UPSC Prelims 2022 GS Paper I · Q12 of 98 Polity & Governance medium

With reference to India, consider the following statements : 1. Government law officers and legal firms are recognised 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. (a) 1 only
  2. (b) 2 only ✓ UPSC's answer
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Why the answer is (b)

• Under the Advocates Act, 1961 an 'advocate' is an individual enrolled with a State Bar Council; corporate lawyers and patent attorneys who hold law degrees can enrol and be recognised, while legal firms as entities are not 'advocates' — so statement 1 is wrong on both counts.

• Statement 2 is correct: Section 7 of the Act empowers the Bar Council of India to promote legal education, lay down standards in consultation with universities, and recognise universities and law colleges whose degrees qualify for enrolment.

• The BCI's Legal Education Rules, 2008 govern the five-year and three-year LL.B. programmes.

• Hence 2 only, option (b).

Why the other options are wrong

(a) 1 only
Statement 1 is wrong: firms are not advocates and enrolled corporate lawyers are.
(c) Both 1 and 2
Statement 1 is wrong, so both cannot be correct.
(d) Neither 1 nor 2
Statement 2 is correct: the BCI regulates legal education.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2022, held on 5 June 2022. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

Reading the answer is not the same as getting it right under a clock. Practise this question with UPSC's negative marking, and anything you miss goes into an error notebook until you get it right twice.

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