of Advocacy were coined by Sir Thomas Erskine, a renowned English lawyer
and advocate, in his famous speech, “The Seven Lamps of Advocacy.” These seven virtues—
Honesty, Courage, Industry, Wit, Eloquence, Judgment, and Fellowship—serve as guiding
principles for legal professionals, aiming to instill qualities that promote both ethical legal
practice and effectiveness in advocacy. These principles are not just essential for lawyers'
personal development but also for preserving the integrity of the legal profession and ensuring
fair legal proceedings.

1. Honesty

Honesty is one of the cornerstones of the legal profession and, more broadly, of any professional
calling. As advocates, lawyers are entrusted with representing clients, often in complex matters,
and this can only be done effectively if they approach their work with integrity and truthfulness.
The idea of honesty is tied to the concept of professional ethics, and advocates must maintain
transparency not just with their clients, but also with the court and other stakeholders involved in
the legal process.

Importance of Honesty in Advocacy:

● Trust-building: Clients approach their lawyers with a certain level of trust, often sharing
sensitive information. A lawyer who is honest will maintain this trust, leading to a more
productive and effective relationship.
● Avoiding Misrepresentation: The legal profession relies on the principle of fair play, which
means lawyers must not engage in fraudulent activities such as misrepresenting facts,
concealing evidence, or misleading the court.
● Maintaining Professional Credibility: A lawyer’s reputation is fundamental to their career.
By adhering to honesty, they not only establish credibility with clients but also with their
peers, judges, and the public.

A breach of honesty can result in severe consequences, including professional misconduct

charges or even disbarment. In India, the Bar Council of India (BCI) has clear guidelines
regarding ethical conduct, and violating the principle of honesty can lead to disciplinary action
against an advocate.

Honesty in Practice:
A lawyer’s honesty is reflected in how they present the facts in a case. For example, a lawyer
should not suppress or exaggerate facts to secure a favorable judgment for their client. Instead,
they should present the case fairly, enabling the court to arrive at a just decision.

2. Courage

Courage is a defining trait for any advocate, as it empowers lawyers to fight for their clients'
rights, even when faced with adverse circumstances or powerful opponents. Advocacy often
requires standing up for what is right, regardless of popular opinion, and challenging established
norms or authorities when necessary.

Importance of Courage in Advocacy:

● Facing Adversity: Legal battles can be intense, and many times, the outcome may seem
uncertain. A courageous lawyer does not back down when the odds are stacked against
them. They confront difficult situations with confidence and strength.
● Championing Justice: Lawyers often take on cases that require them to challenge
systems of power or authority. Whether it is fighting for the rights of the oppressed or
advocating for a cause that is not widely accepted, courage is what fuels these efforts.
● Speaking Truth to Power: Courage is also needed to speak truth to power. For instance,
a lawyer may have to challenge an unjust law or defend an individual wrongfully accused
by powerful figures, which requires not just technical knowledge, but also moral courage.

Courage in Practice:
A good example of courage in advocacy is the role played by human rights lawyers or those who
take up public interest litigation cases. These lawyers often represent individuals or groups
fighting against discriminatory policies, environmental degradation, or violations of civil rights,
sometimes at great personal and professional risk.

3. Industry

Industry, in the context of advocacy, refers to the diligence, dedication, and hard work that a
lawyer must demonstrate in their practice. It involves being committed to the rigorous demands
of legal work, whether it’s preparing for a case, studying legal precedents, or drafting complex
documents.

Importance of Industry in Advocacy:

● Preparation: Advocacy is a process that involves extensive preparation. A lawyer must
 ●
ensure that they are thoroughly prepared for every case by reviewing all facts,
understanding the law, and formulating a solid legal strategy. Industry implies going the
extra mile, whether it's conducting exhaustive research or seeking expert testimony to
strengthen the case.
● Attention to Detail: Legal work requires meticulous attention to detail. The smallest
oversight can have significant consequences, including jeopardizing a case. Industry
means that a lawyer must put in the necessary effort to ensure that no stone is left
unturned.
● Perseverance: The legal profession often requires perseverance. Cases can drag on for
years, and clients may lose hope. Lawyers must maintain their focus and stay diligent
throughout the legal process, seeing things through to the end.

Industry in Practice:
An example of industry in the legal profession is seen in lawyers who take on pro bono cases.
Despite often working without compensation, these lawyers still invest considerable effort to
ensure that justice is served for those who cannot afford legal representation.

4. Wit

Wit in advocacy refers to a lawyer’s ability to think quickly, present arguments persuasively, and
respond adeptly in high-pressure situations. Wit is not simply humor; it is the ability to craft
clever and sharp arguments that can turn the tide of a case, especially when dealing with
complex or unexpected circumstances.

Importance of Wit in Advocacy:

● Quick Thinking: In the courtroom, arguments often need to be presented spontaneously.
A lawyer must think quickly to formulate responses, refute opposing arguments, or ask
effective questions during cross-examination.
● Creative Problem Solving: Wit involves the creative application of legal knowledge. It’s
about finding innovative solutions to legal challenges, whether it’s a new angle of
argument, a novel legal interpretation, or an approach that sets the lawyer apart.
● Courtroom Strategy: Wit also allows a lawyer to read the room, gauge the judge’s mood,
and adjust their arguments accordingly. In contentious cases, having a sharp mind can
help make or break a case.

Wit in Practice:
In a courtroom, cross-examination of witnesses is an area where wit is most evident. A lawyer
must often think on their feet, asking questions that subtly expose contradictions or weaknesses
in the opposing party’s testimony. Skilled lawyers often combine wit with their knowledge of the
law to craft an argument that is both logical and compelling.
5. Eloquence

Eloquence refers to the ability of a lawyer to express ideas clearly, persuasively, and
passionately. A lawyer's ability to communicate is crucial, especially when addressing the court
or a jury. Eloquence involves not just the clarity of speech, but also the style and emotional
resonance of the arguments presented.

Importance of Eloquence in Advocacy:

● Persuasion: One of the primary functions of advocacy is to persuade the court or jury. A
well-articulated argument can make a significant difference in how a case is received.
Eloquence enables a lawyer to present their case in a way that resonates with the
decision-maker.
● Commanding Respect: Eloquence is also essential in commanding respect. A lawyer who
speaks confidently and articulately gains credibility in the eyes of the court and the public.
● Building Trust: Clear communication fosters trust. Whether addressing the court or
interacting with clients, lawyers must use their eloquence to make their positions
understood and persuade others to adopt their viewpoint.

Eloquence in Practice:
An eloquent lawyer can present closing arguments in a way that sways the opinion of a judge or
jury. Through eloquent rhetoric, a lawyer can distill complex legal issues into compelling
narratives, making their case both accessible and persuasive.

6. Judgment

Judgment refers to a lawyer’s ability to make sound decisions based on their legal knowledge,
experience, and understanding of the facts. Effective judgment involves knowing when to push
forward with a particular strategy and when to settle or alter course.

Importance of Judgment in Advocacy:

● Strategic Decision-Making: Judgment is critical in determining the strategy for a case. A
lawyer must decide which issues to emphasize, which arguments to present, and when to
seek a settlement versus pursuing a trial.
● Risk Assessment: Good judgment helps a lawyer assess the risks involved in pursuing a
case. They must weigh the potential rewards against the possibility of losing or drawing a
case.
● Ethical Decision-Making: Judgment also involves making ethical decisions. A lawyer must
ensure that their actions are not only in the best interests of their client but are also
ethically sound and legally justifiable.

Judgment in Practice:
A lawyer with strong judgment can evaluate the strength of evidence, foresee possible
challenges in a case, and choose the best path forward. For instance, in complex litigation, a
lawyer must decide whether to go for a full trial or negotiate a settlement, keeping in mind the
financial, legal, and emotional costs involved.

7. Fellowship

Fellowship refers to the relationships between colleagues in the legal profession, built on mutual
respect, support, and shared commitment to justice. It underscores the importance of
cooperation and collaboration within the legal community.

Importance of Fellowship in Advocacy:

● Collaboration: Lawyers must work together in teams, particularly when dealing with large
or complex cases. Fellowship encourages collaboration, allowing lawyers to share
knowledge, resources, and expertise.
● Mentorship: Fellowship also involves mentorship, where senior lawyers guide younger
ones, passing on their wisdom, experience, and advice to help them grow professionally.
● Building a Support Network: Fellowship extends beyond mere cooperation; it involves
creating a supportive professional environment where lawyers help one another in times of
need.

Fellowship in Practice:
Fellowship is visible in the daily operations of law firms, courts, and legal networks. Senior
lawyers often mentor junior advocates, sharing their knowledge of the profession, providing
guidance on difficult cases, and promoting a culture of support and respect.

Conclusion

The Seven Lamps of Advocacy—Honesty, Courage, Industry, Wit, Eloquence, Judgment, and
Fellowship—are integral qualities that form the backbone of ethical legal practice. Together, they
guide lawyers in their quest for justice and provide the necessary tools to navigate the
complexities of the legal profession. By embodying these virtues, lawyers not only enhance their
own careers but also contribute to the integrity and professionalism of the entire legal system

1.4 The Bar Council of India and the State Bar Council- Constitution, Powers and Functions
The Bar Council of India and the State Bar Council - Constitution, Powers, and Functions

The legal profession in India is regulated by the Bar Council of India (BCI) and various State Bar
Councils, which were established under the Advocates Act, 1961. These councils are entrusted
with the responsibility of overseeing the legal profession in India, ensuring ethical standards, and
safeguarding the interests of advocates. The framework for the functioning of these bodies is
prescribed by the Constitution of India, the Advocates Act, 1961, and other relevant statutes.

The Bar Council of India (BCI)

The Bar Council of India (BCI) is a statutory body created under Section 4 of the Advocates
Act, 1961. It is the apex body that governs the legal profession in India and serves as a
representative of the legal community. The BCI is empowered to prescribe standards for legal
education, set professional conduct rules, and enforce these rules for the benefit of the legal
profession.

Constitution of the Bar Council of India

The constitution of the Bar Council of India is detailed in Section 4 of the Advocates Act, 1961,
and it consists of the following:
1. Chairman: The Chairman of the BCI is elected by the members of the council. The
Chairman holds significant responsibility in overseeing the council's functioning, leading
meetings, and representing the BCI in all matters of importance.
2. Members: The BCI consists of 25 members:
○ Advocates elected by the State Bar Councils: Each State Bar Council elects
members to represent their respective states. These members must be enrolled
advocates with a minimum of 10 years' standing at the bar.
○ Additional Members: The Attorney General for India and the Solicitor General of
India are ex-officio members of the BCI.
3. Term of Office: The term of office for members of the BCI is five years.
4. Other Provisions: The Advocates Act also allows the creation of sub-committees within
the Bar Council to deal with specific issues, such as ethics, professional conduct, and
education.

Powers and Functions of the Bar Council of India

The BCI holds broad powers in regulating the legal profession in India. Its powers and functions
are specified in the Advocates Act, 1961, and include:
1. Regulating Legal Education: The BCI has the authority to lay down standards for legal
education in India. It accredits law schools and universities and ensures that these
institutions maintain high standards of education. The council also prescribes the syllabus
 1.

for law degrees and regulates the courses offered in law schools.
2. Regulation of the Legal Profession: The BCI regulates the professional conduct of
advocates and ensures that they follow the ethical standards laid down by the council. It
provides guidelines on the conduct and responsibilities of advocates in practice.
3. Granting Enrolment: The BCI does not directly enrol advocates but oversees the process.
It grants permission to the State Bar Councils to enrol advocates who meet the necessary
qualifications and standards under the Advocates Act, 1961.
4. Disciplinary Powers: The BCI has disciplinary powers over advocates practicing in India. It
can take action against an advocate who violates professional conduct or ethics. The BCI
can suspend, disbar, or take other punitive actions against erring advocates after a fair
hearing.
5. Welfare of Advocates: The BCI is responsible for advocating for the welfare of legal
practitioners in India. This includes promoting the professional interests of lawyers,
ensuring they receive adequate compensation, and providing financial support in times of
need.
6. Regulation of Fees: The BCI can issue guidelines for the fees charged by advocates,
though the determination of fees is primarily left to individual lawyers or law firms.
However, the BCI ensures that the fees are reasonable and transparent.
7. Maintaining Standards of Legal Profession: The BCI takes steps to maintain and enhance
the dignity and standards of the legal profession in India. It periodically reviews its
policies, implements reforms, and ensures that advocacy remains a noble profession.
8. Assisting the Government: The Bar Council of India advises the government on legal
matters. It provides expertise on various legal issues and offers recommendations on law
reforms, legislative proposals, and amendments.
9. Overseeing State Bar Councils: The BCI supervises the functioning of State Bar Councils
to ensure that they follow the guidelines and rules set out by the central body. It ensures
uniformity in the practices followed by all Bar Councils across India.

State Bar Councils

While the Bar Council of India is the apex body, each state in India has its own State Bar Council.
The State Bar Councils play a pivotal role in regulating the legal profession at the state level.
These councils operate under the supervision of the Bar Council of India, but they are
empowered to handle matters related to the legal profession within their respective jurisdictions.
Constitution of the State Bar Council
Each State Bar Council has its constitution laid out by the Advocates Act, 1961, which typically
includes the following:
1. Chairman: The Chairman of each State Bar Council is elected by the members of that
council. Like the BCI, the Chairman of the State Bar Council is responsible for leading the
council and representing it in various matters.
2. Members: The council consists of members elected from the state's advocates. These
members must be enrolled in the state and generally have a significant standing (usually
over 10 years of practice). The number of members in the council is determined by the
population of the state and the number of practising advocates.
 3. Other Provisions: The State Bar Council may have other provisions related to its
functioning, including the creation of sub-committees for specialized tasks such as
disciplinary action or legal education.

Powers and Functions of the State Bar Council

The State Bar Council plays a significant role in regulating the legal profession at the state level.
The powers and functions of the State Bar Council include:
1. Enrolment of Advocates: The primary function of the State Bar Council is to enrol
advocates who wish to practice law in the state. The State Bar Council grants the
necessary permission and ensures that applicants meet the qualifications specified under
Section 24 of the Advocates Act, 1961.
2. Disciplinary Powers: The State Bar Council has the power to take disciplinary action
against advocates practicing in the state. If an advocate is found guilty of professional
misconduct or unethical behavior, the council can suspend or disbar them after following
the prescribed disciplinary procedures.
3. Welfare of Advocates: The State Bar Council plays a key role in ensuring the welfare of
lawyers within its jurisdiction. This includes providing assistance to advocates in times of
financial need, promoting the interests of the legal community, and offering training and
support.
4. Advocacy Standards: The State Bar Council is responsible for ensuring that the advocates
in its jurisdiction maintain high professional standards. It monitors the conduct of
advocates and takes corrective measures when necessary.
5. Regulation of Legal Education: The State Bar Council works in tandem with the Bar
Council of India to regulate legal education at the state level. It ensures that law schools
and universities maintain the standards prescribed by the BCI and provides
recommendations for improvements in legal education.
6. Assisting the BCI: The State Bar Council assists the Bar Council of India by implementing
its policies at the state level. It works as an extension of the BCI, ensuring that the legal
profession's national standards are upheld in the state.
7. Raising Legal Awareness: State Bar Councils often take up initiatives to raise legal
awareness among the public. This can include organizing legal aid camps, seminars,
workshops, and campaigns to promote legal literacy.
8. Coordination with Local Government and Judiciary: The State Bar Council acts as a
liaison between the local government, judiciary, and the legal community. It provides
valuable feedback to the government on issues affecting lawyers and the legal system
within the state.
9. Supervision of Law Firms: In some states, the Bar Council also supervises the functioning
of law firms and ensures that they comply with the guidelines issued by the council
regarding practice and ethics.

Disciplinary Actions by Bar Councils

The disciplinary actions that can be taken by both the Bar Council of India and the State Bar
Councils are critical in maintaining the integrity of the legal profession. Under the Advocates
Act, 1961, an advocate can be subjected to disciplinary action for violating professional ethics or
engaging in misconduct. The range of disciplinary actions includes:
● Reprimand: A formal warning issued to the advocate, advising them to correct their
behavior.
● Suspension: Temporarily barring an advocate from practicing law.
● Disbarment: Permanent removal of an advocate from the roll of advocates, prohibiting
them from practicing law.
● Fine: Imposing financial penalties for unethical conduct.
Both the Bar Council of India and the State Bar Councils have the power to take these actions,
but they must adhere to the due process of law, ensuring that the advocate receives a fair
hearing before any punitive measures are taken.

Conclusion

The Bar Council of India and the State Bar Councils play indispensable roles in maintaining the
dignity, integrity, and professionalism of the legal community in India. The BCI oversees national
standards, regulates the legal education system, and ensures the welfare of advocates, while the
State Bar Councils focus on the localized implementation of these standards. Together, these
bodies ensure that the legal profession in India remains ethical, well-regulated, and committed to
justice.
These councils provide the necessary framework for the governance of advocates, and their
functions are vital in maintaining public confidence in the legal profession. With clear powers to
regulate, discipline, and enhance the profession, both the Bar Council of India and State Bar
Councils are integral to the functioning of India’s justice system.

1.5 Privileges of a lawyer- Salient features of the Advocates Act, 1961

Privileges of a Lawyer: Salient Features of the Advocates Act, 1961

The Advocates Act, 1961 is the foundational legislation governing the legal profession in India. It
provides a comprehensive framework for the regulation of advocates and their privileges,
ensuring that the legal profession is maintained with dignity, responsibility, and professionalism.
The Act consolidates and revises the law relating to the legal profession in India and outlines the
qualifications, rights, and duties of advocates. This legislation is pivotal for the governance of the
profession, and it safeguards the privileges of lawyers as they perform their duties in the courts
of law.

Introduction to the Advocates Act, 1961

The Advocates Act was enacted to regulate the practice of law and to establish the Bar Council
of India (BCI) and the State Bar Councils, which act as the primary regulatory bodies for the
legal profession in India. The Act also provides for the establishment of an All India Bar
Examination (since 2010), ensuring uniform standards for those wishing to practice law in the
country.
The Advocates Act outlines the basic qualifications and eligibility for enrollment as an advocate,
disciplinary actions for professional misconduct, and the rights and privileges accorded to
advocates. The privileges of a lawyer are essential because they ensure that lawyers can
represent their clients effectively and protect the administration of justice.

1. Right to Practice in Courts and Tribunals

One of the primary privileges granted to advocates under the Advocates Act, 1961 is the right
to practice in the courts and tribunals across India. According to Section 30 of the Act, only
advocates enrolled with the Bar Council are entitled to practice law in any court or before any
authority or tribunal in India. This right allows lawyers to represent clients, offer legal advice, and
perform various tasks that are essential for the functioning of the legal system.

The right to practice is a significant privilege because it is not just a professional requirement
but also a constitutional right under Article 19(1)(g) of the Indian Constitution. This provision
guarantees that every citizen has the right to practice any profession or to carry on any
occupation, trade, or business, and for lawyers, this specifically includes the right to appear in
court and represent clients.

2. Professional Independence and Autonomy

The Advocates Act grants lawyers professional independence, meaning that they are free to
represent clients without any external interference. This is a crucial feature of the legal
profession, as it allows lawyers to act in the best interests of their clients without fear of reprisal
or pressure from other institutions, including the state, corporations, or even other professionals.

In the case of Supreme Court Bar Association v. Union of India (1998), the Supreme Court
reiterated the importance of professional independence for lawyers. The Court stated that the
independence of lawyers is an essential safeguard of the rule of law and that lawyers must be
able to perform their duties without fear or favor.
3. Privilege of Confidential Communication

Another key privilege of lawyers is the privilege of confidentiality. Section 126 of the Indian
Evidence Act, 1872enshrines the principle of attorney-client privilege, which protects
communications between an advocate and their client. This means that any communication
made by a client to their advocate in the course of seeking legal advice is privileged and cannot
be disclosed without the client’s consent.

This privilege is vital for ensuring that clients are open and honest with their lawyers, which in
turn helps the lawyer to provide effective legal representation. The Advocates Act supports this
privilege, ensuring that lawyers have the right to maintain the confidentiality of information
received from their clients.

4. Right to Practice Throughout India

An advocate who is enrolled in any state bar council has the right to practice in all
courts across India, including the Supreme Court. This is laid out in Section 29 of the Advocates
Act, which ensures that an advocate’s qualification and ability to practice are recognized
throughout the country. The Act, therefore, promotes uniformity and consistency in legal
practice across India and provides an advocate with the flexibility to represent clients in any
jurisdiction.

Furthermore, advocates enrolled in one state’s bar council can apply for admission to the bar in
other states and, with the permission of the concerned state bar council, can practice law in
other states as well. This ensures that the right to practice law is not restricted by geographical
boundaries, facilitating a more integrated and unified legal system in India.

5. Right to Appear in All Legal Forums

Under the Advocates Act, an advocate has the right to appear before not only courts but also
other legal forums and tribunals. This includes administrative tribunals, consumer forums,
arbitration bodies, and other quasi-judicial bodies. The right to appear before any forum or
tribunal is protected under the Act and ensures that advocates can represent clients in a wide
variety of legal settings.

This privilege is important because it ensures that lawyers can effectively represent their clients
in different legal contexts, whether it is in a civil, criminal, family, or commercial case, or before
any quasi-judicial authority. The Bar Council of India, under the Advocates Act, regulates the
profession and ensures that only qualified individuals have the right to practice in these legal
forums.
6. Protection Against Arrest in Civil Cases

Advocates are granted certain immunities under the Advocates Act that protect them from
arrest in civil cases. Section 32 of the Act provides that an advocate shall not be arrested in any
civil suit unless the court has issued a special order for arrest. This immunity is a significant
privilege because it allows lawyers to work freely without the fear of arbitrary arrest in civil
proceedings.

The immunity from arrest helps advocates to focus on their professional duties without
unnecessary hindrances or distractions. It further protects the dignity and freedom of legal
practitioners, which is important for maintaining the integrity of the legal profession.

7. Freedom of Speech and Expression in Legal Matters

An advocate enjoys the freedom of speech and expression in the course of legal proceedings,
as outlined in Section 6 of the Advocates Act, 1961. The Act allows lawyers to speak freely and
represent their clients zealously within the bounds of the law. They are permitted to present their
case in court without interference from the judiciary or the state, provided they adhere to ethical
and legal standards.

In the case of Supreme Court Bar Association v. Union of India, the Court affirmed that
advocates must be free to express their views in court without any restrictions, as long as their
conduct remains in accordance with the professional ethics set out in the Bar Council of India
Rules.

8. Right to Designation as Senior Advocate

One of the notable privileges of a lawyer under the Advocates Act, 1961 is the right to be
designated as a Senior Advocate. This designation is given to advocates who have
demonstrated exceptional ability and skill in their legal practice. Senior Advocates enjoy several
privileges, including the right to appear without being accompanied by another lawyer, an
enhanced professional status, and a higher fee structure.

The process of designation as Senior Advocate is governed by Section 16 of the Advocates Act,
which allows the Supreme Court and High Courts to designate advocates as Senior Advocates
based on merit and legal excellence. This designation carries significant weight within the legal
community and is a mark of professional recognition.

9. Right to Vote and Participate in Bar Council Elections

Lawyers enrolled with the Bar Council are granted the privilege to participate in the Bar Council
Elections and vote for the election of representatives to the Bar Council of India and the State
Bar Councils. This right allows lawyers to have a say in the administration of the legal profession,
contributing to the governance and regulation of the legal community.

By participating in Bar Council elections, advocates are involved in shaping the policies that
govern their profession. This ensures that the legal profession remains responsive to the needs
and concerns of its members.

10. Regulation of Legal Fees

Under the Advocates Act, 1961, lawyers have the privilege of determining their legal fees in
consultation with their clients. The Bar Council of India provides a fee schedule, but lawyers are
generally free to negotiate and fix their fees based on the nature and complexity of the case.

However, the Advocates Act also ensures that lawyers must act ethically and not charge
exorbitant or unreasonable fees. Section 49 of the Act empowers the Bar Council of India to
frame rules for professional conduct, including provisions for charging fees in a reasonable and
transparent manner.

Conclusion

The Advocates Act, 1961 provides significant privileges to lawyers, ensuring that they are able
to function effectively, independently, and ethically within the Indian legal system. These
privileges, ranging from the right to practice in courts and tribunals to the privilege of
confidentiality, empower lawyers to represent clients and safeguard the rule of law. At the same
time, the Act imposes ethical obligations on lawyers to maintain the integrity of the legal
profession, thus balancing the privileges and duties of legal practitioners. These provisions make
the legal profession in India
robust, professional, and responsive to the needs of the justice system

1.6 Right to Practice

Right to Practice: An In-depth Analysis under the Advocates Act, 1961
The Right to Practice is one of the most important privileges granted to advocates in India under
the Advocates Act, 1961. It serves as a cornerstone of the legal profession and allows qualified
lawyers to represent clients in various legal forums, such as courts, tribunals, and other legal
bodies. This right is not just a professional entitlement but also a constitutional guarantee,
ensuring that lawyers can effectively perform their duties as officers of the court and as crucial
players in the administration of justice.

Introduction

The Advocates Act, 1961 is a piece of legislation that governs the legal profession in India,
laying down the structure, functions, and powers of the Bar Council of India (BCI) and the State
Bar Councils. It also outlines the rights, privileges, and responsibilities of advocates enrolled
under these bodies. Section 30 of the Act specifically guarantees the Right to Practice for all
advocates who are duly enrolled with the Bar Council. This right allows them to appear before all
courts, tribunals, and authorities across the country.

The Right to Practice is critical because it empowers advocates to exercise their legal
knowledge and expertise for the benefit of their clients, uphold the rule of law, and maintain the
functioning of India’s legal system.

Constitutional and Legal Basis

The Right to Practice is a combination of several constitutional guarantees and legal provisions.
Firstly, Article 19(1)(g)of the Indian Constitution guarantees all citizens the right to practice any
profession or carry on any occupation, trade, or business. This provision ensures that advocates,
as citizens of India, are granted the fundamental right to practice law.

However, this right is subject to certain reasonable restrictions in the interest of public order,
morality, and the administration of justice. The right to practice law, therefore, does not allow just
anyone to represent others legally; only those who meet the eligibility criteria laid down under
the Advocates Act, 1961, can be granted this right.
Under the Advocates Act, Section 24 and Section 29 define the requirements for an individual to
be eligible for enrollment as an advocate and the right to practice law once enrolled. This legal
framework ensures that only qualified individuals are permitted to represent clients in legal
matters.

Eligibility for the Right to Practice

The Advocates Act, 1961, specifies the eligibility criteria for individuals to be enrolled as
advocates and, consequently, to exercise the right to practice law.
Section 24 of the Advocates Act, 1961 outlines the qualifications for enrollment. It states that a
person must satisfy the following conditions:
1. Educational Qualification: A person must possess a degree in law (either a 5-year
integrated law course or a 3-year law degree after graduation) from a university or
institution recognized by the Bar Council of India.
2. Age Requirement: The individual must be at least 21 years of age.
3. National or Foreign Citizenship: The person must be a citizen of India or a foreign national
who satisfies the conditions of reciprocity, which means they must come from a country
that allows Indian citizens to practice law there.
4. No Convictions: The individual must not have been convicted of any criminal offense
punishable with imprisonment for two or more years. They must also not have been
dismissed from government service due to a criminal charge.
5. Satisfaction of Other Conditions: The person must meet any other specific criteria that
may be prescribed by the Bar Council of India.

Once a person fulfills these criteria, they can apply for enrollment with the State Bar Council.
After enrollment, the person is granted the Right to Practice, which allows them to appear in all
courts and tribunals across India, as well as in any other authority authorized to resolve legal
disputes.

Scope of the Right to Practice

The Right to Practice is not limited to courts alone; it extends to a wide range of legal forums,
tribunals, and quasi-judicial bodies. This scope ensures that advocates can represent their
clients in different contexts, ranging from family law to commercial law, criminal law to
environmental law, and in all types of legal proceedings.
1. Right to Appear in Courts: The primary and most significant aspect of the Right to
Practice is the right to represent clients in courts of law. This includes the Supreme Court
of India, High Courts, District Courts, Subordinate Courts, and other lower courts.
Advocates can represent clients in various civil, criminal, and constitutional matters.
2. Right to Appear Before Tribunals: The Right to Practice also extends to tribunals, such as
Income Tax Tribunals, Customs and Excise Tribunals, Consumer Forums,
Administrative Tribunals, and Arbitration Tribunals. Advocates can represent clients in
these non-court legal forums, where legal disputes are resolved outside the regular court
system.
3. Right to Appear Before Quasi-Judicial Bodies: Advocates also have the right to appear
before quasi-judicial bodies, such as regulatory authorities, commissions, and
ombudsmen. These bodies may not have judicial powers in the strictest sense, but they
are empowered to adjudicate matters and enforce legal principles. Examples include the
Securities and Exchange Board of India (SEBI), Competition Commission of India (CCI),
and Consumer Protection Councils.
4. Right to Represent Clients in Legal Proceedings: The Right to Practice encompasses the
right of lawyers to file petitions, draft legal documents, and represent clients in
hearings. Advocates can file suits, appeals, revisions, and other legal proceedings on
 4.

behalf of their clients, whether in the form of written submissions or oral arguments.

Restriction and Regulation of the Right to Practice

Although the Right to Practice is guaranteed, it is not absolute. The Bar Council of India (BCI)
and State Bar Councils have the authority to regulate the legal profession and impose conditions
on the exercise of this right.
1. Disciplinary Actions: The Bar Council of India has the power to take disciplinary action
against advocates for professional misconduct. An advocate who engages in unethical
behavior, such as fraud, deception, or corruption, can be disbarred or suspended from
practicing law. The Advocates Act, 1961, provides for a Disciplinary Committee within
both the Bar Council of India and State Bar Councils to handle such issues.
2. Mandatory Continuing Legal Education (CLE): To ensure that advocates remain
competent in their practice, the Bar Council of India has the authority to impose
mandatory Continuing Legal Education (CLE) requirements for advocates. This includes
periodic training or courses to update lawyers on evolving legal principles, case law, and
legislative changes.
3. Professional Conduct Rules: The Bar Council of India has prescribed a set of
Professional Conduct and Etiquette Rules, which advocates must adhere to. Failure to
comply with these rules can result in disciplinary actions, including the suspension or
removal of the Right to Practice.
4. Eligibility for the All India Bar Examination: The Bar Council of India has introduced the
All India Bar Examination (AIBE) to ensure that all advocates meet a minimum standard of
legal knowledge before practicing law. While enrollment with a State Bar Council grants
the Right to Practice, passing the AIBE is necessary to continue practicing law in India.

Relationship Between the Bar Council of India and State Bar Councils

The Bar Council of India (BCI) is the highest regulatory authority for the legal profession in India,
while the State Bar Councils operate at the regional level, overseeing the qualifications and
conduct of lawyers in their respective states. Both bodies share the responsibility of upholding
the standards of the profession and ensuring that advocates exercise their Right to Practice in a
manner consistent with ethical norms.
1. Role of State Bar Councils: The State Bar Councils are responsible for the enrollment of
advocates within their jurisdiction, maintaining a register of enrolled advocates, and
ensuring that they meet the requirements for the Right to Practice. They also manage the
professional conduct of advocates and handle cases of misconduct at the state level.
2. Role of the Bar Council of India: The Bar Council of India has an overarching role in
regulating the legal profession across India. It frames rules governing the practice of law,
ensures that advocates adhere to professional conduct, and oversees the activities of the
State Bar Councils. The BCI also issues guidelines for the Right to Practice and ensures
uniformity in standards across states.
Conclusion

The Right to Practice is one of the most essential privileges for lawyers under the Advocates
Act, 1961. It empowers qualified individuals to represent clients in various legal forums, ensuring
that justice is accessible and that the rule of law is upheld. This right is a key element in
maintaining a vibrant and independent legal profession, and its regulation by the Bar Council of
India and State Bar Councils ensures that the profession remains ethical, responsible, and
professional.

1.7 Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)

Designation as Senior Counsel: Indira Jaising v/s Supreme Court of India (SC 2017)

The designation of a lawyer as a Senior Counsel in India is a prestigious recognition that

acknowledges the excellence and experience of a practicing advocate in the legal profession.
This designation is primarily conferred by the Supreme Court of India or the High Courts in the
country. In 2017, a significant case involving the legal battle of Indira Jaising, one of India’s most
renowned lawyers, with the Supreme Court of India brought the issue of designation as Senior
Counsel to the forefront. The case highlighted the criteria for the designation, the implications of
such a title, and the role of the judiciary in shaping the legal profession in India.

Introduction to Senior Counsel Designation

In India, the designation of Senior Counsel (often referred to as Senior Advocate) is a
recognition given to advocates who possess exceptional legal knowledge, advocacy skills, and
experience. Senior Counsel, unlike other advocates, enjoy certain privileges in the courtroom,
such as the right to argue cases without having to appear in every case personally, the ability to
charge higher fees, and the respect that comes with the title.

The Advocates Act, 1961, does not explicitly mention the term "Senior Counsel," but the
provision for designating senior advocates is laid down under Section 16 of the Act. It grants the
Supreme Court and High Courts the authority to designate any advocate as a Senior Counsel
after considering their standing at the Bar, their contributions to legal practice, and their
advocacy experience.
The designation of Senior Counsel carries with it a sense of prestige and is akin to a legal
"distinction." It is granted to advocates who are well-established in their legal careers and are
seen as capable of representing clients in complex, high-profile cases. However, the process of
designation is not without its controversies, as was seen in the landmark Indira Jaising v.
Supreme Court of India case.

Facts of the Case: Indira Jaising v. SC of India (2017)

Indira Jaising is an eminent lawyer and one of the most prominent human rights advocates in
India. She was the first woman to be designated as a Senior Advocate by the Supreme Court of
India in 2007, marking a significant milestone in her legal career. She has been involved in
several landmark cases, particularly related to human rights, gender equality, and social justice.

However, in 2017, Indira Jaising filed a petition before the Supreme Court of India challenging
the Court’s refusal to grant her the designation of Senior Counsel for a second time. The
controversy arose because in 2017, when Jaising sought to be re-designated as Senior Counsel,
the Supreme Court did not accept her request, citing a procedural issue that required her to
apply for the designation again after a gap of several years.

Jaising's petition was primarily centered on the Supreme Court's rejection of her
application for re-designation as Senior Counsel. She argued that the refusal was unjustified and
discriminatory. Furthermore, Jaising contended that the Supreme Court's practice of granting
Senior Counsel status needed to be reformed in order to make it more transparent and
accessible to deserving advocates.

Legal Issue: What Does the Refusal of Re-designation Imply?

The key legal issue in the case was whether the Supreme Court had the power to refuse to re-
designate an advocate as a Senior Counsel once the initial designation had been granted. The
specific question that arose was whether it was permissible for the Supreme Court to reconsider
the designation after a certain period, without taking into account the advocate’s continued
standing in the legal profession, their legal contributions, or their public service.

Jaising argued that there was no express law or legal provision mandating the periodic
reconsideration of an advocate's status as a Senior Counsel. She also contended that the
process of designation should be more inclusive and transparent, rather than being based on
subjective criteria.
Jaising’s petition highlighted several concerns:
1. Subjectivity in the Process: Jaising argued that the process of designating Senior
Counsel was not transparent and was largely based on subjective evaluations. The criteria
for designation were unclear, and advocates who met the standard did not always get their
deserved designation. This, she claimed, created an environment of inequality within the
legal profession.
 2. Gender Discrimination: As a female advocate, Jaising emphasized that gender biases also
played a role in the decision to grant or deny the designation. She pointed out that despite
her illustrious career, other male advocates were often given the Senior Counsel title even
though they were less qualified or experienced than her.
3. Lack of Transparency: One of the most significant points raised by Jaising was the lack of
a clear, objective framework for conferring the Senior Counsel designation. She argued
that the process was shrouded in secrecy, and the advocates did not have access to the
criteria or reasoning behind the decision.
4. Re-designation of Senior Counsel: Another issue was the process of re-designation.
Jaising questioned whether the Supreme Court could deny an advocate the right to
continue as a Senior Counsel after the initial designation had been granted. In her case,
she had been designated as Senior Counsel in 2007 but was later denied re-designation
despite her long-standing reputation in the legal field.

The Judgment in the Indira Jaising Case

The Supreme Court of India took a significant stand in the matter of Indira Jaising v. Supreme
Court of India (2017). The Court emphasized that the Senior Counsel designation was a
privilege and not a right, and that the Supreme Courthad the discretion to decide whether or not
to confer the title on an advocate based on several factors, including the advocate's standing at
the Bar, contributions to the legal field, and the public interest.

The judgment reiterated that the process of designation was meant to ensure that only the most
deserving lawyers would be given this prestigious title. The Court noted that professional
competence, ethical standards, and public servicewere among the critical factors that
determined whether an advocate should be designated as a Senior Counsel.

While the judgment upheld the discretion of the Court in the designation process, it also
stressed the need for transparency in the system. The Court acknowledged the concerns raised
by Jaising about the lack of clarity in the criteria for designation and the subjective nature of the
process. It suggested that the Supreme Court and High Courtsshould establish clear,
standardized guidelines for the designation of Senior Counsel to make the process more
transparent and equitable.

The Court further emphasized the importance of ensuring that the legal profession remains
inclusive and free from gender biases. It directed that the Bar Council of India and the Supreme
Court should take steps to ensure that all advocates, irrespective of their gender, are given equal
opportunities to be recognized and designated as Senior Counsel, based solely on their merit
and contributions to the legal profession.

Significance of the Case

The Indira Jaising v. Supreme Court of India case highlighted several significant issues related
to the designation of Senior Counsel in India, including the transparency of the process,
gender biases, and the discretionary powers of the Supreme Court in granting this prestigious
title.
1. Transparency and Clear Guidelines: One of the key takeaways from the judgment is the
need for clear guidelines and an objective framework for designating Senior Counsel.
While the Supreme Court has the power to confer this title, the process needs to be more
structured and transparent to prevent arbitrariness and ensure that all deserving
advocates are considered for the title.
2. Gender Inclusivity: The case brought attention to the gender disparity in the legal
profession. Indira Jaising’s arguments regarding the gender biases in the designation of
Senior Counsel reflected the need for reforms in the system to make it more inclusive.
Female lawyers, despite being equally competent, have historically been underrepresented
in the designation of Senior Counsel, which the case sought to address.
3. Re-designation: The case also raised the issue of re-designation of Senior Counsel. The
judgment affirmed that once an advocate is designated as a Senior Counsel, the right to
continue as such should not be taken away arbitrarily. The Court suggested that the
process of re-designation be made more transparent and open to ensure that lawyers who
continue to meet the criteria for Senior Counsel status are not unfairly deprived of this
recognition.
4. Evolving Legal Profession: The case also underscored the evolving nature of the legal
profession in India. As the profession grows and diversifies, the need for reforms in the
designation process becomes more critical. The case set the stage for further
discussions on how the legal profession can become more transparent, inclusive, and
equitable in its practices.

Conclusion

The Indira Jaising v. Supreme Court of India (2017) case was pivotal in highlighting the need
for transparency, fairness, and inclusivity in the designation of Senior Counsel in India. While it
reaffirmed the discretion of the Supreme Court in conferring this title, the case also called for
reforms in the designation process to ensure that it is based on merit, experience, and public
service, free from gender biases or arbitrariness. The case continues to influence the legal
community and raises important questions about how the legal profession should evolve to
better serve justice and fairness for all advocates