counsel

In Indian usage, “counsel” usually means the advocate who argues the case, as against the one who prepares it or files it, though any enrolled advocate may act as counsel. The word is both singular and plural (“counsel for the respondents were heard”). Senior counsel are advocates designated as senior advocates under s.16 of the Advocates Act.

Every person arrested has a right to consult and be defended by a legal practitioner of his choice (Article 22(1)), and free legal aid supports this for those who cannot pay. A common spelling mistake: “council” is a body such as the Bar Council, while “counsel” is the lawyer or the advice.

Example

Learned counsel for the appellant argued that the dying declaration was recorded without a medical certificate of fitness.

In Indian law

• Sections 16 and 30, Advocates Act, 1961 (senior advocates; right to practise)
• Article 22(1), Constitution of India (right to consult and be defended by a legal practitioner)

See also

advocate · senior advocate · advocate-on-record · legal aid

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)