The Advocate’s Act of 1961

Topics: Law, Lawyer, Common law Pages: 14 (3909 words) Published: April 23, 2012
Chanakya National Law University

The Advocate’s Act, 1961
A Research

Shivanshu Shekhar
Roll No: 615, 2nd Semester ( Section B)




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Any project completed or done in isolation is unthinkable. This project, although prepared by me, is a culmination of efforts of a lot of people. Firstly, I would like to thank our History Professor Dr. Priya Darshini for her valuable suggestions towards the making of this project. Further to that, I would also like to express my gratitude towards our seniors who were a lot of help for the completion of this project. The contributions made by my family and classmates and friends are, definitely, worth mentioning. I would like to express my gratitude towards the library staff for their help also. And at last but not least I would like to thank the almighty God for his grace upon me and everybody.




At the dawn of independence, the parliament of independent India was the forge where a document that will guide the young nation was being crafted. It will fall on the keen legal mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The Indian Bar had a role in the Independence movement that can hardly be overstated – that the tallest leaders of the movement across the political spectrum were lawyers is ample proof. The new nation saw its first leader in Jawaharlal Nehru, and a paternal figure in M. K. Gandhi, both exemplary lawyers. Perhaps it is the consequent understanding of law and its relation to society that prompted the founding fathers to devote the energy required to form a Constitution of unprecedented magnitude in both scope and length. The Constitution of India is the guiding light in all matters executive, legislative and judicial in the country. It is extensive and aims to be sensitive. The Constitution turned the direction of system originally introduced for perpetuation of colonial and imperial interests in India, firmly in the direction of social welfare. The Constitution explicitly and through judicial interpretation seeks to empower the weakest members of the society. India has an organic law as consequence of common law system. Through judicial pronouncements and legislative action, this has been fine-tuned for Indian conditions. The Indian legal system’s move towards a social justice paradigm, though undertook independently, can be seen to mirror the changes in other territories with common law system. From an artifice of the colonial masters, the Indian legal system has evolved as an essential ingredient of the world’s largest democracy and a crucial front in the battle to secure constitutional rights for every citizen. The present system of administration of justice owes its origin to the advent of British rule in India. In its structure and organisation the administration of justice in India as at present in vogue has the stamp of ‘Made in U.K’. The British system of justice is inconceivable without the barristers and solicitors. The entry of British in India towards the middle of eighteenth century ushered in a very significant development resulting in several systematic changes, 4

English Common Law and British Statutory Laws were to be made a part of Indian Legal System. It was Charter of 1774 which empowered the then existing courts to approve, admit, and enrol advocates and attorneys to plead and act on the behalf of suitors. The Indian Legal Profession proliferated as the western legal system struck deeper roots in India. More and more Indians adopted law as their career and started performing as well as their British counterparts did. Barrister’s qualification had the respectability of its own. A large number of Indians started going to Britain to get trained as barristers and then returned...
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