Legal Practice In India
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Legal Practice In India
Legal practice in India is governed by the Advocates Act 1961; an act passed by the Indian Parliament which provides for laws relating to legal practitioners in India and for the constitution of the Bar Council of India (BCI) and state bar councils. Under the powers granted in the Act, the BCI has made rules known as BCI rules which lay down rules for practice, legal education and professional ethics. Advocates Act 1961 replaced the earlier Indian Bar Councils Act, 1926. History Before the Advocates Act 1961, there had existed various professions. The Pleaders, Mukhtars and Revenue Agents Act was passed in 1865, followed by the Legal Practitioners Act in 1879, the Indian Bar Councils Act in 1926 and the Advocates Act in 1961. Bar Council of India Rules The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was created by Parliament under the Advocates Act, 1961. It prescribes standards of professional conduct, etiquette and exercises discipli ...
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Parliament Of India
The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president of India, President of the Republic of India, in their role as head of the legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha, but they can exercise these powers only upon the advice of the prime minister of India, Prime Minister of the Republic of India and the Union Council of Ministers. Those elected or nominated (by the president) to either house of the Parliament are referred to as member of Parliament (India), members of Parliament (MPs). The member of Parliament, Lok Sabha, members of parliament in the Lok Sabha are direct election, directly elected by the voting of Indian citizens in single-member districts and the member of Parliame ...
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Bar Council Of India
Bar Council of India (BCI) is a statutory body established under section 4 of the Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and represent the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to universities whose law degrees will qualify students to enrol themselves as advocates upon graduation. History In March 1953, the 'All India Bar Committee', headed by S. R. Das, submitted a report that proposed the creation of a bar council for each state and an all-India bar council as an apex body. It was suggested that the All India Bar Council would regulate the legal profession and set the standard of legal education. The Law Commission of India was assigned the job of assembling a report on judicial administration reforms and helping Indi ...
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States And Union Territories Of India
India is a federalism, federal union comprising 28 federated state, states and 8 union territory, union territories, for a total of 36 subnational entities. The states and union territories are further subdivided into 800 List of districts in India, districts and smaller administrative divisions of India, administrative divisions by the respective subnational government. The states of India are self-governing administrative divisions, each having a State governments of India, state government. The governing powers of the states are shared between the state government and the Government of India, union government. On the other hand, the union territories are directly governed by the union government. History 1876–1919 The British Raj was a very complex political entity consisting of various imperial divisions and states and territories of varying autonomy. At the time of its establishment in 1876, it was made up of 584 princely state, constituent states and the prov ...
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Statutory Body
A statutory body or statutory authority is a body set up by law (statute) that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being Primary and secondary legislation, empowered or delegated to set rules (for example regulations or Statutory instrument, statutory instruments) in their field. They are typically found in countries which are governed by a Westminster system, British style of parliamentary democracy such as the United Kingdom and the Commonwealth of Nations, Commonwealth countries like Australia, Canada, India and New Zealand. They are also found in Hong Kong, Israel and elsewhere. Statutory authorities may also be statutory corporation, statutory corporations, if created as a body corporate. Australia Definitions Federal statutory authorities are established under the ''PGPA Act 2013''. "A statutory authority is a generic term for an authorisation by Parliament given to a person or group of people to exercis ...
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Professional Conduct
Professional conduct is the field of regulation of members of professional bodies, either acting under statutory or contractual powers. Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal authority for which was of a contractual nature. These bodies commonly established codes of conduct and ethical codes for the guidance of their members. In certain areas, where the public interest is considered to be heavily engaged, legislation has been enacted, either replacing professional regulation by statutory legislation, or by a form of supervision of the professional body by a statutory body. European Union The Council of Bars and Law Societies of Europe (CCBE) is the representative organisation of European lawyers through its member bars and law societies from 31 full member countries, and 11 further associate and observer countries. The CCBE has issued a Charter of core principles of the European legal profession and Code o ...
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Etiquette
Etiquette ( /ˈɛtikɛt, -kɪt/) can be defined as a set of norms of personal behavior in polite society, usually occurring in the form of an ethical code of the expected and accepted social behaviors that accord with the conventions and norms observed and practiced by a society, a social class, or a social group. In modern English usage, the French word ''étiquette'' (label and tag) dates from the year 1750 and also originates from the French word for "ticket," possibly symbolizing a person’s entry into society through proper behavior. There are many important historical figures that have helped to shape the meaning of the term as well as provide varying perspectives. History In , the Ancient Egyptian vizier Ptahhotep wrote '' The Maxims of Ptahhotep'' (), a didactic book of precepts extolling civil virtues such as truthfulness, self-control, and kindness towards other people. Recurrent thematic motifs in the maxims include learning by listening to other people, ...
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Legal Education
Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law. Legal education can take the form of a variety of programs, including: * Primary degrees in law, which may be studied at either undergraduate or graduate level depending on the country. * Advanced academic degrees in law, such as masters and doctoral degrees. * Practice or training courses, which prospective lawyers are required to pass in some countries before they may enter practice. * Applied or specialised law accreditation, which are less formal than degree programs but which pr ...
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