Question Details

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?

Options

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Show Answer

Correct Answer :

Option B

2 only

Solution :

The correct option is 2 only.

Let us analyze the statements step-by-step to understand why this option is correct:

Analysis of Statement 1:
Under the Advocates Act, 1961, an "advocate" is defined as a person entered in any roll under the provisions of the Act. While it is true that corporate lawyers and patent attorneys are not recognized as advocates unless they are enrolled with a State Bar Council, the statement claims that "Government law officers and legal firms are recognised as advocates". This is incorrect because legal firms are not recognized as advocates under the Advocates Act; only individual natural persons can be enrolled as advocates. Therefore, Statement 1 is incorrect.

Analysis of Statement 2:
Section 7(1)(h) of the Advocates Act, 1961, explicitly empowers the Bar Council of India (BCI) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils. Furthermore, Section 7(1)(i) gives the BCI the power to recognize Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities. Thus, Bar Councils (specifically the Bar Council of India) have the power to lay down rules relating to legal education and the recognition of law colleges. Therefore, Statement 2 is correct.

Conclusion: Since Statement 1 is incorrect and Statement 2 is correct, the correct option is 2 only.

Unlock Our Free Library

Access expert-curated educational resources and study materials—completely free.

Discover more resources

You may also like

Mock Tests

View All
  • CLAT
  • intermediate
  • 2 hours
  • current affairs, general knowledge, legal reasoning, logical reasoning, quant

  • CLAT
  • intermediate
  • 2 hours
  • current affairs, english, general knowledge, legal reasoning, logical reasoning, quant

Ask AI Tutor
5 left
Q1 View Question & Options
AI Tutor is solving this question...
Reading question context & options...