The Rights of an Advocate are provided under Sections 29 to 34 of Part IV in Advocates Act, 1961. The rights and duties of an advocate in India are governed by the Advocates Act, 1961. The Advocates Act, 1961 is introduced by Ashok Kumar Sen, then the Law Minister of India. This Act was passed by the Parliament of India and is under control and implemented by the Bar Council India.
The Bar Council of India is a constitutional body and is the chief administrative body that manages the whole legal system and administration of law in India.
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| Rights of an Advocate |
The advocate is an expert and professional in the field of law. The advocates who are enrolled are entitled to practice in the field of law. In this post, we will see the various rights of an advocate.
Rights of an Advocate
There are 6 rights of an advocate which are provided under Sections 29 to 34 of Part IV in the Advocates Act, 1961. These are;
- Right to pre-audience
- Right to practice
- Right to enter any court in India
- Right against arrest
- Right to meet an accused person
- Right of Fee
- Right Concerning Vakalatnama
- Other Privileges to Advocate
1. Right to Pre-audience
The right to pre-audience is governed under section 23 of the Advocates Act, 1961. As per this section, it means the advocate has the right to be heard before another is heard this is termed as Right to Pre-audience.
To understand this in a better way, we are giving a hierarchy of the system. As per this hierarchy, the rights are available to the Advocates.
- Attorney General
- Solicitor General
- Additional Solicitor General
- Second Additional Solicitor General
- Advocate General of India
- Advocate General of Any State
- Senior Advocates
- Other Advocates
So, as per this hierarchy, the Attorney General has the right to pre-audience to all over the Advocates, and like-wise the advocate general of state has the right to pre-audience to all senior and other Advocates of the State.
Furthermore, as per this section, the advocate has the right to represent his client in the court and can speak before the court and the audience seated in the courtroom. Also, the advocate can not be interrupted from speaking in the court unless and until the advocate violates professional ethics or disregards the decency of the court.
2. Right to practice
The right to practice in the legal profession is the term that refers to the advocates having the exclusive right given to the advocates to practice the law before the courts and tribunals. Further, the right to practice in the legal profession is protected in two categories i.e. General Protection and Specific Protection;
General Protection
The general protection to the advocate has been provided under Article 19 (1) (g) of the Constitution of India. This article states that every person has a right to practice any profession or to maintain any occupation, trade or business.
Here, this article protects the rights of every individual to practice any profession or to maintain any occupation, business or trade of their choice.
Specific Protection
The specific protection to the advocates with the right to practice in the legal profession has been given under section 30 of the Advocates Act, 1961. As per this section, every advocate whose name is registered or enrolled in the State Bar Council has the right to practice in all the courts, or tribunals of that State and when the advocate clears the All India Bar Examination (AIBE) then the advocate can practice in any court in India.
3. Right to enter any court in India
As per section 30 of the Advocates Act, 1961, all the advocates whose name is registered or enrolled in the Bar Council of India are entitled to practice in any court or tribunal in India. And, therefore, the advocates have the right to enter into any court or tribunal. Hence, the advocate can enter into any court or tribunal and seats in the courtroom to observe the proceedings.
4. Right against arrest
Section 135 of the Civil Procedure Code, 1908 says that the advocate should not be arrested in the cases of civil in nature while he is going to the court or returning from the court, or presiding in the court but can be arrested in the cases of contempt of court and criminal offences.
5. Right to meet an accused person
The advocate has a right to meet his client who is arrested and kept in jail. The advocate can meet the accused directly in the jail and as many times as the advocate wants to meet an accused there is no bar on that and no one can take any objection. Even the advocate can meet his client daily in the jail but is subjected to limited to some duration of time only and not the whole day.
As per Section 126 of the Indian Evidence Act, 1872, the communication between the advocate and his client is professional communication and such professional communication shall not be revealed by any other person.
6. Right of Fee
As per Rule 11 of Chapter 2 of Part VI of the Bar Council of India Rules, the advocate has a right to take a fee and this right is exercised according to his experience in the court and standing at the bar.
7. Right Concerning Vakalatnama
What is Vakalatnama? The vakalatnama is the document that shows that the advocate is appearing in the court proceedings on behalf of the client and it is duly signed by the advocate and client.
Hence, the advocate whose vakalatnama is filed in the court on behalf of his client can represent the case of his client in the court. The advocate also has the right to withdraw his came from the particular case.
8. Other Privileges to Advocate
Section 129 of the Indian Evidence Act, 1872 specifically provided that there is an exclusive right available to the advocate, where he has the right to secure the privacy of the communications made between the client and the advocate.
Furthermore, as per this section, no one can force or threatened the advocate or his client to disclose the communication done between the advocate and his client. The advocate is free to disclose any confidential communication done between the advocate and his client if the advocate proposes himself.
Conclusion
The Rights of an Advocate are provided under Sections 29 to 34 of Part IV of the Advocates Act, 1961. The rights and duties of an advocate in India are governed by the Advocates Act, 1961. The Advocates Act, 1961 is introduced by Ashok Kumar Sen, then the Law Minister of India. This Act was passed by the Parliament of India and is under control and implemented by the Bar Council India.