Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
This project aims at focusing on the powers and functions of Bar Council of India and State Bar Council under Advocate Act 1961. It is a statutory body created by Parliament to regulate and represent the Indian bar. The project further offers a review of the history of the Bar Council of India which include a function, committee, executive etc. This project tries to show establishment and organisation of State Bar Council and also the Power and Functions of the State Bar Council.
Typology: Assignments
1 / 17
This page cannot be seen from the preview
Don't miss anything!
Submitted to: Ms. Palmu K. Bhutia Submitted by: Dev Narayan Pradhan Assistant Professor Roll No: 18GLB Political Science IV Semester
This project aims at focusing on the powers and functions of Bar Council of India and State Bar Council under Advocate Act 1961. It is a statutory body created by Parliament to regulate and represent the Indian bar. The project further offers a review of the history of the Bar Council of India which include a function, committee, executive etc. This project tries to show establishment and organisation of State Bar Council and also the Power and Functions of the State Bar Council. In addition, I perform certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organize welfare schemes for them.
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, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation. Section 4. Of the Bar Council of India provides- (1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely: – (a) The Attorney- General of India, ex officio; (b) The Solicitor- General of India, ex officio; (c) One member elected by each State Bar Council from amongst its members. Section 4(1-A) of the Act makes it clear that no person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub- section (2) of section 3. Section4(2) of the Act provides that there shall be a Chairman and a Vice- Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. Section 4(2-A) of the Act makes it clear that a person holding office as Chairman or as Vice- Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977, shall, on such commencement, cease to hold office as Chairman or Vice- Chairman, as the case may be: Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice- Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.^1 (^1) Shikhar Shrivastava, “Bar Council of India Law Times Journal” (7th (^) of March 2020).
Section 4(3) of the Act provides that the term of office of a member of the Bar Council of India elected by the State Bar Council shall– I. in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election or till he ceases to be a member of the State Bar Council, whichever is earlier; and II. in any other case, be for the period for which he holds office as a member of the State Bar Council: III. Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected. Section 10-A of the Act provides that The Bar council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing, determine. Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. Section 10-B of the Act provides that an elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India. Section 14 of the Act provides that no election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette. [^2 ]
committees viz., Legal Education Committee, Disciplinary Committee, Executive Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules Committee and various other Committees formed to look into specific issues arising from time to time. I. Functions of Bar Council of India The Bar Council of India was established by Parliament under the Advocates Act, 1961. The following statutory functions under Section 7 cover the Bar Council’s regulatory and representative mandate for the legal profession and legal education in India:
The Bar Council of India can also receive grants, donations, and gifts for any of these purposes. With respect to the point 6, (stated above) the Supreme Court has made it clear that the question of importing legal education is entrusted to the Universities in India and not to the Bar Council of India. All that the Bar Council can do is to suggest ways and means to promote such legal education to be imparted by the Universities and for that purpose it may lay down the standards of education. Sections 7 do not entitle the Bar Council itself to frame rules laying down pre- enrollment as Advocate. II. Committees of Bar Council of India The Bar Council of India has various committees that make recommendations to the Council. The members of these committees are elected from amongst the members of the Council. The Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar Council of India Rules permit the Council to appoint from amongst its members, one or more committees in addition to those specified in the Act. The Council can delegate powers, duties, and functions to these committees. The term of the members of the committees of the Council has been specified in Chapter III of the Bar Council of India Rules. A different term can be specified at the time of election. III. Legal Education Committee The Legal Education Committee consists of five members of the Bar Council of India and five co-opted members to represent the judiciary, the Law Ministry, the University Grants Commission, and academia. This committee makes recommendations to the Bar Council of India on all matters pertaining to legal education in the country. The committee elects its own Chairman. The Legal Education Committee has the power:
Building Committee The Building Committee is responsible for setting up offices for the Council. Rules Committee The Rules Committee reviews the rules and regulations of the Council. VIII. Members of the Bar Council of India
(c)To entertain and determine cases of misconduct against advocates on its roll: (d) To safeguard the rights, privileges and interests of advocates on its roll: (e) To promote and support law reform: (f) To conduct seminars and organize talk on legal topics by jurists and publish journals and papers of legal interests: (g) To organized legal aid to the poor in prescribed manner: (h) To manage and invest the funds of the bar council: (I) To provide for the election of its members: (j) To perform all other functions conferred on it by or under this act: (k) To do all other things necessary for discharging the aforesaid functions. Now, State bar council issued a certificate of enrollment in the prescribed form. Than state bar council shall notify any change in the place of his permanent residence within 90 days of such change to every person whose name is entered in the state roll. Section 48 of the advocates act makes provision in respect of indemnity against the legal proceedings. (I). Admission as Advocate on a State Roll. If any persons fulfill the conditions or terms for admissions as advocates, or enrolled as advocate under this act and under the state bar council, an application of admissions of admissions shall me made in the prescribed form to the state bar council within whose jurisdiction the applicant proposes to practices. Which is clearly defined under section 24 of the advocates act. Section 26-A of the advocate act empowers a state bar council to remove from the state roll the name of any advocate who is dead or from whom a request has been received or that effect. Section 27 of the act state bar council refuses the application of any person on its roll, no other state bar council shall entertain an application for admissions of such person as an advocate on its rolls, except with the previsions consent in writing of the state bar council which refused the application and of the Bar Council of India.
And the state bar council is required to issue a certificate of enrollment in the prescribed form to every person. Whose name is entered in the roll of advocates maintained by it under the act. [^6 ] (II). Maintains of Roll of Advocate Section 17 provides every state bar council shall prepare and maintain a roll of advocates in which shall be entered the name and address of-
The Bar Council of India is a statutory body established under 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 as such represents 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 degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation. As per the Advocates Act, the Bar Council of India consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members. The members from the state bar councils are elected for a period of five years.
Books: Sandeep Bhalla, Advocates Act, 1961 & Professional Ethics in India (2nd^ April 2012). P. Ramanatha Aiyer, Le gal & Professional Ethics (Lexis Nexis, 1st^ January 2012). Website: http://www.barcouncilofindia.org. (Last visited on 8th^ April 2020). http://en.wikipedia.org/wiki/Bar_Council_of_India. (Visited on 8th^ April 2020). http://www.barcouncilofindia.org/about/all-india-bar-examination. (Visited on 11th April 2020). http://www.allindiabar.org. (Last visited on 12 th^ of April 2020). http://delhibarcouncil.com/resources-for-lawyers/bar-council-of-india. (Last visited on 12th^ of April 2020). Article/Journal: Shikhar Shrivastava, “Bar Council of India Law Times Journal” (7th^ of March 2020).
