With reference to India, consider the following statements:
- Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
- 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?
Ans (b) 2 only
No citizen, other than an advocate, has the right to appear, act, or plead in court. In India, the term “legal professionals” refers only to those “advocates” who are law graduates and have been enrolled in State Bar Councils (SBCs). A patent attorney is a person who has a law degree, is qualified to deal with patent disputes and is registered with a State Bar Council as an advocate who can handle patent litigation. Patent attorneys are too recognized as lawyers, and there is no prohibition on their recognition as lawyers. Hence, Statement 1 is incorrect.
The Bar Council of India is a statutory body established under section 4 of the Advocates Act 1961 that regulates legal education and legal practice in India. The Bar Council of India visits and inspects Universities/Law colleges in the country as part of its statutory function of promoting legal education and laying down standards in consultation with the Universities in India and the State Bar Councils. Statement 2 is correct.