UPSC Prelims 2022 Q12: Indian Polity – Judiciary
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?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only
Explanation
Advocates and Bar Councils — Advocates Act, 1961
| Statement | Verdict | Reason |
|---|---|---|
| 1. Govt law officers and legal firms are advocates; corporate lawyers and patent attorneys are excluded | Wrong | Recognition depends on enrolment with a State Bar Council, not job type. Law firms are not enrolled as advocates (only individuals are), and corporate lawyers can enrol |
| 2. Bar Councils lay down rules on legal education and recognise law colleges | Correct | Section 7 gives the Bar Council of India power to set standards of legal education and recognise universities and law colleges |
Bar Council of India (BCI):
| Function | Detail |
|---|---|
| Professional conduct | Lays down standards and etiquette |
| Legal education | Recognises law degrees and colleges |
| Enrolment exam | Conducts the All India Bar Examination (AIBE) |
| Disciplinary appeals | Hears appeals from State Bar Councils |
Answer: (b) 2 only.
Why each option is right or wrong
- (a) Incorrect. Statement 1 is false; advocate status depends on Bar Council enrolment, not the type of legal work.
- (b) CORRECT. The Bar Council of India sets standards of legal education and recognises law colleges.
- (c) Incorrect. Statement 1 is false, so 'both' fails.
- (d) Incorrect. Statement 2 is true under Section 7 of the Advocates Act.
Key point
Advocates Act 1961: advocate = individual enrolled with a State Bar Council; BCI sets legal education standards and recognises law colleges.
Remember
Bar Councils lay down legal education standards and recognise law colleges.
Common mistakes
- Thinking law firms can be advocates; only individuals enrol.
- Believing job type (corporate, government) decides recognition; enrolment does.
- Forgetting that the BCI, not the UGC, recognises law degrees for enrolment.
Exam tip
Advocate = enrolled person. Ignore job titles in the statement.
Sources
- Advocates Act, 1961 — Sections 7, 24, 29
- Bar Council of India — Rules of Legal Education, 2008