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UPSC Prelims 2022 Paper-1 📅 05 Jun, 2022

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?

A
(a) 1 only
B
(b) 2 only
C
(c) Both 1 and 2
D
(d) Neither 1 nor 2
Result Summary
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APEDIA

UPSC Prelims
2022 • 05 Jun, 2022 • Paper-1
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?
Correct Answer
(b) 2 only
Statement 1 Analysis: Incorrect. In India, under the Advocates Act 1961, any individual holding a recognized law degree and enrolled with a State Bar Council is......
💡 Analysis & Explanation
Statement 1 Analysis
Incorrect. In India, under the Advocates Act 1961, any individual holding a recognized law degree and enrolled with a State Bar Council is an advocate. There is no categorical exclusion that strips corporate lawyers of their recognition as advocates if they are properly enrolled, although patent agents specifically deal with patent registries, a law graduate functioning as a patent attorney can still be an advocate.
Statement 2 Analysis
Correct. The Bar Council of India has the statutory mandate to prescribe standards of legal education, inspect universities, and grant recognition to law colleges whose degrees qualify students for enrollment.
Conclusion
Only statement 2 reflects correct statutory provisions.