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3. Functions. 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:
(e) To deal with and dispose of any matter which may be referred to it by a
State Bar Council.
(h) To conduct seminars and talks on legal topics by eminent jurists and
publish journals and papers of legal interest.
(l) To provide for the election of its members who shall run the Bar
Councils.
4. The Bar Council of India can also constitute funds for the following purposes:
(d) The Bar Council of India can also receive grants, donations, and gifts
for any of these purposes.
5. Constitution. 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. The council elects its own
Chairman and Vice-Chairman for a period of two years from amongst its members.
Assisted by the various committees of the Council, the chairman acts as the chief
executive and director of the Council. However under section 4(1) of the Advocates
Act, 1961 a State Bar Council is competent to make a rule providing for a vote of no
confidence against a member of the Bar council of India elected to the state Bar
Council. In Bar council of Kerala v. Thankappan Pillai AIR 1968 Ker. 144, the
respondent Thankappan Pillai who was a member of the Kerela State Bar Council was
elected on 12.10.1980 to the Bar Council of India, under section 4(1)(c) of the Act,
later on, a no confidence resolution was passed against him on 06.03.1983, on the
grounds of complaint against him. The Bar Council of India requested to Terminate his
membership and the Bar council of Kerela also added rules 10 and 13 to its rules
providing for such no confidence motion and for cessation of membership of the Bar
Council of India on the motion having been carried out. The full Bench of the Kerela
High Court relied on a decision of Delhi High Court in Bar Council of Delhi v. Bar
Council of India.
6. Committee. The Bar Council of India has various committees which make
recommendations to the council. The members of these committees are elected from
amongst the members of the Council:-
(a) Executive Committee: This committee deals with the issues related to
management of funds, affairs of the staff, accounts, allotment of work,
management of council's affairs, audit, library and legal publications delegation
of work.
(e) Legal Aid Committee: The Legal Aid Committee provides aids to those
requiring legal assistance.
(g) Rules Committee: The Rules Committee reviews the rules and
regulations of the Council.
Other than these, there are Finance Committee, Special or Oversee Committee
and All India Bar Examination Committee.
7. Directorate of Legal Education. The Bar Council of India has
established a Directorate of Legal Education for the purpose of organising, running,
conducting, holding, and administering the following:
(g) Any other assignment that may be assigned to it by the Legal Education
committee and the Bar Council of India.
8. All India Bar Examination On April 10, 2010, the Bar Council of India
resolved to conduct an All India Bar Examination that tests an advocate’s ability to
practice law. It is required for an advocate to pass this examination to practice law.
This examination is held biannually and tests advocates on substantive and procedural
law. The syllabi for this examination has to be published at least three months before
the examination. An advocate may appear for the examination any number of times.
Once the advocate passes the examination, he/she will be entitled to a Certificate of
Practice law throughout India. The All India Bar Examination (AIBE) IX scheduled to
be held on 13 December 2015. It is clarified that the Bar Examination shall be
mandatory for all law students graduating from academic year 2009-2010 onwards
and enrolled as advocates under Section 24 of the Advocates Act, 1961.
10. Functions of State Bar Council. The functions of a State Bar Council in
accordance with S 6 of Advocates Act, 1961 shall be-
(a) To admit persons as advocates on its roll.
(d) To safeguard the rights, privileges and interest of advocates on its roll.
(e) To promote the growth of Bar Associations for the purpose of effective
implementations of the welfare schemes referred to in clause (a) of sub section
(2) of the section and clause (a) of sub section (2) of the section.
(i) To manage and invest the funds of the Bar Council.(g) to provide for the
election of its members.
(j) To visit and inspect Universities in accordance with the directions given
under clause (I) of sub-section (1) of section7.
(l) To do all other things necessary for discharging the aforesaid functions
(m) A State Bar Council may constitute one or more funds in the prescribed
manner for the purpose of.
(ii). Giving legal aid or advice in accordance with the rules made in
this behalf.
(n) A State Bar Council may receive any grants, donations, gifts or
benefactions for all or any of the purposes specified in sub-section (2) which
shall be credited to the appropriate fund or funds constituted under that sub-
section
11. There shall be a Bar Council in accordance with section 3 of the Advocates Act,
1961.:-
(a). For each of the States of Andhra Pradesh, Bihar, Gujarat, Jammu and
Kashmir, Madhya Pradesh, Karnataka, Orissa, Rajasthan and Uttar Pradesh,
to be known as the Bar Council of that State.
(c). For the State of Kerala and the Union territory of Lakshadweep, Minicoy
and Amindivi islands to be known as the Bar Council of Kerala.
(d) For the words "State of Madras" state of Tamil Nadu and the Union
territory of Pondichery to be known as the Bar Council of Madras.
(e). For the State of Maharashtra and Goa, and the Union territories of
Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council
of Maharashtra and Goa.
(f) For the State of Punjab and Haryana, and the Union territory of Chandigarh
to be known as the Bar Council of Punjab and Haryana.
(g) For the State of Himachal Pradesh to be known as the Bar Council of
Himachal Pradesh.
(h) For the State of West Bengal and union territory of Andaman and Nicobar
islands to be known as the Bar Council of West Bengal and for the Union
territory of Delhi to be known as the Bar Council of Delhi.
12. Members of State Bar Council. A State Bar Council shall consist of the
following members, namely:-
(a) In the case of the State Bar Council of Delhi, the Additional Solicitor General
of India, ex officio in the case of the State Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura, the Advocate-General of each of the State of
Assam, Nagaland, Meghalaya, Manipur and Tripura, ex officio, in the case of
the State Bar Council Punjab and Haryana, ex officio] and in the case of any
other State Bar Council, the Advocate- General of the State.
(b) In the case of a State Bar Council with an electorate not exceeding five
thousand, fifteen members, in the case of a State Bar Council, with an
electorate exceeding five thousand but not exceeding ten thousand, twenty
members, and in the case of a State Bar Council with an electorate exceeding
ten thousand, twenty-five members, elected in accordance with the system of
proportional representation by means of the single transferable vote from
amongst advocates on the electoral roll of the State Bar Council.
(c) Provided that as nearly as possible one half of such elected members shall,
subject to any rules that may be made in this behalf by the Bar Council of India,
be persons who have for at least ten years been advocates on a State roll, and
in computing the said period of ten years in relation to any such person, there
shall be included any period during which the person has been an advocate
enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).
(d) There shall be a Chairman and a Vice-Chairman of each State Bar Council
elected by the Council in such manner as may be prescribed.
(g) Nothing in the proviso to sub-section (2) shall affect the term of office of
any member elected before the commencement of the Advocates
(Amendment) Act, 1964 but every election after such commencement shall be
held in accordance with the provisions of the rules made by the Bar Council of
India to give effect to the said proviso.
(h) Nothing in clause (b) of sub-section (2) shall affect the representation of
elected members in any State Bar Council as constitute immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until
that State Bar Council is reconstituted in accordance with the provisions of this
Act.
13. In Sanjay Jain and anr. v. Bar Council of Delhi and others AIR 1999, the
question for decision,among others was as to whether there is a provision for the
institution of Honorary Secretary in the Bar Council of Delhi. Bar Council of Delhi
Rules do not provide for the same. Rule 126 of the Bar Council of Delhi provides that
the following full time employees shall be appointed to carry on the business of the
council:
References:
1. “About the Bar Council of India". Bar Council of India. Retrieved 3 May 2014.
3. "Advocates Act, 1961" (PDF). Parliament of India. 1961. Retrieved 3 May 2014.
4. "History of Bar Council of India". Bar Council of India. Archived from the original
on 14 March 2014. Retrieved 4 June 2014.
6. "Office bearers of the Bar Council of India". Bar Council of India. Archived from
the original on 28 March 2014. Retrieved 4 June 2014.
7. "Committees of Bar Council of India". Bar Council of India. Archived from the
original on 28 March 2014. Retrieved 4 June 2014.
8. "All India Bar Examination (AIBE)". Bar Council of India. Retrieved 14 May
2014.
9. "All India Bar Exam". West Bengal Bar Council of India. Retrieved 14 May 2014.