By- Shaurya Raj
Published on: May 17, 2022 at 09:30 IST
Introduction
Advocates play a critical role in the administration of justice. Advocates assist people in resolving their grievances and obtaining their rights, and as a result, they have earned the trust of the public over time.
The religious metaphor “A lawyer is and must always be the high priest at the shrine of justice” represents the American Bar Association’s perspective of the lawyer’s special position in the administration of justice as envisioned in the first national code of legal ethics in the United States.
The religious metaphor was established in the context of seeing courts as “Sanctuaries of Justice” and attorneys as “Ministers of justice robed in the priestly vestments of truth, honor, and honesty.” Even in a secular environment, the remark conveys the essence of an advocate’s position in the system of societal justice administration.
The Preamble of India’s Constitution guarantees all citizens of the country social, economic, and political fairness. Articles 14 and 16 of the Indian Constitution impose an implied responsibility on the state to ensure that no one is denied legal help due to economic or other handicap, and that all citizens of the country get equal justice.
Article 39-A stipulates that the State offer free legal aid through appropriate legislation or schemes or in any other way to ensure that no citizen’s right to justice is denied due to economic or other impairments.
Article 39-A contains essential principles that impose an obligation on the state to ensure that the legal system functions in a way that promotes justice for all citizens, particularly the poor and disenfranchised.
Despite this constitutional duty, the poor continue to be denied adequate legal representation for a long time after independence. The Supreme Court commented on the sorry position of the impoverished in Husssainara Kathoon vs. Home Secretary, State of Bihar:
“We may also take this opportunity of impressing upon the Government of India as also the State Governments, the urgent necessity of introducing a dynamic and comprehensive legal service programme with a view to reaching justice to the common man. Today, unfortunately, in our country the poor are priced out of the judicial system with the result that they are losing faith in the capacity of our legal system to bring about changes in their life conditions and to deliver justice to them. The poor in their contact with legal system have always been on the wrong side of the law. They have always come across ‘law for the poor’ rather than ‘law of the poor'”
Enactment of laws offering free legal assistance
Following the above constitutional obligations and instructions of the Supreme Court, the Legal Authority Act was enacted in 1987, providing free legal assistance where it benefits. Section 12 of the law sets out the standards for the provision of legal services.
Legal services are defined in Section 2 (c) of the Act and include the provision of services in the conduct of proceedings or other legal proceedings in courts or other judicial authorities, and the provision of advice on legal matters increase.
The law also promotes the purpose of legal assistance to the poor, provides legal services to individuals who meet the standards set out in the law and implements preventative and strategic legal assistance programs.
Create various state and county agencies. Legal services have many aspects and are needed at various stages to receive advice and resolve disputes in courts, arbitral tribunals, or other legal departments.
Role of Advocates
The legal profession is monopolistic in character, and this monopoly itself is inherent in certain high traditions to be upheld and respected by its members. The legal profession is a profession of honour and a lawyer is an officer of the law and a friend of the court.
It is an integral part of the administration of justice. From time immemorial, the legal obligation on lawyers to take up the case of a poor litigant without compensation, if required by the court, has been recognized not only in our country and in England, but also in the United States and other countries.
In practice, however, lawyers were used only in serious criminal cases and some civil cases. An attorney’s important position in bankruptcy administration even makes him or her responsible for making sure the law is available to all. Rule 46 of the Indian Bar Association in Part VI relating to professional conduct and etiquette recalls the obligations lawyers have to society.
The Rule
When exercising the legal profession, every lawyer must take into account that everyone who needs a lawyer is entitled to legal aid, even if they cannot pay it in full or sufficiently, namely within the framework of the economic circumstances a lawyer, free legal aid for the needy and oppressed is one of the highest obligations an advocate has to society.
To guarantee justice to the poor and marginalized sections of society, an advocate must provide legal assistance even when they are unable to serve you to pay at all or fairly for their services.
In fact, the minimum duty expected of a lawyer is to play their part sincerely in the implementation of the various legal aid regimes available in the Legal Services Authorities Act 1, whether it be providing legal aid to the poor and marginalized sections of the population or promoting ion legal competence , or facilitating the Dispute resolution by Lok Adalats.
The role of lawyers in the implementation of these systems becomes essential since the legal profession is a monopoly and the various legal aid systems within the law can only be put into operation by the lawyers.
The Advocates Act, 1961
Lawyers are an integral part of the judiciary. They are also part of court proceedings. Therefore, lawyers have certain duties that must be fulfilled for the proper functioning of the justice system.
The duties of legal professionals have been laid down in various laws over the years beginning with the Bengal Permanent Establishment Regulations of 1793. Over time the legal system has evolved and the scope of legal professionals has also grown.
In 1923 the All India Bar Committee was formed with the main task of filling the gaps in the legal system. In 1961, following the recommendations of the All India Bar Committee, the Advocates Act was enacted. This extended to all of India with the exception of Jammu and Kashmir.
The main purpose of the law was to regulate the professional ethics of a lawyer in India. Because of this law, the Bar Council of India and the State Bar Council of India were established. This law recognizes only one category, namely Advocates. Section 2(1) of this law states that a lawyer means that any person who satisfies the requirements required by this law is a lawyer.
Article 24 of the Lawyers Act specifies the necessary requirements for registering as a lawyer.
- The person is a citizen of India.
- Has completed 21 years of age.
- Has obtained a degree in law after 12th March 1967, after completing a three-year course in law from a recognized University in India.
- Currently, a person wanting to get enrolled as an advocate must pass the All India Bar Council exam.
In V. Sudeer vs. Bar Council of India and Anr the Court held that a person may register as advocate only under the rules or conditions set out in Section 24 of the Act and not on the basis of any other factors. However, the candidate must pass the bar exam.
Section 32 of Advocates Act in context of free legal aid
Legal Aid is a concept in India that provides legal aid to people who are economically disadvantaged in society or live in rural areas where they have no access to courts.
This concept corresponds to Article 14 of the Indian Constitution which guarantees all citizens of India equality before the law. In addition, Article 39A of the Indian Constitution guarantees free legal aid to those in need.
It states that the legal system promotes justice based on equal opportunities and must offer free legal aid in all forms to ensure equal opportunities for all citizens.
Rule 46, Section 6 of the Indian Bar Association states that in exercising the right, every lawyer must bear in mind that any person may need a lawyer and it is the duty of the lawyer to give legal assistance without seeking any type of legal advice from a lawyer.
Conclusion
The Indian Constitution establishes the duty of attorneys to provide free legal aid to the needy and poor. The Constitution has also guaranteed the right to practice any profession or profession within the territory of India.
But on that basis, anyone who does not have the right knowledge or skills for that particular job should not take it.
The Constitution guarantees citizens their rights, but with appropriate limitations. Therefore, when it comes to allowing a non-lawyer to appear in court under Section 32 of the Defenders Act, there are certain restrictions that prevent a non-lawyer from attending court.
Finally, the Defenders Act 1961 is a great addition to the Indian legal system. The law has brought integration into the context of promotion in India.
Edited by: Tanvee Jain, Publisher, Law Insider