Unit 1 of Practical Training – I: Professional Ethics and Professional Accounting System (syllabus: Module 1 — Advocates Act ss. 3, 4, 6, 7, 15, 16, 24, 24A, 29, 30, 33; Indira Jaising (2017)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What are the salient features of the Advocates Act, 1961, and what did it change?
- How are the functions of a State Bar Council and of the Bar Council of India divided, and what are the limits of their rule-making power?
- What are the qualifications for enrolment as an advocate, and what enrolment fee may lawfully be charged?
- When is a person disqualified from being enrolled as an advocate, and is the bar permanent?
- What is the procedure for enrolment from the declaration of the result to the certificate of practice?
- What is the right to practise, and may advocates go on strike?
- Who designates a Senior Advocate, on what grounds, and what restrictions follow from the designation?
- What are the Seven Lamps of Advocacy, and what rule stands behind each?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Advocates Act, 1961, s. ss. 29, 30, 50, 55, and the scheme of Chapters I to VII
- Advocates Act, 1961, s. ss. 6, 7, 15, 28(3), 49
- Advocates Act, 1961, s. s. 24(1), especially clause (f) and the Explanation
- Advocates Act, 1961, s. s. 24A
- Advocates Act, 1961, s. ss. 25, 26, 26A, 27, 28, with ss. 17, 18, 19, 21, 22
- Advocates Act, 1961, s. ss. 29, 30, 32, 33, 34, 45
- Advocates Act, 1961, s. ss. 16, 23, with Part VI, Chapter I of the Bar Council of India Rules
- Bar Council of India Rules, Part VI, Chapter II, s. Section I, Rules 1, 3 and 4; Section II, Rules 11, 12, 15 and 24; Section IV, Rules 36 to 39 and Rule 45
Leading cases
- V. Sudeer v Bar Council of India (Supreme Court
- Gaurav Kumar v Union of India (Supreme Court
- Mahipal Singh Rana v State of U.P. (Supreme Court
- Ex-Capt. Harish Uppal v Union of India (Supreme Court
- Indira Jaising v Supreme Court of India (Supreme Court
Full case summaries
- Ex-Capt. Harish Uppal v Union of India (2003)
- V. Sudeer v Bar Council of India (1999)
- Indira Jaising v Supreme Court of India (2017)
- Bar Council of Maharashtra v M.V. Dabholkar (1976)
- P.D. Gupta v Ram Murti (1997)
- D.P. Chadha v Triyugi Narain Mishra (2001)
- Mahipal Singh Rana v State of U.P. (2016)