Current Affairs

Source: Allahabad High Court

Why in News?

Recently a bench of Justice Mohd. Faiz Alam Khan held that the suspension of an advocate's license to practice law would cause an injury of irreparable character, as it would affect his clientage/profession as well as reputation.

• The Allahabad High Court gave this observation in the case of Siddha Nath Pathak and Another v. State of Uttar Pradesh.

What was the Background of Siddha Nath Pathak and Another v. State of Uttar Pradesh Case?

• Accused is a practicing advocate at the Civil Courts in Faizabad/Ayodhya.
• He was convicted along with others by the trial court in Sessions Trial No. 288 of 2014 for offences under Sections 147, 148, 323, 308, and 452 of the Indian Penal Code, 1860 (IPC).
• A relative of the informant filed a complaint against the advocate before the Bar Council of Uttar Pradesh for cancellation of his registration (license to practice law) based on his conviction.
• The Bar Council of Uttar Pradesh issued a notice to advocate based on the complaint.

What were the Court’s Observations?

• The suspension of license of the appellant advocate, practicing at Civil Court, Faizabad/Ayodhya, would adversely affect him financially and socially.
• Considering the specific circumstance that appellant is a practicing advocate, and the suspension of his license would cause irreparable injury to his profession and reputation, the court deemed it appropriate to stay his conviction.
• Therefore, the conviction of appellant, as recorded by the impugned judgment dated 16^th March 2023 in Sessions Trial No. 288 of 2014, was ordered to remain stayed/suspended till the next date of listing, to prevent irreparable injury to his advocacy practice due to potential suspension of his license.

Who is an Advocate?

• Advocates in India:
  • The Advocates Act, 1961 governs the regulation and enrollment of advocates in India.
• Definition of an Advocate:
  • As per Section 2(a) of the Advocates Act, 1961, an "advocate" means a person whose name is entered in the roll of advocates maintained by a State Bar Council under the provisions of the Act.
• Qualifications for Enrollment as an Advocate:

Section 24 of the Act lays down the qualifications required for enrollment as an advocate on a State roll:

• • Indian citizenship (with provision for foreign nationals if reciprocal rights exist)
  • Minimum age of 21 years
  • Possession of a law degree from an Indian university or a recognized foreign qualification in law
  • Payment of prescribed enrollment fees
  • Fulfillment of any other conditions specified by the State Bar Council
• Role and Duties of an Advocate:

Advocates play a major role in the administration of justice by representing clients in courts, tribunals, and other judicial forums. Their duties include:

• • Providing legal advice and counseling
  • Drafting legal documents and pleadings
  • Representing clients in court proceedings
  • Conducting legal research and analysis
  • Negotiating settlements and alternative dispute resolution
• Professional Ethics and Conduct:
  • Advocates are bound by the rules of professional conduct and etiquette prescribed by the Bar Council of India and the respective State Bar Councils.
  • These rules govern their ethical behavior, professional responsibilities, and interactions with clients, courts, and other advocates.
    

    Differences
    Term	Definition
    Advocate	A person enrolled on the roll of advocates maintained by a State Bar Council under the Advocates Act, 1961.
    Law Graduate	A person who has obtained a bachelor's degree in law from a recognized university in India, as defined in Section 2(h) of the Advocates Act, 1961.
    Legal Practitioner	A broad term that includes advocates, vakils of any High Court, pleaders, mukhtars, and revenue agents, as per Section 2(i) of the Advocates Act, 1961.
    Pleader	As per Section 2(q) of the Code of Criminal Procedure (CrPC), a person authorized by law to practice in a particular court, or any other person appointed by the court with its permission to act in a specific proceeding.