advocate

Under the Advocates Act, 1961 an advocate is a person entered in a roll maintained by a State Bar Council. Advocates are the only class of persons entitled to practise the profession of law, and an enrolled advocate may practise in all courts and tribunals throughout India. The older categories of vakils, pleaders and mukhtars were merged into this one class.

To enrol, a person must be an Indian citizen, at least 21, hold a law degree recognised by the BCI and pass the All India Bar Examination for a certificate of practice. Advocates are classified as senior advocates and other advocates. An advocate's duties to the court, the client, the opponent and colleagues are set out in the BCI Rules.

Example

Since the law graduate had not yet been enrolled, he was not an advocate under s.2(1)(a) and could not appear for his uncle in the Munsiff's court.

In Indian law

• Section 2(1)(a), Advocates Act, 1961 (definition)
• Sections 24, 29 and 30, Advocates Act, 1961 (enrolment and right to practise)

See also

senior advocate · advocate-on-record · Bar Council of India · professional misconduct

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)