All India Bar committee, 1951-
In 1951, the All India Bar committee was constituted under the
chairmanship of justice S.R.Das. The committee in its report recommended
the establishment of an All India Bar Councils and State Bar Councils.
It recommended the powers of enrollment, suspension or the removal of
advocates to the Bar Council . It recommended the common role of
advocates should be maintained and they should be authorised to practice
in all courts in the country. It further recommended that there should
be no further recruitment of non graduated pleaders or mukhtars. The
similar recommendations Were made by the fifth Law Commission of India
in its forteenthn report.
Advocate Act 1961 -
As a result of the report of the "All India Bar committee Act, 1961 "
.the central government enacted the Advocate Act 1961.This Act has been
in Force In entire India. It brought Revolutionary changes in legal
profession in India. It was set out to achieve the utility and dignity
of the profession of law on an al India basis. The Preamble of The says
that the Act amends as well as consolidates the law relating to legal
practitioners.
The Advocate Act,1961 contains 60 Sections set out in 7 chapters.
Chapter I - deals with primary issues such as short title, extent and commencement and definitions.
Chapter - II Section 3 to15 deals with the bar councils.
Chapter III Section 16 to 28 deals with admission and enrolment of advocates.
Chapter IV deals with the right to practice chapter.
Chapter V Section 35 To 44 deals with the conduct of advocate .
Chapter VI Miscellaneous issues.
Chapter VII deals with the temporary and transitional provisions.
The Advocate Act 1961 repeals the Indian bar council Act,1926 and all other laws on the subject.
The
Advocate Act,1961 provides for and autonomous bar council in each state
and All India Bar Council consisting mainly of the representatives of
the state bar councils. Under the act a state bar council is to enroll
qualified person as advocates and a prepare a roll of advocates
practicing in the state and thereafter a comment roll of advocates for
the whole of India is to be prepared by the bar council of India.
The
Advocates whose Names are entered in the common roll would be entitled
as of right to practice in all courts in India including the Supreme
Court.
Advocate Act 1961 amended many times to bring changes with the changing times and to solve the practical problems.
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