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UPSC Prelims 2022 · Polity · Judiciary
With reference to India, consider the following statements:
- Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
- Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer and explanation
Answer: (b) 2 only
Bar Councils regulate legal education; the list of “recognised advocates” in 1 is wrong.
Statement by statement
1. ✗ WRONG Government law officers, corporate lawyers, law firms and patent attorneys are all outside the Advocates Act’s idea of “advocate” as enrolled court practitioners. The statement wrongly splits them into two groups.
2. ✓ CORRECT The Bar Council of India, under the Advocates Act, 1961, sets standards of legal education and recognises universities and law colleges whose degrees qualify for enrolment.
The idea
An advocate is a law graduate enrolled with a State Bar Council and entitled to practise in courts. A lawyer is anyone with a law degree. Many legal professionals (in-house counsel, law firm partners, government law officers) are lawyers but do not practise as advocates.
Why the others are wrong
(a) Statement 1 wrongly counts government law officers and law firms as advocates.
(c) Statement 1 fails.
(d) Statement 2 is straight from the Advocates Act, 1961.
The trap
The first half of statement 1 is detailed and confident, which makes it feel authoritative. The split it draws does not exist.
🔒 Advocates Act 1961 · Bar Council of India = professional conduct + legal education + recognition of law colleges · advocate = enrolled court practitioner.