Report No. 14
61. Summary of Conclusions.-
Our conclusions regarding the legal profession can be summarised as follows-
(1) The existence of proper standards in the Bar is essential for the efficient administration of justice.
(2) In recent years, there has been a fall in the efficiency of the Bar and in the quality of the new entrants to the profession.
(3) The recommendations of the All-India Bar Committee for the creation of a unified All-India Bar should be implemented.
(4) Further recruitment of non-graduate pleaders and mukhtars should cease.
(5) The requirement of a certain number of years' practice in the High Court for enrolment as a Supreme Court advocate should be dispensed with.
(6) An advocate on the Common Roll should have the right to practise in all Courts in India from the highest to the lowest.
(7) It should be made clear that this right to practise does not include the right to act on the Original Sides of the High Courts of Calcutta and Bombay so long as the dual system is maintained there.
(8) The dual system should continue on the Original Sides of the Calcutta and Bombay High Courts.
(9) A modified dual system should be introduced in the Supreme Court to improve the efficiency of its Bar.
(10) The Bar should be divided into senior advocates and advocates.
(11) The Chief Justice and the Judges of a High Court or the Supreme Court (the Full Court) should invite advocates of at least ten years' standing to place themselves on the list of seniors, after satisfying themselves that the advocate invited deserves the distinction by virtue of his ability, status and reputation at the Bar.
(12) Those who accept the invitation will be styled as senior advocates and will have preaudience over all other advocates.
(13) Senior advocates will be under an obligation not to do drafting work of any kind or advise on evidence. They may, however, settle pleadings and affidavits which have been drawn by an advocate who is not a senior.
(14) Further, senior advocates cannot appear in any Court or in any cause unless they are briefed with an advocate not in the list of seniors.
(15) Provisions should be made by statute for dividing the Bar into senior advocates and advocates and for imposing restrictions on the nature of work that can be done by a senior.
(16) Such a division will lessen adjournments caused by concentration of work in the hands of a few lawyers, and by bettering the lot of the juniors, serve to attract a better type of men into the profession.
(17) The rules of the Bar Associations or the Bar Councils should fix the relative fees to be paid to a senior advocate and the advocate who appears with him.
(18) The State should not charge any fee for the enrolment of advocates.
(19) An enrolment fee of Rs. 125 may, however, be charged by the State Bar Council from each entrant and out of this Rs. 25 should be paid by the State Bar Council to the All-India Bar Council.
(20) The recommendations of the All-India Bar Committee with regard to the establishment, composition and functions of the State and All-India Bar Councils should be implemented.
(21) If Judges are nominated by the Supreme Court and the High Courts to the Bar Councils they should be Advocates-Judges.
(22) The Bar Councils should elect their own Chairman and provisions such as that the Advocate-General or a Judge should be the ex-officio Chairman are inappropriate.
(23) The establishment of a separate Bar Council for the Supreme Court is unnecessary.
(24) Wherever there are different Bar Associations in the same Court they should be merged into one.
(25) The evil of touting is widely prevalent in some parts of the country and steps should be taken to put an end to it.
(26) The legal profession is itself Chiefly responsible for the existence of touts and the advocate who employs a tout should be deemed guilty of a crime and be punished. The law should be amended for that purpose.
(27) Bar Associations and Bar Councils should frame rules enabling them to post persons known to act as touts as undesirable persons on their notice boards.
(28) Any member of the Bar found associating with persons so posted should be excluded from the membership of the Association.
(29) Members of the Bar should not shirk from the unpleasant task of giving evidence against their fellow-members guilty of undesirable practices.
Annexure 11
Name of the State |
Advocates |
Pleaders Grade I |
Pleaders Grade II |
Pleaders Grade III |
Vakils Class I |
Vakils Class II |
Mukhtars Class I |
Mukhtars Class II |
Attorneys. |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Andhra Pradesh |
4184 |
907 |
164 |
28 |
N.A. |
N.A. |
N.A. |
N.A. |
N.A. |
Assam |
276 |
473(A) |
Nil |
Nil |
Nil |
Nil |
171(B) |
Nil |
Nil |
Bihar |
801 |
3976 |
Nil |
Nil |
Nil |
Nil |
1409 |
Nil |
Nil |
Bombay |
7253(C) |
7338(C) |
44 |
Nil |
101 |
361 |
4 |
5 |
410 |
Kerala |
3558 |
281 |
277 |
N.A |
60(D) |
.. |
23(B) |
.. |
.. |
Madhya Pradesh |
1361 |
1853(E) |
.. |
.. |
.. |
.. |
109(B ) |
.. |
.. |
Madras |
4545 |
814 |
66 |
.. |
214(F) |
.. |
.. |
.. |
40 |
Mysore |
2759 |
1708 |
59 |
11 |
1(D) |
Nil |
3(B) |
Nil |
.. |
Orissa |
258 |
685 |
34 |
97 |
1 |
.. |
126(B |
120 |
.. |
Punjab |
1841 |
1657(A) |
.. |
.. |
.. |
.. |
2 |
.. |
.. |
Rajasthan |
1127 |
1183 |
136 |
.. |
.. |
.. |
.. |
.. |
.. |
Uttar Pradesh |
1754 |
7187(A) |
.. |
.. |
.. |
.. |
1613(B) |
.. |
650 |
West Bengal |
3119 |
3634(A) |
... |
.. |
.. |
.. |
1795(B) |
.. |
650 |
Union territories |
|||||||||
Tripura |
39 |
68 |
78 |
.. |
.. |
.. |
.. |
.. |
.. |
Manipur |
18 |
10 |
.. |
.. |
.. |
.. |
1 |
.. |
.. |
Himachal Pradesh |
104 |
120 |
18 |
.. |
.. |
.. |
.. |
.. |
.. |
Supreme Court |
Senior Advocates |
Junior Advocates |
Advocates Record |
||||||
342 |
1965 |
220 |
Notes.- (A) Details as to how many come under Grade I and how many under Grade not shown.
(B) Details as to many come under Class I and how many under Class II not shown.
(C) These figures show the strength after reorganisation of States.
(D) Details as to how many come under Class I and how many under Class II not given.
(E) This figure includes Vakils.
(F) There are High Court Vakils entitled to be enrolled as Advocates on paying a fee of Rs. 10 to the Bar Council.
N.A.= Not Available.
Annexure II
Bombay Bar Association
Following are the rules applicable to members on the Senior list of the Bar Association:-
(i) They will not draft any pleading.
(ii) They will not settle any pleading, unless it is drawn by an advocate not on the list of Senior Advocates.
(iii) They will not ordinarily appear in chambers, except on a Summons for Judgment, or on motions. They will be, however, entitled to appear in chambers or on motions where a brief is offered to them by a Solicitor on the ground that the matter involved is of exceptional difficulty or considerable importance.
(iv) They will not appear in Short Causes where a short cause is ex-parte or where an application has to be made or resisted for the transfer of the suit to the list of Long Causes, in undefended long causes, in undefended Commercial Causes and in matters placed on board for a Consent Decree except when minors are concerned.
(v) They will not appear in any Commercial Cause. Testamentary suit or Long Cause unless an advocate not on the list of Senior Advocates is briefed along with him.
(iv) That the Advocate who has drawn the pleading referred to in sub-rule (ii) and the Advocate required to be briefed along with him under sub-rule (v) shall be junior in standing to him in reference to the roll of advocates maintained under the Indian Bar Council's Act.
The above rules will not apply to any matter in any appeal from the Original Side of the High Court.
