Q. Consider the following statements:
1. Only the Bar Council of India has the authority to designate an Advocate as ‘Senior Advocate’.
2. Only the ‘Advocates-on-Record’ are entitled to file a matter or document before the Supreme Court.
3. Only the ‘Senior Advocates’ and the ‘Advocates-on-Record’ can argue a matter in the Supreme Court.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Three categories of Advocates are entitled to practice law before the Supreme Court. They are: Senior Advocates, Advocates-on-Record and Other Advocates.
Statement 1 is incorrect: Senior Advocates are Advocates who are designated as such by the Supreme Court of India or by any High Court.
Statement 2 is correct: Only Advocates-on-Record are entitled to file any matter or document before the Supreme Court. They can also file an appearance or act for a party in the Supreme Court.
Statement 3 is incorrect: Other Advocates are advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961 and they can appear and argue any matter on behalf of a party in the Supreme Court but they are not entitled to file any document or matter before the Court.
| Important Tips Bar Council of India It is a statutory body established under the Advocates Act 1961 to regulate and represent the Indian bar. Functions: • It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. • It also sets standards for legal education and grants recognition to Universities whose degrees in law will serve as qualification for enrolment as an advocate. • It conducts the All India Bar Examination (AIBE) to grant a ‘Certificate of Practice’ to advocates practising law in India. • BCI also funds welfare schemes for economically weaker and physically handicapped advocates. |
