Clinical Legal Education (CLE) is more than just a means of learning about law and the legal profession. Clinical Legal Education should be developed and implemented to give law students a more comprehensive and relevant understanding of the law. The subjects to be taught in a clinical course or programme can be given in traditional classes, and the clinical teaching approach can be used in courses outside the usual clinical subject areas.

Clinical Legal Education has its origins in India’s legal aid and legal education reform movements. In India, formal legal education began in 1855. Numerous commissions and committees have been established to promote clinical legal education. Legal education has progressed through several phases.

In this law article, we discuss the nature, need, characteristics, advantages, and disadvantages of Clinical Legal Education.

Nature of Clinical Legal Education

Clinical Legal Education is practical training in the genuine sense of the term. It is concerned with the social value of the law. The legal profession’s professional nature necessitates problem-solving training. Law schools have now established legal aid centres or programmes to provide clinical legal education.

Certain components of traditional educational approaches, such as Moot Court and practical training under the supervision of lawyers, are also included in this education. Clinical Legal Education is a valuable instrument for law students to gain practical experience with lawyering skills and to provide legal services to the underprivileged. It covers various components of the legal procedure, such as negotiation and counselling.

Clinical education includes interviewing, fieldwork, a literacy programme, and Lok Adalat. It also includes crucial features such as social interest litigation and moot trial self-learning. For a long time, students were unable to put what they had learned in class into reality. Attachment programmes, which force law students to attach themselves to a lawyer and the courts for legal assistance in exchange for practical experience, have recently been implemented in the course. As part of their training, they are expected to take a more systematic approach, such as Lok Adalat, legal literacy programmes, professional ethics, Moot Court, drafting, and so on.

Need for Clinical Legal Education

Before the Advocate Act, law students were required to complete procedural subjects and obtain practical training. Practical training can be obtained for up to a year under an apprenticeship in a senior advocate’s chamber. Practical or procedural subjects like CPC, CrPC, and Evidence Act were lecture-based, with no practical or clinical activity for the students.

Clinical Legal Education was never mentioned in the literature. In these functional fields of jurisprudence, the significant gap between law in the books and law in practice will be brought to light, notably through the use of the empirical research technique.

The issue of how to strike a balance in the curriculum between traditional legal courses and the newly emerging functional field of legal activity to prepare future lawyers for a wide variety of duties will continue to be a concern for legal educators worldwide.

In 1982, the Bar Council of India reformed legal education. Even though practical training became a requirement of the LL.B programme, no defined methodology or material was provided.

The nature of society is determined by the values taught in any educational institution. When taught in any educational institution, the study of the law becomes a passive monologue when it is devoid of social meaning and separated from the reality of human existence. The practice of law is the subject of clinical legal education. The separation between legal education and the legal profession is the reason behind this.

In political and economic change, the legal system plays an important role. A mix of professionalism and value-oriented conventional knowledge is required for effective legal education.

Judges, lawyers, and anyone with relevant experience are invited to participate. Teachers must illustrate how courts work, how a government entity functions, and how to prepare plaints, written statements, decrees, and other necessary documents in clinical legal education. The legal process, negotiation, and counselling are all part of this.

Clinical educators are in a unique position, and as a result of that position, they have a special responsibility to bridge the gap between law and its traditional conservatism and the frankly pragmatic, spiritual idealism of many of its practitioners, including the future lawyers who sit at the feet of clinical educators/professors/trainers for several years of law school.

The professional nature of legal education necessitates a greater focus on the practical side of the law. The doctrinal method of teaching essential ideas through statutes and court decisions is insufficient in the current setting. Law must be conceived in the framework of social dynamics and analyzed in the context of social dynamics. This necessitates a wide range of techniques and skills from legally trained individuals, the teaching of which should be a goal of legal education, whether in the form of a profession or otherwise. More than ever before, lawyers and other legal professionals need to be able to create policies, evaluate them, and integrate them into the social process.

Characteristics of Clinical Legal Education

1. Clinical Legal Education and clinical teaching methodologies are two different things. They are so intertwined that they are hardly talked about independently.

2. A clinical methodology can be used to teach a theoretical subject, and a traditional teaching technique can be used to teach a clinical course subject.

3. Learning through doing, or teaching through students’ direct participation in various aspects of the legal process under faculty leadership and supervision, is the most common description of this clinical style.

4. Its worth is frequently emphasized in terms of providing students with a deeper grasp of the function and job of lawyers than can be achieved in the classroom.

5. Clinical technique, like legal education, is not a novel notion in medical education. Medical students learn diagnosis and treatment strategies through doing during their internship. As juniors in law school, students learn procedural law under the supervision of lawyers.

6. The clinical methodology’s ultimate purpose is to include students in real-life situations, allowing them to make their own decisions while being informed of how the legal system works.

Advantages of Clinical Legal Education

1. Practical Approach: It takes a unique approach to learning the law. It includes learning as well as experimentation. The scope of the client’s problem is determined, and recommendations are made. It instils confidence in students by emphasizing that their achievement is based on their efforts rather than external forces. It enables pupils to explain why they are acting in specific ways and discuss and reevaluate their choices. Students can dig deeper into legal and social issues.

2. Inspiration and growth of students: Students are self-disciplined and dedicated to their studies. Students are more accountable than previous generations.

3. Acquiring skills: A lawyer’s ability to acquire certain abilities is critical. Clinical Legal Education is centred on a hands-on approach, which aids in the development of skills. Skills like research, communication, client and witness interviews, counselling, drafting, negotiating, and problem-solving, among others, may be required. These abilities are crucial for a lawyer.

4. Professional ethics and responsibility: Ethics, as well as the professional responsibility and conduct of lawyers, must be studied. Clinical Legal Education now incorporates practical training, which has increased in recent years.

5. Involvement with the local community: By making the law school more relevant to the community, a law clinic can help to eliminate isolation. It can provide residents with guidance and assistance, as well as aid in the reduction of isolation. There are numerous advantages to this. Students may also be able to comprehend the challenges of people from various generations and backgrounds. This experience can help them have a better knowledge of other people’s perspectives in society, as well as maturity and a sense of responsibility.

Must Read (Case about advocate fees and ethics): B. Sunitha vs State of Telangana – Case Explained

Disadvantages of Clinical Legal Education

1. The Clinic’s integration into the law school: There is a risk that the clinic may become an isolated outpost of the law school rather than being integrated into its mainstream activities. To avoid students becoming distracted from the rest of their legal education, it is critical to establish obvious ties between substantive law courses and clinic work.

2. Resources: Extra resources must be dedicated to the clinic’s education and administration. This can be a source of frustration for traditional academics who are less involved in skills training, and it’s another reason why support and participation in the law school’s clinic are required. The difficulties imposed by the large caseload may have a negative impact on both staff and students’ morale. If the clinic has an open-door policy and tries to handle all cases that come in off the street, resources can be stretched even further. As a result, access must be restricted in some way.

3. Supervisory and assessment difficulties: Supervising students in the clinic is a demanding endeavour. It is critical to integrate quality assurance tests into the supervision system.

4. Relationship with the local legal profession: Some may be concerned that a legal clinic providing free legal services will jeopardize the law school’s relationship with the local bar.

Conclusion

Clinical Legal Education is practical training in the genuine sense of the term. It is concerned with the value of law in society. The legal profession’s professional nature necessitates problem-solving practice. Law schools now provide clinical legal education by establishing legal aid centres or projects. Certain parts of traditional educational approaches, such as Moot Court and practical training under the supervision of lawyers, are also part of this education. Clinical Legal Education is an important instrument for law students to gain practical experience with lawyering abilities and to provide legal services to the underprivileged.

Read Next:
1. 9 Best Novels for Law Students and Advocates
2. Different Duties of an Advocate
3. Art of Cross-Examination in Court

Need for Clinical Legal Education – Characteristics, Advantages, and Disadvantages
Dinesh Verma

The profession of a lawyer is such where you’ll have to read many books. As soon you enter law school, you are asked to read books, research papers, journals, etc. Reading books give you theoretical knowledge, add exciting facts to your mind, and keep you motivated.

A person in the legal field must have a reading habit, and novels are the best companions that can help you build a reading habit along with providing some practical knowledge that will help you in your law career. None of your college books can give you this knowledge that will be of significant importance in surviving law school life.

Now, the question comes what to read? In this post, you’ll learn about nine exciting novels that every law student, advocate, judge, and person in the legal field should read.

1. About Law: An Introduction – Tony Honoré

By the name, can you figure out the reason for keeping this book on the top of the must-read novels for law students? It is because About Law by Tony Honoré gives the basic meaning of the law.

Any student pursuing law or who wants to pursue law must read this book first. It will help you understand what exactly law is and how it works.

About Law is not a lengthy book. It is short and simple. After reading this book, you will surely understand a lot about the law that you might not have understood till now.

See About Law on Amazon

2. Justice: What’s the Right Thing to Do? – Michael J. Sandel

As suggested by the name of this book, it talks about justice. This book contains various theories and philosophies related to justice.

In addition to people in the legal field, anyone of any age group can read this book to get answers to questions, such as:

• Is lying always wrong?
• Is killing someone wrong in every situation? etc.

The most exciting feature of this book is that it has attempted to answer such questions of people, which revolve around their minds related to law and justice. The author talks about democracy, equal rights, euthanasia, abortions, and more.

See Justice: What’s the Right Thing to Do on Amazon

3. Law School Confidential – Robert H. Miller

Law School Confidential by Robert H. Miller is for your constant support – from when you are thinking of entering a law school until you appear for the Bar Council exam.

Law School Confidential is the most comprehensive and detailed book that shares all the experiences at every stage of law school, and you might relate to it if you are already in a law school.

This book has three editions, and the latest edition tells everything about surviving in a law school, from taking admission, financial aid, exam strategies to securing a job.

See Law School Confidential on Amazon

4. Tomorrow’s Lawyers – Richard Susskind

Tomorrow’s Lawyers by Richard Susskind is the novel that will give you recent insights into law. It talks about the transformation in the legal world due to the COVID pandemic, such as virtual hearings, online filing, e-forms, online practices.

You can read this book to know the future of law. Isn’t it interesting that you can read the future of law today itself, which will help you prepare yourself in the same way as the law demands in the future?

See Tomorrow’s Lawyers on Amazon

5. Letters to a Law Student – Nicholas McBride

Letters to a Law Student by Nicholas McBride tells you how to succeed as a law student. The author in this book has tried to answer the most common questions of law students, such as what students of law do, how to earn the highest grades in exams, tips for dealing with the difficulties of law school, etc.

Letters to a Law Student will give you advice related to almost every phase of your law school life. Even the students who are thinking of pursuing law can read this book as it will help them get answers to most of the questions revolving in their minds.

See Letters to a Law Student on Amazon

6. One L – Scott Turow

One L by Scott Turow tells the struggle of a student in the first year of Harvard Law School. This book can be read by anyone worried about going into law school. Reading One L inspires students and tells them how to tackle such problems that may come up in law school.

See One L on Amazon

7. 24 Hours With 24 Lawyers – Jasper Kim

While writing 24 Hours with 24 Lawyers, Jasper Kim, the author, had spent 24 hours with 24 lawyers to let the readers know the career prospects in law. 24 Hours with 24 Lawyers will tell you about various career options in law, which will help you select the one that suits you.

You can read this book at any point in your law school life, and it will guide you to achieve the career that suits you the best.

See 24 Hours with 24 Lawyers on Amazon

8. Winning Arguments – Jay Heinrichs

The life of a lawyer is all about winning arguments and presenting the arguments so that it looks correct, even if it is not correct, to save the client. Winning Arguments by Jay Heinrichs will help you frame and structure the statements in the best possible manner.

See Winning Arguments on Amazon

9. Before Memory Fades – Fali S. Nariman

The author of Before Memory Fades, Mr Fali S. Nariman, was a former Supreme Court lawyer and well-known jurist. In his book, he discusses a wide range of critical topics, including the integrity of the Indian Constitution and attempts made to tamper it. The author talks about restoring the credibility of the legal profession that has become low. Before Memory Fades is, without a doubt, one of the most significant legal books you’ll ever read.

See Before Memory Fades on Amazon

Read Next:
1. 4 Lessons for Law Students From “To Kill a Mockingbird”
2. Need for Clinical Legal Education – Characteristics, Advantages, and Disadvantages

Disclaimer: When you buy something on Amazon using the links in this post, WritingLaw may earn a tiny commission without you having to pay anything extra.

9 Best Novels for Law Students and Advocates
Anushka Saxena

Art of Cross-Examination

Chapter X of the Evidence Act, 1872 deals with the examination and cross-examination of witnesses before the court of law. The relevant sections are Section 136 to Section 166 of the Evidence Act. Section 137 tells about examination-in-chief and cross-examination of a witness.

Examination of a Witness in Court

Examination-in-chief: The examination of a witness who calls him.

After examination-in-chief, the examination of the witness by an opposite party is called cross-examination.

The examination of a witness subsequent to cross-examination is called re-examination.

The re-examination can be made to explain a matter stated in examination-in-chief, and if some new matter is narrated in the re-examination, the adverse party can again cross-examine about new matters.

Leading question is mentioned in Section 141 of the Indian Evidence Act. Any question suggesting an answer that the person putting it wishes or expects to receive is called a leading question.

Motive of Cross-Examination

The art of cross-examination is the most effective weapon for the discovery of truth, provided the objective is not to confound a truthful witness but to extract the truth from an unwilling witness.

Unfortunately, trials in this country don’t take place in the manner that they are required to be conducted. One witness or half the witness is examined today, and then the same witness comes after three months when examination in chief is over and forgotten, then the lawyer is supposed to cross-examine. It serves no purpose at all.

If you put so much interval between examination and cross-examination, the fellow goes and gets his best advice and gets ready for cross-examination. It happens almost invariably now. That is the state.

Effective Cross-Examination

Cross-examination needs humour, imagination, confidence, and bearing (self-control and patience).

There are no fixed questions for cross-examination. Questions to cross-examine a witness vary from case to case and man to man.

The age, position, status, expression in court, experience, qualification, expertise, etc., are subject to cross-examination. Questions get changed as per the response of the witness on the spot. The testimony of the child witness usually is not believed without corroboration because he can be tutored. But the testimony of an adult man, if reliable, is sufficient to convict an accused.

Can a Party Cross-Examine His Witness?

Yes, when a witness turns hostile (Section 154 of the Indian Evidence Act) and makes a statement against the party who calls him, he can be cross-examined by his own party with the court’s permission.

Preparation for Cross-Examination

1. The defence lawyer should prepare himself for cross-examination in advance. He should read the whole challan, FIR, police statements, seizure memo, forensic report, and all police documents.

2. He should also know the ingredients of the offence with which the accused is charged.

3. He should also prepare his defence in the case so that he will be ready to point out omissions and contradictions during examination in chief.

Remember that if a defence lawyer fails to point out ‘omission and contradiction’ during his cross-examination, then he will not be allowed to point this out in the future. So be careful at this point as it is the biggest art.

In case the witness is re-examined in the future, the defence lawyer will have the opportunity to cross-examine the witness to the point of omission and contradiction.

In cross-examination, the truthfulness of the witness is challenged by asking questions about his status in life, his previous conduct, his previous conduct of conviction, etc.

Some Effective Tips for Cross-Examination

1. Please keep it simple.
2. Keep it short.
3. Only ask questions that help you.
4. Avoid open-ended questions.
5. You should know when to quit.
6. Build perfect timings for a sensible move.

Read Next:
1. Advocates Act, 1961
2. 5 Types of Court Opinions and Their Significance
3. What Is Court Demeanour and the Tips to Maintain It?

Art of Cross-Examination in Court
Arushi

Indian Bar Councils Act, 1926 BARE ACT

An Act to provide for the constitution of Bar Councils and for other purposes.
Whereas it is expedient to provide for the constitution and incorporation of Bar Councils for certain Courts to confer powers and impose duties on such Bar Councils, and to consolidate and amend the law relating to legal practitioners entitled to practise in such Courts;
It is hereby enacted as follows-

CHAPTER I – PRELIMINARY

1. Short title, extent and application-

(1) This Act may be called the Indian Bar Councils Act, 1926.

DOWNLOAD PDF FOR INDIAN BAR COUNCILS ACT, 1926

(2) It extends to the whole of India except the State of Jammu and Kashmir, and shall apply to the High Court of every State other than the State of Jammu and Kashmir and also to such Judicial Commissioners Courts in Union territories as the Central Government may, by notification in the Official Gazette, declare to be High Courts to which this Act applies.

2. Interpretation-

(1) In this Act, unless there is anything repugnant in the subject or context,-
(a) “advocate” means an advocate entered in the roll of advocates of a High Court under the provisions of this Act;

(b) “Advocate- General” includes, where there is no Advocate General, the Government Advocate and, where there is no Advocate General or Government Advocate, such officer as the State Government may declare to be the Advocate General for the purposes of this Act;

(c) “High Court” means a High Court to which this Act applies; and

(d) “prescribed” means prescribed by rules made under this Act.

(2) 2 In this Act “the State Government” means, in relation to any High Court, the State Government of the State in which the High Court has its principal seat.

CHAPTER II – CONSTITUTION OF BAR COUNCILS

3. Constitution and incorporation of Bar Councils-

(1) For every High Court a Bar Council shall be constituted in the manner hereinafter provided.

(2) Every Bar Council so constituted shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the name of the Bar Council of the High Court for which it has been constituted sue and be sued.

4. Composition of Bar Councils-

(1) Every Bar Council shall consist of fifteen members, of whom-
(a) one shall be the Advocate General;

(b) four shall be persons nominated by the High Court, of whom not more than two may be Judges of that Court; and

(c) ten shall be elected by the advocates of the High Court from amongst their number.

(2) the elected members of every Bar Council not less than five shall be persons who have for not less than ten years been entitled as of right to practise in the High Court for which the Bar Council has been constituted.

Explanation- For the purpose of election to the Bar Council for the High Court of Gujarat, the period of ten years aforesaid shall be computed after taking into account the period for which the person concerned was entitled as of right to practise in the High Court of Bombay or of Saurashtra or in the Judicial Commissioner’s Court of Kutch before the 1st day of May, 1960.

(3) Of the elected members of the Bar Councils to be constituted for the High Courts of Judicature at Fort William in Bengal and at Bombay such proportion as the High Court may direct in each case shall be persons who have, for such minimum period as the High Court may determine, been entitled to practise in the High Court in the exercise of its original jurisdiction, and such number as may be fixed by the High Court out of the said proportion shall be barristers of England or Ireland or members of the Faculty of Advocates in Scotland.

(4) There shall be a Chairman and Vice Chairman of each Bar Council elected by the Council in such manner as may be prescribed:
Provided that the Advocates General of West Bengal, Madras Maharashtra and Gujarat shall be Chairmen ex officio, respectively, of the Bar Councils constituted for the High Courts of those States.

5. Special provisions regarding constitution of first Bar Councils-

(1) Notwithstanding anything contained in clause (c) of sub-section (1) of section 4, the elected members of the first Bar Council constituted under this Act for any High Court shall be elected by and from amongst the advocates, vakils and pleaders who are on the date of the election entitled as of right to practise in the High Court.

(2) The terms of office of the nominated and elected members of any such first Bar Council shall be three years from the date of the first meeting of the Council.

6. Power to make rules regarding constitution and procedure of Bar Councils-

(1) Rules, consistent with this Act, may be made to provide for the following matters, namely-
(a) the manner in which elections of members of the Bar Council shall be held; the method of determining, in accordance with the provisions of sub-sections (2) and (3) of section 4, the candidates who shall be declared to have been elected; the manner in which the result of elections shall be published; and the manner in which and the authority by which doubts and disputes as to the validity of an election shall be finally decided;

(b) the terms of office of nominated and elected members of the Council;

(c) the filling of casual vacancies in the Council;

(d) the convening of meetings of the Council, and the quorum necessary for the transaction of business thereat;

(e) the manner of election and the respective terms of office of the Chairman, in cases where the Chairman is to be elected, and of the Vice-Chairman; and

(f) any matter incidental or ancillary to any of the foregoing matters.

(2) The first rules under this section shall be made by the High Court, but the Bar Council may thereafter, with the previous sanction of the High Court, add to, amend or rescind any rules so made.

(3) No election of a member or members to the Council shall be called in question on the ground that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date fixed for the election has, not less than thirty days before that date, been published in the Official Gazette of the State, or of each State, as the case may be, in which the High Court exercises jurisdiction.

(4) Rules made under clause (b) of sub-section (1) may provide for the retirement of members from office by rotation and for the manner in which the order of such retirement shall be determined.

7. Power of Bar Council to make bye-laws-

The Bar Council may make bye-laws consistent with this Act and any rules made thereunder to provide for any of the following matters, namely-
(a) the appointment of such ministerial officers and servants as the Bar Council may deem necessary, and the pay and allowances and other conditions of service of such officers and servants; and

(b) the appointment and constitution of Committees of the Council, the procedure of such Committees, and the determination of the powers or duties of the Council which may be delegated to such Committees.

CHAPTER III – ADMISSION AND ENROLMENT OF ADVOCATES

8. Enrolment of advocates-

(1) No person shall be entitled as of right to practise in any High Court, unless his name is entered in the roll of the advocates of the High Court maintained under this Act:
Provided that nothing in this sub- section shall apply to any attorney of the High Court.

1. So much of the section as relates to the admission and enrolment of legal practitioners repealed by the Advocates Act, 1961 (25 of 1961 ), s. 50 (2) (w. e. f. 1- 12- 1961 )

(2) The High Court shall prepare and maintain a roll of advocates of the High Court in which shall be entered the names of-
(a) all persons who were, as advocates, vakils or pleaders, entitled as of right to practise in the High Court immediately before the date on which this section comes into force in respect thereof; and

(b) all other persons who have been admitted to be advocates of the High Court under this Act:
Provided that such persons shall have paid in respect of enrolment the stamp- duty, if any, chargeable under the Indian Stamp Act, 1899, and a fee, payable to the Bar Council, which shall be ten rupees in the case of the persons referred to in clause (a), and in other cases such amount as may be prescribed.

(3) Entries in the roll shall be made in the order of seniority, and such seniority shall be determined as follows, namely-
(a) all such persons as are referred to in clause (a) of sub-section (2) shall be entered first in the order in which they were respectively entitled to seniority inter se immediately before the date on which this section comes into force in respect of the High Court; and

(b) the seniority of any other person admitted to be an advocate of the High Court under this Act after that date shall be determined by the date of his admission or, if he is a barrister, by the date of his admission or the date on which he was called to the Bar, whichever date is earlier:
Provided that, for the purposes of clause (b), the seniority of a person who before his admission to be an advocate was entitled as of right to practise in another High Court shall be determined by the date on which he became so entitled.

(4) The respective rights of pre-audience of advocates of the High Court shall be determined by seniority:
Provided that the Advocate-General shall have pre-audience over all other advocates.

(5) The High Court shall issue a certificate of enrolment to every person enrolled under this section.

(6) The High Court shall send to the Bar Council a copy of the roll as prepared under this section, and shall thereafter communicate to the Bar Council all alterations in, and additions to, the roll as soon as the same have been made.

(7) The Bar Council shall enter in the copy of the roll all alterations and additions so communicated to it.

9. Qualifications and admission of advocates-

(1) The Bar Council may, with the previous sanction of the High Court, make rules to regulate the admission of persons to be advocates of the High Court:
Provided that such rules shall not limit or in any way affect the power of the High Court to refuse admission to any person at its discretion.

(2) In particular and without prejudice to the generality of the foregoing power, such rules shall provide for the following matters, namely-
(a) the qualifications to be possessed by persons applying for admission as advocates;

(b) the form and manner in which applications shall be made to the High Court for admission;

(c) the giving of notice by the High Court to the Bar Council of all such applications;

(d) the hearing by the High Court of any objection preferred on behalf of the Bar Council to the admission of any applicant; and

(e) the charging of fees payable to the Bar Council in respect of enrolment.

(3) Rules made under this section shall provide that no woman shall be disqualified for admission to be an advocate by reason only of her sex.

(4) Nothing in this section or in any other provision of this Act shall be deemed to limit or in any way affect the powers of the High Courts of Judicature at Fort William in Bengal and at Bombay to prescribe the qualifications to be possessed by persons applying to practise in those High Courts respectively in the exercise of their original jurisdiction or the powers of those High Courts to grant or refuse, as they think fit, any such applications 1 or to prescribe the conditions under which such person shall be entitled to practise or plead.

CHAPTER IV – MISCONDUCT

10. Punishment of advocate for misconduct-

Repealed by the Advocates Act, 1961 (25 of 1961 ), s. 50 (4) (w. e. f. 1- 9- 1963 ).

11. Tribunal of Bar Council-

Repealed by the Advocates Act, 1961 s. 50 (4)

12. Procedure in inquiries-

Repealed by the Advocates Act, 1961, s. 50 (4)

13. Powers of the Tribunal and Courts in inquires-

Repealed by the Advocates Act, 1961, s. 50 (4)

CHAPTER V – MISCELLANEOUS

14. Right of advocates to practise-

(1) An advocate shall be entitled as of right to practise-
(a) subject to the provisions of sub-section (4) of section 9, in the High Court of which he is an advocate, and

(b) save as otherwise provided by sub-section (2) or by or under any other law for the time being in force in any other Court 2 and before any other Tribunal or person legally authorized to take evidence, and

(c) before any other authority or person before whom such advocate is by or under the law for the time being in force entitled to practise.

(2) Where rules have been made by any High Court within the meaning of clause (24) of section 3 of the General Clauses Act, 1897, or in the case of a High Court for which a Bar Council has been constituted under this Act, by such Bar Council under section 15, regulating the conditions subject to which advocates of other High Courts may be permitted to practise in the High Court, such advocates shall not be entitled to practise therein otherwise than subject to such conditions.

(3) Nothing in this section shall be deemed to limit or in any way affect the power of the High Court of Judicature at Fort William in Bengal or of the High Court of Judicature at Bombay to make rules determining the persons who shall be entitled respectively to plead and to act in the High Court in the exercise of its original jurisdiction.

15. General power of Bar Councils to make rules-

A Bar Council may, with the previous sanction of the High Court for which it is constituted, make rules consistent with this Act to provide for and regulate any of the following matters, namely-
(a) the rights and duties of the advocates of the High Court and their discipline and professional conduct;

(b) the conditions subject to which advocates of other High Courts may be permitted to practise in the High Court;

(c) the giving of facilities for legal education and training and the holding and conduct of examinations by the Bar Council;

(d) the charging of fees payable to the Bar Council in respect of the enjoyment of educational facilities provided, or of the right to appear at examinations held, by the Bar Council;

(e) the investment and management of the funds of the Bar Council; and

(f) any other matter in respect of which the High Court may require rules to be made under this section.

16. Power to fix fees payable as costs-

The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’ s advocate upon all proceedings in the High Court or in any Court subordinate thereto.

17. Indemnity against legal proceedings-

No suit or other legal proceeding shall lie against a Bar Council or any Committee, Tribunal or member of a Bar Council for any act in good faith done or intended to be done in pursuance of the provisions of this act or of any rule made thereunder.

18. Publication of rules-

All rules made under this Act shall be published in the Official Gazette of the State, or of each State, as the case may be, in which the High Court by which or with whose sanction the rules are made exercises jurisdiction.

19. Amendment of enactments, etc-

(1) When sections 8 to 16 come into force in respect of any High Court, any enactment mentioned in the first column of the Schedule which is in force in any State in which the High Court exercises jurisdiction shall, for the purpose of its application to that State, be amended to the extent and in the manner specified in the second column of the Schedule.

(2) When sections 8 to 16 come into force in respect of any High Court of Judicature established by Letters Patent, this Act shall have effect in respect of such Court not-with-standing anything contained in such letters, patent, and such letters, patent shall, in so far as they are inconsistent with this Act or any rules made thereunder, be deemed to have been repealed.

(3) When sections 8 to 16 come into force in respect of the High Court of Judicature at Bombay, the Bombay Pleaders’ Act, 1920 (Bom. Act 17 of 1920 ) except Section 7 thereof, shall cease to apply to or in respect of any person enrolled as an advocate of the High Court under this Act, and nothing in that Act shall be deemed to authorize the admission or enrolment of any person as a vakil or pleader of the High Court.

(4) When this Act has come into force in respect of any High Court, any provision of any other enactment or any order, scheme, rule, form or bye-law made thereunder, which was before that date applicable to advocates, vakils or pleaders entitled to practise in such High Court shall, unless such a construction is repugnant to the context or to any provision made by or under this Act, be construed as applying to advocates of the High Court enrolled under this Act.

20. Transitional provision regarding certain Bar Councils affected by States’ reorganisation-

(1) The Bar Councils for the High Courts of the States of Bombay, Madhya Pradesh, Mysore, Punjab, Rajasthan and Travancore-Cochin functioning immediately before the 1st day of November, 1956 , shall be deemed to be the Bar Councils for the High Courts of the corresponding new States of Bombay, Madhya Pradesh, Mysore, Punjab, Rajasthan and Kerala, respectively.

(2) As from the said day-
(a) the Bar Councils for the High Courts of Hyderabad and Saurashtra shall stand dissolved, and

(b) the assets and liabilities of the Bar Council for the High Court of Hyderabad shall stand transferred to, the Bar Councils for the High Courts of Andhra Pradesh, Bombay and Mysore and be divided among them in such proportion as may be agreed upon, and in default of such agreement, in the proportion of 57:16:27.81:14:58.

Advocates Act, 1961

Indian Bar Councils Act, 1926
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