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.