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⇨ Under the Advocates Act, of 1961, Advocates are the only recognized class of persons entitled to practice law.
⇨ Thus, In India, the term "advocate" typically refers to individuals who are licensed to practice law and represent clients in court.
⇨ Government Law Officers:
⇨ Government law officers such as public prosecutors and attorneys general represent the government in legal matters. While they play a significant role in the legal system, they are not typically referred to as "advocates."
⇨ Legal Firms:
⇨ Law firms are organizations comprising groups of lawyers working together to provide legal services to clients. While individual lawyers within law firms may be advocates, the term "legal firm" itself does not usually refer to advocates.
⇨ Corporate Lawyers:
⇨ Corporate lawyers provide legal services to businesses and corporations. While they practice law, they are not commonly referred to as "advocates" unless they also hold the appropriate license to represent clients in court.
⇨ Patent Attorneys:
⇨ Patent attorneys specialize in intellectual property law and specifically handle patent-related matters. Like corporate lawyers, they may engage in legal practice but are not always recognized as "advocates" unless they have the necessary credentials to appear in court on behalf of clients.
⇨ Therefore, "advocates" enrolled in Bar Councils enjoy an exclusive monopoly on the right to practice law in all courts, tribunals, and other jurisdictions in India.
⇨ The Bar Council of India was established as a statutory body by Parliament under the Advocates Act, of 1961.
⇨ Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
⇨ Important Note:
⇨ "Indira Jaising vs. Union of India" case:
⇨ India's first woman Senior Advocate Indira Jaising filed a petition in the Supreme Court challenging the existing process of designation of a senior advocate.
⇨ In another case:
⇨ Ms. Indira Jaising challenged the constitutionality of certain provisions in P.I.L, alleging that they violated the principles of natural justice, due process, and the separation of powers.
⇨ Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2023:
⇨ Lawyers who have been practicing for at least 10 years and who are 45 years old or above can apply for the designation.
⇨ No age limit for candidates who are directly nominated by the Chief Justice of India or any other Supreme Court judge.
