Question

UPSC Prelims 2022 Question:

With reference to India, consider the following statements:

  1. Government law officers and legal firms are recognized 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?

  1. 1. 1 only
  2. 2. 2 only
  3. 3. Both 1 and 2
  4. 4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 2: 2 only

Detailed Solution

Explanation: 

  • An Advocate is a person authorized to appear in a litigation on behalf of a party and who possess a law degree, enrolled with the Bar Council in accordance to the prescriptions laid by the Advocates Act, 1961. In this case, law firms are not recognised as advocates. A patent attorney is an individual who is entitled to deal with patent litigation by virtue of holding a law degree. A patent attorney or patent lawyer is an advocate. So, statement 1 is not correct.

  • Functions of Bar Councils include to promote legal education and to lay down standards of legal education. This is done in consultation with the Universities in India imparting legal education and the State Bar Councils. They also have the power to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities. So, statement 2 is correct.

Therefore option (2) is the correct answer.

Subject: Polity| Judiciary

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