INTRODUCTION
An Advocate is a professional or an expert in the field of law. In India each state has its own Bar Council whose role is to register the Advocates who are willing to practice. He/she is a person who is deemed to be a responsible person in society
According to Sec 2(a) of the Advocates Act, 1961, advocate means an advocate entered in any roll[1] under the provisions of this Act.
In layman language, it means a law graduate[2] which can be termed as a legal practitioner[3].
It is esteemed that every person has rights and duties to be designated.
Right means legal, social, or ethical principles of freedom or entitlement i.e. rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory.
BACKGROUND
Over the last 25 years, advocacy rights have played a crucial role in broadening the concept of what people with rights can accomplish. This advocacy rights has been instrumental in shaping new images of people with prominent rights. In emphasizing individual independence and empowerment since the beginning of the various movements in the early 1970s, advocates have tried to manifest that providing rights to advocates are vital part of society.
Before the establishment of Advocates act, 1961, various Acts were been enacted in the interest of public and many provisions of the Act itself were amended too.
The main section of the Advocate act, 1961 came into effect on 1st June when enacted as a response to the demand for unification of the Bar by a legal practitioner.
Special provision to attorney was also provided under Advocates Act but was omitted by the amendment.
LEGAL PROVISIONS
Various Acts have been formed in order to consolidate the law relating to legal practitioners and to not deprive any of their rights as provided to them.
Provisions for rights are provided under various legislations such as:-
- Advocates Act, 1961
- Constitution of India, 1949
- Legal Practitioners Act, 1879
Also through various judgments also, these rights were taken into effect such as:-
- It was observed in the case of Sampath Kumar v. Bar Council of India[4], the right to practice as an advocate is merely a statutory right and not a fundamental right.
- It was held in the case of Praveen Pandey v. The State of Madhya Pradesh[5], that if the advocate has been restrained from doing legal work, then it will be termed as a violation of their right as also mentioned under Art 19(1)(g) of the constitution.
- In the case of Ramnath Lathi v. State of Madhya Pradesh[6], provides that an advocate who does not suffer disqualification has the right to plead.
RIGHTS OF ADVOCATES
Various rights that are provided to the advocates are listed below:-
- Sec 30 of Advocates Act – the right of Advocate to practice – it means an exclusive right given to advocates to practice law before courts and tribunals. (specific protection)
- Section 33 of the Advocates Act confers an exclusive and monopoly right on the enrolled advocate or pleader to plead and practice in a Court of law.
- Sec 23 of Advocates Act – right of pre audience – it means that an advocate can represent or present his client in the court of law till when he/she wants to speaks in the front of the audience and cannot be stopped until he disturbs the decorum of court.
- Sec 26A of Advocates Act – Has the power to remove their name from roll at request to the state bar council.
- Right to plead – this right is provided to advocates to prove his/her innocence against the false disqualifications charged upon them.
- Article 19(1)(g) – the right of individuals to practice of their own choice. (fundamental right)
- Sec 55 of the Legal Practitioners Act,1879 – saves the rights of certain legal practitioners such as, pleaders, vakils, attorneys, mukhtars and revenue agents, who shall continue to enjoy the same rights to practice.
- Article 177 provides with the rights of the advocate General to speaker otherwise take in part in the proceedings of the state Legislature or any committee of the Legislature of which he may be a member of.
CONCLUSION
It is been seen that the Advocates Act which is the primitive act in mentioning the rights of an advocate is an elaborative act dealing in various aspects in relation to the legal profession and it is prominent to state that according to the Section 29 to 34 of the Advocate Act, 1961, Practicing is a right of Advocates.
These were all rights as provided to the advocates so that individuals who are the protectors of the law of the country are not deprived of their rights. Also, with the rights duties are also given to the law practitioners.
It may, however, be noted that the Advocates Act, 1961, came into existence over four decades back, but still, Section 30 of this Act, is not enforced[7].
In view of the above provisions, it is crystal clear that nobody, except an advocate who is enrolled with the State Bar Council, can argue a case before the Hon’ble Supreme Court, High Court, Tribunal, Appellate Authority, Assessing Authority, or person, and cannot practice the profession of law either in litigious as well as non-litigious matters with beholding their rights.
But our research topic revolves around the mentioning of the rights of an advocate.
[1] means a roll of advocates prepared and maintained under this Act
[2] “law graduate” means a person who has obtained a bachelor’s degree in law from any University established by law in India.
[3] “Legal practitioner” means an advocate [or Vakil] or any High Court, a pleader, Mukhtar or revenue agent.
[4] (1994) 2 MLJ 651
[5] Writ Petition No. 8078/2018
[6] 1997 (1) MPLJ 579
[7]https://legalpoint-india.blogspot.com/2016/02/rights-of-advocate-in-india.html
This Article Written by Shrishti Sharma, 3rd year BBA LLB Student of Delhi Metropolitan Education, Noida affiliated to GGSIPU.
Also Read: The Duties of an Advocate towards his Client
