Question map
With reference to India, consider the following statements : 1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates. 2. 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 ?
Explanation
The correct answer is Option 2.
Statement 1 is incorrect: Under the Advocates Act, 1961, and the Bar Council of India (BCI) Rules, an "advocate" is a person entered in any roll under the Act. While corporate lawyers and patent attorneys must be enrolled as advocates to practice law in courts, the statement wrongly suggests a rigid exclusion. More importantly, the Supreme Court has clarified that "advocates" include those performing legal work, and several categories of legal practitioners are recognized if they meet BCI criteria. There is no such statutory exclusion for patent attorneys if they possess the required legal qualifications.
Statement 2 is correct: Section 7(1)(h) and (i) of the Advocates Act, 1961, explicitly empowers the Bar Council of India to promote legal education and lay down standards for such education in consultation with Universities. It also grants the BCI the power to recognize Universities whose degrees in law shall be a qualification for enrollment as an advocate.
PROVENANCE & STUDY PATTERN
Guest previewStatement 2 is pure Laxmikanth (Chapter 69), making it a must-know static fact. Statement 1 is a 'Legal GK' bouncer derived from specific BCI rules and Supreme Court judgments (e.g., BCI v. A.K. Balaji). The strategy is to lock S2 immediately and use 'First Principles' to dismantle S1 (asking if a non-living 'firm' can be enrolled as an advocate).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: With reference to India, are government law officers recognized as "advocates" under the Advocates Act, 1961 or related statutes?
- Statement 2: With reference to India, are legal firms recognized as "advocates" under the Advocates Act, 1961?
- Statement 3: With reference to India, are corporate lawyers (in‑house counsel) excluded from recognition as "advocates" under the Advocates Act, 1961?
- Statement 4: With reference to India, are patent attorneys excluded from recognition as "advocates" under the Advocates Act, 1961?
- Statement 5: With reference to India, do Bar Councils have the statutory power to lay down rules relating to legal education and the recognition of law colleges?
- Directly states that government law officers are recognised as advocates.
- Explicitly distinguishes categories recognised as advocates from those excluded (corporate lawyers and patent attorneys).
- Shows the Advocates Act, 1961 is the statutory basis for regulation of the legal profession in India.
- Notes the Bar Council of India determines qualifications necessary to enroll as advocates, indicating recognition flows from the Act/BCI framework.
Contains an explicit test-item statement asserting (but not proving) that 'Government law officers and legal firms are recognised as advocates...' — showing this is a contested/asked point in standard sources.
A student could treat this as a hypothesis and check statutory/roll-enrolment criteria or authoritative Q&A (e.g., official BCI rules) to verify whether government law officers meet those criteria.
Defines 'Advocates' as persons whose names are entered on the roll of any State Bar Council under the Advocates Act, 1961.
One could check whether government law officers (Attorney-General, Advocate-General, government pleaders) are enrolled on State Bar Council rolls or are exempted, to infer recognition as 'advocates'.
States that the Advocates Act, 1961 provides for creation of the Bar Council of India and State Bar Councils — locating statutory machinery for recognition/registration of advocates.
Use this to focus research on BCI/SBC rules under the Advocates Act to see how 'recognition' is conferred and whether government law officers are included.
Explains that 'Senior Advocate' is a designation under the Advocates Act, showing that the Act governs professional statuses and designations among lawyers.
A student could examine whether government law officers can be designated (or must be enrolled as advocates) to hold such titles or perform advocacy functions.
Notes the Advocates Act provides for establishment of State Bar Councils (SBCs) for each state — indicating state-level control over enrolment/recognition.
One could inspect SBC rules or roll entries in specific states to see if holders of government law offices are entered as advocates or treated differently.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
Login with Google to unlock all statements.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
Login with Google to unlock all statements.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
Login with Google to unlock all statements.
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