ADVOCATES ACT OF 1961
On the first day of the Parliament’s Winter Session on Monday (December 4 2023) the Advocates Amendment Bill, 2023, was passed in the Lok Sabha. Introduced in the Rajya Sabha’s Monsoon Session on August 1, the Bill was passed by the House two days later.
Aimed at weeding out ‘touts’ from the legal system, the Bill repeals the Legal Practitioners Act, 1879, and amends the Advocates Act, 1961, to reduce “the number of superfluous enactments in the statute book” and repeal all “obsolete laws”
2.What does the now-repealed 1879 Act state?
- The Legal Practitioners Act was enforced in 1880 with the aim of consolidating and modifying the laws concerning legal practitioners in specific provinces. Initially applicable to regions in West Bengal, Uttar Pradesh, Punjab, Bihar, Madhya Pradesh, Assam, Orissa, and Delhi, any other state government could extend its scope to their respective states through an Official Gazette notification.
- Under Section 2 of the 1879 Act, the term "legal practitioner" encompassed advocates, vakils, or attorneys of any High Court. Additionally, it introduced a fresh definition for the term "tout."
- According to the Act, a "tout" referred to an individual who, in return for payment, secures the engagement of a legal practitioner in any legal business, or proposes to do so for remuneration to any legal practitioner or party involved in such business.
- In simpler terms, a tout is someone who procures clients for a legal practitioner in exchange for compensation. This definition also covered individuals frequenting civil or criminal courts, revenue offices, railway stations, etc., with the intent of soliciting such engagements.
- In post-independence India, the Advocates Act of 1961 was enacted to streamline the regulation of the legal profession. While this Act nullified much of the 1879 Act, certain provisions related to its applicability, definitions, and the authority to compile and release lists of touts remained intact
The Advocates Act of 1961 is a significant legislation in India that governs the legal profession and the regulation of advocates (lawyers) practicing in the country. It was enacted to unify and regulate the legal profession by establishing uniform standards and guidelines for advocates across India.
Key features and provisions of the Advocates Act of 1961 include:
Bar Councils: The Act established autonomous bodies known as Bar Councils at the national and state levels. The Bar Council of India (BCI) oversees legal education and standards at the national level, while State Bar Councils monitor legal practice and ethics within their respective states.
Enrollment and Qualification: The Act outlines the qualifications required for enrollment as an advocate and establishes a uniform qualification process for individuals seeking to practice law in India. It defines the roles and responsibilities of advocates, including their code of conduct and professional ethics.
Rights and Restrictions: It delineates the rights, privileges, and restrictions applicable to advocates. Advocates are entitled to practice law and appear before courts, but the Act also imposes disciplinary actions for professional misconduct or violation of ethical standards.
Legal Education Standards: The Act sets standards for legal education, including the approval and regulation of law schools and legal courses offered in India.
Uniformity in Legal Practice: It aims to ensure uniformity and consistency in legal practice and standards across the country, promoting a cohesive framework for the legal profession.
Repeal of Previous Legislation: The Act repealed earlier laws governing the legal profession, such as the Indian Bar Councils Act, 1926, and parts of the Legal Practitioners Act, 1879.
The Advocates Act of 1961 has played a pivotal role in shaping the legal landscape in India by establishing a structured framework for the legal profession, setting ethical standards, and providing guidelines for the admission and conduct of advocates practicing in the country
4.Advocates Amendment Bill, 2023
- The recent Bill has amended the 1961 Act by introducing a new stipulation immediately following Section 45, which specifies a penalty of six months of imprisonment for individuals unlawfully practicing in courts or before other authorities.
- The additional provision, Section 45A, empowers every High Court and district judge to formulate and publish catalogs of touts. However, no individual's name will be included in any such catalog until they have been given an opportunity to contest their inclusion.
- Moreover, any body authorized to compile lists of suspected or alleged touts can submit them to any lower court. Following an investigation into the behavior of these individuals, the lower court will afford them a chance to defend themselves. Subsequently, the lower court will report its findings to the initiating authority.
- If proven to be engaging in tout activities, the person's name will be added to the published list of touts, displayed in all courts. The court or judge has the discretion to prohibit anyone listed from entering court premises.
- Furthermore, this provision penalizes anyone functioning as a tout "while listed" with imprisonment for up to three months, a fine that may extend to five hundred rupees, or both.
- Section 45A in the recent Bill mirrors Section 36 of the 1879 Act, which was absent in the 1961 Act. This was the precise issue the new Bill aimed to rectify.
- The accompanying Statement of Objects and Reasons for the Bill asserts that this action aims to streamline the statute book by eliminating redundant laws. In adherence to the government's policy of abolishing obsolete or pre-independence Acts lacking utility, and after consulting the Bar Council of India, the government chose to repeal the Legal Practitioners Act and revise the Advocates Act
