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Key Highlights: Advocate’s Right to Practice in India

 



Examining the Advocate’s Legal Right to Practice

 

Introduction

The legal profession plays a crucial role in upholding justice, protecting individual rights, and ensuring the rule of law in society. But what exactly gives an advocate the right to practice law in India? This blog explores the source, scope, and protection of an advocate’s legal right to practice, while also highlighting the responsibilities that come with it.

 

What Does the "Right to Practice" Mean?

The "right to practice" refers to an advocate’s statutory and constitutional entitlement to appear before courts, advise clients, and represent them in legal matters. This right is not a privilege granted by favor—it is a legally recognized and protected right under Indian law.

 

Legal Framework Governing Advocates in India

The right of an advocate to practice law in India is governed primarily by:

1. The Advocates Act,

This is the central law that regulates the legal profession in India.

  • Section 29: Only enrolled advocates have the exclusive right to practice law in India.
  • Section 30: Confers the right to practice before all courts, tribunals, and authorities.
  • Section 33: No one other than an advocate can appear as a legal practitioner before a court or authority.

2. Bar Council of India (BCI)

The BCI regulates legal education, professional conduct, and ensures that advocates meet ethical standards. Enrolment with a State Bar Council and a Certificate of Practice issued by the BCI are essential for lawful practice.

Constitutional Backing

Though not explicitly listed as a fundamental right, the Supreme Court of India has recognised the right to practice law as a profession under Article 19(1)(g) of the Constitution, which guarantees the right to practice any profession or carry on any occupation, trade, or business.

However, like all rights under Article 19, this is subject to reasonable restrictions imposed by the state in the interest of the general public.

 

Key Judicial Interpretations

1. V. Sudeer v. Bar Council of India (1999)

Held that once a person is enrolled with a State Bar Council, they are entitled to practice law unless disqualified by law.

2. Supreme Court Bar Association v. Union of India (1998)

Clarified that the Supreme Court has disciplinary powers over advocates practicing before it, reinforcing that the right to practice is subject to discipline and regulation.

Conditions and Restrictions

While advocates have a clear legal right to practice, there are certain conditions they must meet:

  • Must possess a recognized law degree
  • Must be enrolled with a State Bar Council
  • Must obtain and periodically renew the Certificate of Practice
  • Must abide by the BCI’s rules, including ethical conduct, dress code, and courtroom behaviour

Advocates can also be suspended or disqualified for professional misconduct under the Advocates Act.

Challenges and Considerations

  • Fake practitioners and lack of regular verification by bar councils have raised concerns over who is truly authorized to practice.
  • The push for a uniform bar exam (All India Bar Examination – AIBE) aims to ensure a basic standard across the profession.
  • Practice in multiple states is allowed, but advocates must comply with local court rules and etiquettes.

Conclusion

The legal right to practice is both a privilege and a responsibility. For an advocate, it means more than just appearing in court—it signifies a duty to uphold the law, maintain professional integrity, and ensure justice is served. At R.K. Bhandari & Co., we understand the significance of this right and stand committed to upholding the highest standards of legal practice and ethics.

 


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