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UPSC Prelims 2022

Recognition as Advocates and Bar Councils - UPSC Prelims 2022 Question

Prelims General Studies Paper - 1

May 14, 2023

2 min read

Question

With reference to India, consider the following statements:

1. Government law officers and legal firms are recognized 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

Answer

The correct answer is B. 2 only

An advocate is an authorized individual with a law degree who is enrolled with the Bar Council in accordance with the provisions of the Advocates Act, 1961. Advocates are granted the authority to represent parties in legal proceedings. It is important to note that law firms are not recognized as advocates themselves.

On the other hand, a patent attorney, who holds a law degree, specializes in dealing with patent-related litigation. Patent attorneys are considered advocates as they possess the qualifications and credentials to represent clients in patent-related legal matters.

Bar Councils have various functions, including the promotion of legal education and the establishment of standards for legal education. They collaborate with universities in India that offer legal education and work in consultation with State Bar Councils. Bar Councils also have the power to recognize universities whose law degrees meet the qualification criteria for enrolling as an advocate. In order to ensure the quality of legal education, Bar Councils conduct visits and inspections of universities to assess their programs.

The role of Bar Councils is crucial in maintaining the standards and integrity of the legal profession. By setting educational standards, promoting legal education, and recognizing reputable universities, they contribute to the development of competent and qualified advocates. This ensures that individuals seeking legal representation can rely on knowledgeable and skilled professionals.

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