Month: September 2018

The Power of Law And Its Practitioners

The judicial structure in India is of three tiered nature. The first step is the district courts which are situated in various districts of India. Delhi was recognized as a distinct legal entity by the Proclamation Notification no. 911 on 17.09.1912. By the proclamation it came under the management of Governor General of India in council. The first Chief Commissioner of Delhi became Mr. William Malcolm Hailey, C.I.E., I.C.S. After this, for enforcing the existing laws in Delhi, the Delhi Laws Act, 1912 was enacted.

Part V, Chapter IV of the Constitution of India establishes The Supreme Court of India as the highest judicial forum. It is the final court of appeal, situated in Capital of India- New Delhi. Supreme Court acts as the watchdog of our constitution. The Supreme Court deals with two kinds of jurisdiction: original jurisdiction and appellate jurisdiction.

Under original jurisdiction of Supreme Court falls, disputes between states, or union and states and petitions involving infringement of fundamental rights. It also takes up appeals against the judgments of High Courts.

The 1961 law minister Ashoke Kumar Sen, was instrumental in passing of the Advocates Act. The Bar Council of India is responsible for its administration and enforcement. According to this act, Bar council of India is the supreme body to regulate the legal profession in India. In addition to being professionals, advocates are also officers of the courts. A vital role is played by them in the administration of justice. Advocates Act thus is a set of rules which should bind the law bearers and remind them of the duty they have towards the court, their clients and fellow advocates. advocates in delhi also abide by these rules and regulations.

There is a two fold process for being entitled to practice in India. The first step is that the applicant must be a law graduate from a recognized institution. The lists of such institutions are maintained by Bar Council of India for which it maintains an Internal Committee. In the second step, the law graduate to qualify as an advocate has to qualify the enforcement criteria laid by the council. Thus all the delhi advocates have also gone through the same two fold process.

Apart from the central Bar Council of India, there exists in each state a separate Bar council. Advocates are to register themselves with the bar councils and have to observe territorial confinement. However, registration doesn't restrict the advocates to appear in any court of India. Thus Delhi advocates can appear in Chennai high court or Guwahati high court.

In India, all advocates are recognized at the same level. Seniority is the basis of conferral of the title of senior advocate, which is on the basis of the duration of practice. Other factor affecting it is specialization in a particular field of law by the advocates. Apart from fame and status the Senior Advocates are requi8red to maintain higher standards of discipline, apart from some distinct rules. The senior advocates in Delhi also are bind to follow higher standards of conduct. Also they cannot interact directly with clients. From 2010 onwards lawyers are to pass the AIBE (All India Bar Exam) to qualify as an advocate. As a result advocates in Delhi, who passed from 2009-10 onwards have mandatorily passed the AIBE.

For an advocate to be appointed as a judge in high courts and Supreme Court, he/she must be having an experience of practicing law for at least ten years at high court or Supreme Court.