GS PrelimsPolityStructure of Judicial System2022

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: Option B

Explanation

1. Statement 1: In India, under the Advocates Act, 1961, an 'advocate' is a person enrolled on the state roll. Government law officers and lawyers working in legal firms are generally enrolled and thus recognized as advocates. However, the Bar Council of India Rules restrict the practice of advocates who are in full-time salaried employment, which often applies to corporate lawyers. Patent attorneys are registered under the Patents Act and may or may not be enrolled advocates. The statement's claim that corporate lawyers and patent attorneys are categorically excluded from recognition as advocates is incorrect. An enrolled advocate remains recognized even if restrictions apply to their practice (like for corporate lawyers) or if they specialize (like patent attorneys who are also enrolled). Therefore, Statement 1 is incorrect. 2. Statement 2: The Advocates Act, 1961, particularly Section 7, empowers the Bar Council of India (BCI) to promote legal education and lay down standards for it. This includes the power to recognize universities whose law degrees will be a qualification for enrollment as an advocate and to inspect such universities and law colleges. State Bar Councils also play a role, but the BCI sets the primary standards. Thus, Bar Councils (primarily BCI) have the power to regulate legal education and recognition of law colleges. This statement is correct. 3. Since only statement 2 is correct, the correct option is (B).

More Polity PYQs

View all Polity questions →

Master UPSC Revision

Get 10,000+ topic-wise MCQs, spaced repetition, daily CSAT challenges, and detailed performance analytics.

Coming Soon to Play Store
Coming Soon to Play Store