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NAME : Hemant Ramchandra Jog
PROJECT NAME : Bar Council & its Functions
ROLL NO. : 92
CLASS : F.Y.LLB
GUIDE : Prof. Lalit Pagare
YEAR : 2015-2016
Page 2 of 34
Acknowledgement
I have taken efforts in this project. However, it would not have been possible without
the kind support and help of many individuals and organizations. I would like to
extend my sincere thanks to all of them.
I am highly indebted to Dr. Rajesh Anantrao Sakhare, Principal for their guidance and
Constant supervision as well as our professor Mr. Lalit Pagare, for providing
necessary information regarding the project & also for their support in completing the
project.
I would like to thanks and appreciate my family & my colleague for their kind
co-operation and encouragement in developing the project which help me in
completion of this project and people who have willingly helped me out with their
abilities.
Hemant R. Jog
Page 3 of 34
CERTIFICATE
This is to certify that Mr. Hemant Ramchandra Jog Student of St.Wilfred’s
College of Low , Panvel studying for LLB first year, has successfully completed his
project as required for the second semester of three year LLB for the Academic
Session 2015-16.
Signature of Professor Signature of Principal
Page 4 of 34
Bar Council
&
It’s Functions
Page 5 of 34
INDEX
Sr. No Contents
Page
No’s
1 Introduction 7
2 About The Council 10
3 History 12
4 Structure Of the Bar Council 15
5 Functions Of State Bar Council 16
6 Functions Of Bar Council of India 18
7 Enrollment of Advocates 20
8 Committees Of Bar Council 21
9 Directorate of legal education 25
10 The All India Bar Examination Rules 27
11 The All India Bar Examination 29
12 Application for certificate of Bar Council 30
13 Right To Information 31
14 Conclusion 33
15 References 34
Page 6 of 34
BAR COUNCIL OF INDIA
INT
The Bar Council of India
bar. It was created by P
standards of professional
over the bar. It also sets
Universities whose degree
themselves as advocates u
provides-
(1) There shall be a Bar C
known as the Bar Counci
namely:–
(a) The Attorney-General
(b) The Solicitor General
(c) One member elected by
Section 4(1-A) of the Act
elected as a member of the
specified in the proviso to
INTRODUCTION
India is a statutory body that regulates and represent
by Parliament under the Advocates Act, 1961. I
ional conduct, etiquettes and exercises disciplinary
o sets standards for legal education and grants rec
degree in law will serve as a qualification for studen
cates upon graduation. Section 4. Of the Bar Counc
Bar Council for the territories to which this Act ex
ouncil of India which shall consist of the followin
neral of India, exofficio;
neral of India, exofficio;
ted by each State Bar Council from amongst its memb
e Act makes it clear that no person shall be eligib
of the Bar Council of India unless he possesses the qu
iso to sub- section (2) of section 3.
Page 7 of 34
resents the Indian
961. It prescribes
linary jurisdiction
nts recognition to
students to enroll
Council Of India
Act extends to be
llowing members,
members.
eligible for being
the qualifications
Page 8 of 34
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 (38 of 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 (38 of 1977 ), assumes
charge of the office.
Section 4(3) of the Act provides that the term of office of a member of the Bar
Councilof India elected by the State Bar Council shall–
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
BarCouncil, whichever is earlier]; and in any other case, be for the period for which
he holds office as member of the State Bar Council: 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. A State Bar Council shall meet at its headquarters or at such other place as
it may, for reasons to be recorded in writing, determine .The committees other than
disciplinary committees constituted by the Bar Councils shall meet at the headquarters
of the respective Bar councils. 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
Page 9 of 34
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.
Page 10 of 34
About the Council
The Bar Council of India is a statutory body created by Parliament to regulate and
represent the Indian bar. We perform the regulatory function by prescribing standards
of professional conduct and etiquette and by exercising disciplinary jurisdiction over
the bar. We also sets standards for legal education and grants recognition to
Universities whose degree in law will serve as qualification for enrolment as an
advocate.
In addition, we perform certain representative functions by protecting the rights,
privileges and interests of advocates and through the creation of funds for providing
financial assistance to organise welfare schemes for them.
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
Page 11 of 34
regulatory and representative mandate for the legal profession and legal education in
India:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down procedure to be followed by its disciplinary committee and the
disciplinary committees of each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
6. To promote legal education and to lay down standards of legal education. This is
done in consultation with the Universities in India imparting legal education and
the State Bar Councils.
7. To recognize Universities whose degree in law shall be a qualification for
enrolment as an advocate. The Bar Council of India visits and inspect Universitie
or directs the State Bar Councils to visit and inspect Universities for this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish
journals and papers of legal interest.
9. To organize legal aid to the poor.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also constitute funds for the following purposes:
1. Giving financial assistance to organise welfare schemes for poor, disabled or
other advocates,
2. Giving legal aid, and
3. Establishing law libraries.
The Bar Council of India can also receive grants, donations, and gifts for any of these
purposes.
Page 12 of 34
HISTORY
1950
After the Constitution of India came into force on January 26, 1950, the Inter-
University Board at its annual meeting held in Madras, passed a resolution stressing
the need for an all-India bar and emphasising the desirability of having uniformly
high standards for law examinations in different Universities of the country in view of
the fact that a Supreme Court of India had been established.
In May 1950, the Madras Provincial Lawyers Conference held under the presidency
of Shri S. Varadachariar resolved that the Government of India should appoint a
committee for the purpose of evolving a scheme for an all-India Bar and amending the
Indian Bar Councils Act to bring it in conformity with the new Constitution.
At its meeting held on October 1, 1950, the Bar Council of Madras adopted that
resolution.
Page 13 of 34
1951
Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April
12, 1951, a comprehensive bill to amend the India Bar Councils Act.
The Government of India took the view that in the changed circumstances of
independence, a comprehensive Bill sponsored by the Government was necessary. In
August 1951, the then Minister of Law announced on the floor of the House that the
Government of India was considering a proposal to set up a Committee of Inquiry to
go into the problem in detail. The Committee was constituted and asked to examine
and report on:
1. The desirability and feasibility of a completely unified Bar for the whole of India,
2. The continuance or abolition of the dual system of counsel and solicitor (or agent)
which obtains in the Supreme court and in the Bombay and Calcutta High Courts,
3. The continuance or abolition of different classes of legal practitioners, such as
advocates of the Supreme Court, advocates of the various High Courts, district court
pleaders, mukhtars (entitled to practice in criminal courts only), revenue agents, and
income-tax practitioners,
4. The desirability and feasibility of establishing a single Bar Council for (1) the
whole of India and (2) for each State,
5. The establishment of a separate Bar Council for the Supreme Court,
6. The consolidation and revision of the various enactments (Central as well as
State) relating to legal practitioners, and
7. All other connected matters.
This All India Bar Committee was headed by the Hon’ble Shri S. R. Das, Judge,
Supreme Court of India. The Committee consisted of the following members:
1. Shri M. C. Setalvad, Attorney General of India,
2. Dr. Bakshi Tek Chand, retired High Court Judge,
3. Shri V. K. T. Chari, Advocate-General of Madras,
4. Shri V. Rajaram Aiyar, Advocate-General of Hyderabad,
5. Shri Syed A, Kazmi, M.P., Advocate, Allahabad,
6. Shri C. C. Shah, M.P., Solicitor, Bombay, and
7. Shri D. M. Bhandari, M.P., Advocate, Rajasthan High Court.
Page 14 of 34
1953
The All India Bar Committee submitted its detailed report on March 30, 1953. The
report contained the proposals for constituting a Bar Council for each state and an All-
India Bar Council at the national level as the apex body for regulating the legal
profession as well as to supervise the standard of legal education in India.
Meanwhile, the Law Commission of India had been assigned the job of preparing a
report on the reforms of judicial administration.
1961
To implement the recommendations of the All-India Bar Committee and taking into
account the Law Commission’s recommendations relating to the legal profession, a
comprehensive Advocates Bill was introduced in the Parliament which resulted in the
the Advocates Act, 1961.
Page 15 of 34
STRUCTURE OF THE BAR
COUNCIL OF INDIA
The Bar Council of India consists of 18 Members. The Attorney General of India and
the Solicitor General of India are Ex-officio Members of the council and the other 16
Members represent the 16 State Bar Councils in the country. The Members are elected
for a period of five years and the Chairman and Vice -Chairman are elected for a
period of two years from among the Members of the Bar Council of India. The Bar
Council further consists of various 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.
Page 16 of 34
Functions of State Bar Councils
(1) The functions of a State Bar Council shall be
(a) to admit persons as advocates on its roll;
(b) to prepare and maintain such roll;
(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; 1[(dd) to
promote the growth of Bar Associations for the purposes of effective implementation
of the welfare schemes referred to in clause (a) of sub-section (2) of this section
clause (a) of sub-section (2) of section 7;]
(e) to promote and support law reform; to conduct seminars and organise talks on
legal topics by eminent jurists and publish journals and paper of legal interest; to
organise legal aid to the poor in the prescribed manner;
(f) to manage and invest the funds of the Bar Council;
(g) to provide for the election of its members; 1 Inserted by Act 70 of 1993 w.e.f.
26.12.1993 2 Inserted by Act 60 of 1973 w.e.f. 31.01.1974. 1[(gg) to visit and inspect
Universities in accordance with the directions given under clause (i) of sub-section (1)
of section 7;]
Page 17 of 34
(h) to perform all other functions conferred on it by or under this Act;
(i) to do all other things necessary for discharging the aforesaid functions. 2[(2) A
State Bar Council may constitute one or more funds in the prescribed manner for the
purpose of—
(a) giving financial assistance to organise welfare schemes for the indigent, disabled
or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;] 3
(c) establishing law libraries.4(3) A State Bar Council may receive any grants,
donations, gifts or benefactions for all or any of the purposes specified in subsection
(2) which shall be credited to the appropriate fund or funds constituted under that sub-
section.
FUNCTION
The Bar Council of India
1961. The following statu
regulatory and representati
India:
1. To lay down standards o
2. To lay down procedure t
disciplinary committees
3. To safeguard the rights,
4. To promote and support
5. To deal with and dispose
Council.
6. To promote legal educat
done in consultation wit
the State Bar Councils.
7. To recognize Universitie
enrolment as an advoca
or directs the State Bar
8. To conduct seminars and
TIONS OF BAR COUNCIL
INDIA
India was established by Parliament under the Adv
g statutory functions under Section 7 cover the Ba
sentative mandate for the legal profession and legal e
dards of professional conduct and etiquette for advoca
edure to be followed by its disciplinary committee and
ittees of each State Bar Council.
ights, privileges and interests of advocates.
pport law reform.
ispose of any matter which may be referred to it by a
education and to lay down standards of legal education
on with the Universities in India imparting legal educa
ncils.
ersities whose degree in law shall be a qualification fo
dvocate. The Bar Council of India visits and inspects
e Bar Councils to visit and inspect Universities for thi
ars and talks on legal topics by eminent jurists and pub
Page 18 of 34
NCIL OF
e Advocates Act,
the Bar Council’s
legal education in
dvocates.
ee and the
it by a State Bar
ucation. This is
education and
tion for
pects Universities
for this purpose.
nd publish
Page 19 of 34
journals and papers of legal interest.
9. To organize legal aid to the poor.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also constitute funds for the following purposes:
1. Giving financial assistance to organize welfare schemes for poor, disabled or other
advocates,
2. Giving legal aid, and
3. Establishing law libraries.
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 suck 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-enrolment as Advocate.
In RaveendranathNaik v. Bar Council of India, the resolution passed by the Bar
Council of India directing advocates not to participate in any programme organized by
the Legal Services Authorities in any LokAdalat or any legal aid programme has been
held illegal and void.
In Ex-Captain Harish Uppal v. Union of India, the court held that section 7 provides
in respect of the functions of the Bar Council of India, but none of its functions
mentioned in section 7 authorizes it to paralyze the working of the Courts. On the
contrary it is enjoined with a duty to lay down standards of professional conduct and
etiquette for advocates. No Bar Council can ever consider giving a call of strike or a
call of boycott. In case any association calls for a strike or boycott the concerned State
Bar Council of India must immediately take disciplinary action against the advocates
who gives a call for a strike. It is the duty of every advocate to ignore a call of strike
or boycott.
Page 20 of 34
Enrollment of advocates
Eligible persons having a recognized law degree are admitted as advocates on the
rolls of the state bar Councils. The Advocates Act, 1961 empowers state bar councils
to frame their own rules regarding enrollment of advocates. The Council’s enrollment
committee may scrutinize a candidate’s application. Those admitted as advocates by
any state bar council are eligible to take the All India Bar Examination which is
conducted by the Bar Council of India. Passing the All India Bar Examination awards
the state-enrolled advocate with a 'Certificate of Enrolment' which enables the state-
enrolled advocate to practice law as an advocate in any High Court and lower court
within the territory of India. However to practice Law before the Supreme Court of
India, Advocates must first appear for and qualify in the Supreme Court Advocate on
Record Examination conducted by the Supreme Court.
Page 21 of 34
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.
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
Page 22 of 34
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:
• To make recommendations to the Council for laying down the standards of legal
education for Universities.
• To visit and inspect Universities and report the results to the Council.
• To recommend to the Council the conditions subject to which foreign qualification
in law obtained by persons other than citizens of India may be recognised.
• To recommend to the Council for recognition of any degree in law of any University
in the territory of India.
• To recommend the discontinuance of recognition of any University already made by
the Council.Precisely, Legal education matters within the Bar Council are regulated
by the LegalEducation Committee, which consists of five Members of the Bar
Council of India And five Members co-opted from outside and they represent
Judiciary, Law Ministry, University Grants Commission and Academicians. This is a
high powered committee which makes recommendations to the Bar Council of India
on all matters pertaining to Legal Education in the country. The Legal Education
Committee elects its own Chairman.
DISCIPLINARY COMMITTEE
The disciplinary committee of the Bar Council of India hears applications for revision
by persons against summary dismissal of their complaints against advocates for
professional misconduct, by the State Bar Councils.Appeals lie before the Bar
Council of India against orders of the disciplinary committees of the State Bar
Councils. Every such appeal is heard by the disciplinary
committee of the Bar Council of India, which may pass an order, including an order
varying the punishment awarded by the disciplinary committee of the State Bar
Council.
Each disciplinary committee consists of three members. The term of the members of
this committee is three years.
EXECUTIVE COMMITTEE
The Executive Committee is the executive authority of the Council, and is responsible
for giving effect to the resolutions of the Council.
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Members of the Executive Committee are elected from amongst the members of the
Bar Council of India. The committee elects its Chairman and Vice-chairman.
The Executive Committee has the power:
• To manage the funds of the Council,
• To invest the funds of the Council in the manner directed by the Council from time
to time,
• To grant leave to members of the staff, other than casual leave,
• To prescribe books of account, registers and files for the proper management of the
affairs of the Council,
• To appoint and supervise the work of the members of the staff and prescribe their
conditions of service
• To appoint auditors and fix their remuneration,
• To consider the annual audit report and place it before the Council with its
comments for its consideration,
• To maintain a library and under the directions of the Council, publish any journal,
treatise or pamphlets on legal subjects,
• To prepare and place before the Council, the annual administration report and the
statement of account,
• To provide for proper annual inspection of the office and its registers,
• To authorise the Secretary to incur expenditure within prescribed limits,
• To fix travelling and other allowances to members of the committees of the Council,
and to members of the staff,
• To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned
powers,
• To do all other things necessary for discharging the aforesaid functions.
ADVOCATE WELFARE COMMITTEE
The Advocates Welfare Committee looks into applications made by advocates
through various State Bar Councils for welfare funds. The committee verifies the
application and allocates funds.
The Advocates Welfare committee is empowered by the Advocates Welfare Fund
Act, 2001. The State Bar Council shall pay to the Fund annually, an amount equal to
twenty per cent of the enrolment fee received by it from advocates clause (f) of
Section 24 of the Advocates Act.
Page 24 of 34
The members of the Advocates Welfare Committee are elected from amongst the
members of the Bar Council of India. The term of each member in this committee is
two years.
LEGAL AID COMMITTEE
The Legal Aid Committee provides aids to those requiring legal assistance.
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.
Page 25 of 34
Directorate of legal education
The Bar Council of India Vide their Resolution No.115/2012 have resolved to
constitute a Directorate of Legal Studies and Law Reforms as well as Legal Education
Committee. The aforesaid Directorate shall discuss and lay down the procedure for
conducting, holding and administering the following functions :-
(i) To monitor the All India Bar Examination;
(ii) Continued Legal Education;
(iii) Educational programmes in various centers of Legal Education and court
premises;
(iv) Moot Court competitions at National and international levels;
(v) Scholarships to students;
(vi) Discussions/ seminars on various issues; and
(vii) Reforms in Legal Field, and to discuss any other issues assigned to it by the Bar
Council of India. The gist of the discussion and the resolutions of the Directorate are
to be placed the Legal Education Committee of Bar Council of India or before Bar
Council of India for necessary action and final decision.
Page 26 of 34
The BCI has informed that the Directorate and Legal Education Committee is
constituted, consisting of a sitting Judge of Hon’ble Apex court who happens to be the
director-in-chief of the Directorate; 3 Hon’ble sitting Judges of different High Courts
including that of a Delhi High court, are the members of the Directorate; Attorney
General for India and Solicitor General of India, apart from them, Vice- Chancellors
of 3 National Law Schools; reputed Senior Advocates of Supreme Court of India;
some retired Judges and the Secretary, Ministry of Law and Justice, Department of
Legal Affairs, are the members of the Directorate. Other academicians of the country
are also invited as a special invitee of the Director at the time of its meeting. The
Directorate and Legal Education Committee discuss and deal with the continuing
Legal Education, Teacher’s Training, advanced specialized courses, education
programme for students, seminars and workshops, legal research and all other issues,
revision of curriculum for the law Courses etc.
The Bar Council of India itself is taking care of Legal Education, Continuing Legal
Education for development of professional skills, it undertakes training programmes
and workshops for young lawyers frequently.
Page 27 of 34
The All India Bar Examination Rules
The Bar Council of India resolution at its meeting held on 30 April to amend Part VI,
Chapter III of the Bar Council of India Rules (Conditions for Right to Practice) was
published in the Gazette of India on June 12, 2010.
The following resolution was adopted by the Bar Council of India on 10 April 2010 to
conduct an All India Bar Examination, the passing of which will entitle an advocate to
practice law in India. Consequent to the resolution, the following rules were inserted
into Part VI, Chapter III of the Bar Council of India Rules.
RESOLVED that as the Bar Council of India is vested with the power of laying down
conditions subject to which an advocate shall have the right to practice, these Rules,
therefore, lay down such condition of an All India Bar Examination, the passing of
which would entitle the advocate to a Certificate of Practice which would permit
him/her to practice under Chapter IV of the Advocates Act, 1961.
No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to
practice under Chapter IV of the Advocates Act, 1961, unless such advocate
successfully passes the All India Bar Examination conducted by the Bar Council of
Page 28 of 34
India. 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.
Page 29 of 34
The All India Bar Examination
The All India Bar Examination shall be conducted by the Bar Council of India.
(a) The Bar Examination shall be held at least twice each year in such month and such
places that the Bar Council of India may determine from time to time.
(b) The Bar Examination shall test advocates in such substantive and procedural law
areas as the Bar Council of India may determine from time to time.
(c) Such substantive/procedural law areas and syllabi shall be published by the Bar
Council of India at least three months prior to the scheduled date of examination.
(d) The percentage of marks required to pass the Bar Examination shall be determined
by the Bar Council of India.
(e) An unsuccessful advocate may appear again for the Bar Examination, without any
limit on the number of appearances.
(f) The Bar Council of India, through a committee of experts, shall determine the
syllabi, recommended readings, appointment of paper setters, moderators, evaluators,
model answers, examination hall rules and other related matters.
(g) The Bar Council of India shall determine the manner and format of application for
the examination.
(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a
Certificate of Practice.
Page 30 of 34
Application for Certificate of Practice
(1) The Certificate of Practice shall be issued by the Bar Council of India to the
address of the successful advocate within 30 days of the date of declaration of results.
(2) The Certificate of Practice shall be issued by the Bar Council of India under the
signature of the Chairman, Bar Council of India.
Page 31 of 34
Right To Information
The following are the officials to be contacted for any Information as per the Right to
Information Act:-
Appellate Authority of the Bar Council of India
1. Mr. Jogi Ram Sharma, Secretary
Appellate Authority, Bar Council of India,
21, Rouse Avenue, Institutional Area,
New Delhi – 110002.
Central Public Information Officer of the Bar Council of India
2. Mr. Ashok Kumar Pandey,
Joint Secretary/CPIO
AIBE/Writ/Revision Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.
Page 32 of 34
3. Mrs. Archana Gupta,
Accounts Officer-cum-Assistant Secretary,
Account Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.
4. Mrs. Archana Gupta,
Assistant Secretary,
Council Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.
5. Mrs. Kusum Srivastava,
Assistant Secretary,
Disciplinary Committee Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.
6. Mr. N. Senthil Kumar,
Assistant Secretary,
Legal Education Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.
Page 33 of 34
Conclusion
The Bar Council of India has a lot of functions vested within itself, whereby
exercising those functions it can restructure and reframe the entire legal arena in the
country. In fact, it can be more predominantly envisaged that in modern times it has
hardly contributed constructively in the improvement of law in India. There are
certain loopholes in the legal arena in India today which the Bar Council must look
into, in order to protect the law standard from degradation and to maintain the same
standards.
Page 34 of 34
References
1) https://en.wikipedia.org/wiki/Advocate#India
2) http://www.legalpoint.in/advocatesright.php
3) http://www.lawyersclubindia.com/forum/RIGHTS-OF-AN-ADVOCATE
1272.asp#.Vq43C9J94_4
4) http://blog.ipleaders.in/right-of-a-lawyer-to-practice-in-india-and-duties-of-a
lawyer/
5) http://www.barcouncilofindia.org
6) https://en.wikipedia.org/wiki/Bar_Council_of_India#Enrollment_of_advocates

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My Project_Final

  • 1. Page 1 of 34 NAME : Hemant Ramchandra Jog PROJECT NAME : Bar Council & its Functions ROLL NO. : 92 CLASS : F.Y.LLB GUIDE : Prof. Lalit Pagare YEAR : 2015-2016
  • 2. Page 2 of 34 Acknowledgement I have taken efforts in this project. However, it would not have been possible without the kind support and help of many individuals and organizations. I would like to extend my sincere thanks to all of them. I am highly indebted to Dr. Rajesh Anantrao Sakhare, Principal for their guidance and Constant supervision as well as our professor Mr. Lalit Pagare, for providing necessary information regarding the project & also for their support in completing the project. I would like to thanks and appreciate my family & my colleague for their kind co-operation and encouragement in developing the project which help me in completion of this project and people who have willingly helped me out with their abilities. Hemant R. Jog
  • 3. Page 3 of 34 CERTIFICATE This is to certify that Mr. Hemant Ramchandra Jog Student of St.Wilfred’s College of Low , Panvel studying for LLB first year, has successfully completed his project as required for the second semester of three year LLB for the Academic Session 2015-16. Signature of Professor Signature of Principal
  • 4. Page 4 of 34 Bar Council & It’s Functions
  • 5. Page 5 of 34 INDEX Sr. No Contents Page No’s 1 Introduction 7 2 About The Council 10 3 History 12 4 Structure Of the Bar Council 15 5 Functions Of State Bar Council 16 6 Functions Of Bar Council of India 18 7 Enrollment of Advocates 20 8 Committees Of Bar Council 21 9 Directorate of legal education 25 10 The All India Bar Examination Rules 27 11 The All India Bar Examination 29 12 Application for certificate of Bar Council 30 13 Right To Information 31 14 Conclusion 33 15 References 34
  • 6. Page 6 of 34 BAR COUNCIL OF INDIA
  • 7. INT The Bar Council of India bar. It was created by P standards of professional over the bar. It also sets Universities whose degree themselves as advocates u provides- (1) There shall be a Bar C known as the Bar Counci namely:– (a) The Attorney-General (b) The Solicitor General (c) One member elected by Section 4(1-A) of the Act elected as a member of the specified in the proviso to INTRODUCTION India is a statutory body that regulates and represent by Parliament under the Advocates Act, 1961. I ional conduct, etiquettes and exercises disciplinary o sets standards for legal education and grants rec degree in law will serve as a qualification for studen cates upon graduation. Section 4. Of the Bar Counc Bar Council for the territories to which this Act ex ouncil of India which shall consist of the followin neral of India, exofficio; neral of India, exofficio; ted by each State Bar Council from amongst its memb e Act makes it clear that no person shall be eligib of the Bar Council of India unless he possesses the qu iso to sub- section (2) of section 3. Page 7 of 34 resents the Indian 961. It prescribes linary jurisdiction nts recognition to students to enroll Council Of India Act extends to be llowing members, members. eligible for being the qualifications
  • 8. Page 8 of 34 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 (38 of 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 (38 of 1977 ), assumes charge of the office. Section 4(3) of the Act provides that the term of office of a member of the Bar Councilof India elected by the State Bar Council shall– 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 BarCouncil, whichever is earlier]; and in any other case, be for the period for which he holds office as member of the State Bar Council: 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. A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine .The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar councils. 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
  • 9. Page 9 of 34 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.
  • 10. Page 10 of 34 About the Council The Bar Council of India is a statutory body created by Parliament to regulate and represent the Indian bar. We perform the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. We also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. In addition, we perform certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them. 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
  • 11. Page 11 of 34 regulatory and representative mandate for the legal profession and legal education in India: 1. To lay down standards of professional conduct and etiquette for advocates. 2. To lay down procedure to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council. 3. To safeguard the rights, privileges and interests of advocates. 4. To promote and support law reform. 5. To deal with and dispose of any matter which may be referred to it by a State Bar Council. 6. To promote legal education and to lay down standards of legal education. This is done in consultation with the Universities in India imparting legal education and the State Bar Councils. 7. To recognize Universities whose degree in law shall be a qualification for enrolment as an advocate. The Bar Council of India visits and inspect Universitie or directs the State Bar Councils to visit and inspect Universities for this purpose. 8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of legal interest. 9. To organize legal aid to the poor. 10. To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India for the purpose of admission as an advocate in India. 11. To manage and invest the funds of the Bar Council. 12. To provide for the election of its members who shall run the Bar Councils. The Bar Council of India can also constitute funds for the following purposes: 1. Giving financial assistance to organise welfare schemes for poor, disabled or other advocates, 2. Giving legal aid, and 3. Establishing law libraries. The Bar Council of India can also receive grants, donations, and gifts for any of these purposes.
  • 12. Page 12 of 34 HISTORY 1950 After the Constitution of India came into force on January 26, 1950, the Inter- University Board at its annual meeting held in Madras, passed a resolution stressing the need for an all-India bar and emphasising the desirability of having uniformly high standards for law examinations in different Universities of the country in view of the fact that a Supreme Court of India had been established. In May 1950, the Madras Provincial Lawyers Conference held under the presidency of Shri S. Varadachariar resolved that the Government of India should appoint a committee for the purpose of evolving a scheme for an all-India Bar and amending the Indian Bar Councils Act to bring it in conformity with the new Constitution. At its meeting held on October 1, 1950, the Bar Council of Madras adopted that resolution.
  • 13. Page 13 of 34 1951 Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April 12, 1951, a comprehensive bill to amend the India Bar Councils Act. The Government of India took the view that in the changed circumstances of independence, a comprehensive Bill sponsored by the Government was necessary. In August 1951, the then Minister of Law announced on the floor of the House that the Government of India was considering a proposal to set up a Committee of Inquiry to go into the problem in detail. The Committee was constituted and asked to examine and report on: 1. The desirability and feasibility of a completely unified Bar for the whole of India, 2. The continuance or abolition of the dual system of counsel and solicitor (or agent) which obtains in the Supreme court and in the Bombay and Calcutta High Courts, 3. The continuance or abolition of different classes of legal practitioners, such as advocates of the Supreme Court, advocates of the various High Courts, district court pleaders, mukhtars (entitled to practice in criminal courts only), revenue agents, and income-tax practitioners, 4. The desirability and feasibility of establishing a single Bar Council for (1) the whole of India and (2) for each State, 5. The establishment of a separate Bar Council for the Supreme Court, 6. The consolidation and revision of the various enactments (Central as well as State) relating to legal practitioners, and 7. All other connected matters. This All India Bar Committee was headed by the Hon’ble Shri S. R. Das, Judge, Supreme Court of India. The Committee consisted of the following members: 1. Shri M. C. Setalvad, Attorney General of India, 2. Dr. Bakshi Tek Chand, retired High Court Judge, 3. Shri V. K. T. Chari, Advocate-General of Madras, 4. Shri V. Rajaram Aiyar, Advocate-General of Hyderabad, 5. Shri Syed A, Kazmi, M.P., Advocate, Allahabad, 6. Shri C. C. Shah, M.P., Solicitor, Bombay, and 7. Shri D. M. Bhandari, M.P., Advocate, Rajasthan High Court.
  • 14. Page 14 of 34 1953 The All India Bar Committee submitted its detailed report on March 30, 1953. The report contained the proposals for constituting a Bar Council for each state and an All- India Bar Council at the national level as the apex body for regulating the legal profession as well as to supervise the standard of legal education in India. Meanwhile, the Law Commission of India had been assigned the job of preparing a report on the reforms of judicial administration. 1961 To implement the recommendations of the All-India Bar Committee and taking into account the Law Commission’s recommendations relating to the legal profession, a comprehensive Advocates Bill was introduced in the Parliament which resulted in the the Advocates Act, 1961.
  • 15. Page 15 of 34 STRUCTURE OF THE BAR COUNCIL OF INDIA The Bar Council of India consists of 18 Members. The Attorney General of India and the Solicitor General of India are Ex-officio Members of the council and the other 16 Members represent the 16 State Bar Councils in the country. The Members are elected for a period of five years and the Chairman and Vice -Chairman are elected for a period of two years from among the Members of the Bar Council of India. The Bar Council further consists of various 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.
  • 16. Page 16 of 34 Functions of State Bar Councils (1) The functions of a State Bar Council shall be (a) to admit persons as advocates on its roll; (b) to prepare and maintain such roll; (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; 1[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-section (2) of section 7;] (e) to promote and support law reform; to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and paper of legal interest; to organise legal aid to the poor in the prescribed manner; (f) to manage and invest the funds of the Bar Council; (g) to provide for the election of its members; 1 Inserted by Act 70 of 1993 w.e.f. 26.12.1993 2 Inserted by Act 60 of 1973 w.e.f. 31.01.1974. 1[(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;]
  • 17. Page 17 of 34 (h) to perform all other functions conferred on it by or under this Act; (i) to do all other things necessary for discharging the aforesaid functions. 2[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of— (a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf;] 3 (c) establishing law libraries.4(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in subsection (2) which shall be credited to the appropriate fund or funds constituted under that sub- section.
  • 18. FUNCTION The Bar Council of India 1961. The following statu regulatory and representati India: 1. To lay down standards o 2. To lay down procedure t disciplinary committees 3. To safeguard the rights, 4. To promote and support 5. To deal with and dispose Council. 6. To promote legal educat done in consultation wit the State Bar Councils. 7. To recognize Universitie enrolment as an advoca or directs the State Bar 8. To conduct seminars and TIONS OF BAR COUNCIL INDIA India was established by Parliament under the Adv g statutory functions under Section 7 cover the Ba sentative mandate for the legal profession and legal e dards of professional conduct and etiquette for advoca edure to be followed by its disciplinary committee and ittees of each State Bar Council. ights, privileges and interests of advocates. pport law reform. ispose of any matter which may be referred to it by a education and to lay down standards of legal education on with the Universities in India imparting legal educa ncils. ersities whose degree in law shall be a qualification fo dvocate. The Bar Council of India visits and inspects e Bar Councils to visit and inspect Universities for thi ars and talks on legal topics by eminent jurists and pub Page 18 of 34 NCIL OF e Advocates Act, the Bar Council’s legal education in dvocates. ee and the it by a State Bar ucation. This is education and tion for pects Universities for this purpose. nd publish
  • 19. Page 19 of 34 journals and papers of legal interest. 9. To organize legal aid to the poor. 10. To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India for the purpose of admission as an advocate in India. 11. To manage and invest the funds of the Bar Council. 12. To provide for the election of its members who shall run the Bar Councils. The Bar Council of India can also constitute funds for the following purposes: 1. Giving financial assistance to organize welfare schemes for poor, disabled or other advocates, 2. Giving legal aid, and 3. Establishing law libraries. 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 suck 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-enrolment as Advocate. In RaveendranathNaik v. Bar Council of India, the resolution passed by the Bar Council of India directing advocates not to participate in any programme organized by the Legal Services Authorities in any LokAdalat or any legal aid programme has been held illegal and void. In Ex-Captain Harish Uppal v. Union of India, the court held that section 7 provides in respect of the functions of the Bar Council of India, but none of its functions mentioned in section 7 authorizes it to paralyze the working of the Courts. On the contrary it is enjoined with a duty to lay down standards of professional conduct and etiquette for advocates. No Bar Council can ever consider giving a call of strike or a call of boycott. In case any association calls for a strike or boycott the concerned State Bar Council of India must immediately take disciplinary action against the advocates who gives a call for a strike. It is the duty of every advocate to ignore a call of strike or boycott.
  • 20. Page 20 of 34 Enrollment of advocates Eligible persons having a recognized law degree are admitted as advocates on the rolls of the state bar Councils. The Advocates Act, 1961 empowers state bar councils to frame their own rules regarding enrollment of advocates. The Council’s enrollment committee may scrutinize a candidate’s application. Those admitted as advocates by any state bar council are eligible to take the All India Bar Examination which is conducted by the Bar Council of India. Passing the All India Bar Examination awards the state-enrolled advocate with a 'Certificate of Enrolment' which enables the state- enrolled advocate to practice law as an advocate in any High Court and lower court within the territory of India. However to practice Law before the Supreme Court of India, Advocates must first appear for and qualify in the Supreme Court Advocate on Record Examination conducted by the Supreme Court.
  • 21. Page 21 of 34 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. 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
  • 22. Page 22 of 34 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: • To make recommendations to the Council for laying down the standards of legal education for Universities. • To visit and inspect Universities and report the results to the Council. • To recommend to the Council the conditions subject to which foreign qualification in law obtained by persons other than citizens of India may be recognised. • To recommend to the Council for recognition of any degree in law of any University in the territory of India. • To recommend the discontinuance of recognition of any University already made by the Council.Precisely, Legal education matters within the Bar Council are regulated by the LegalEducation Committee, which consists of five Members of the Bar Council of India And five Members co-opted from outside and they represent Judiciary, Law Ministry, University Grants Commission and Academicians. This is a high powered committee which makes recommendations to the Bar Council of India on all matters pertaining to Legal Education in the country. The Legal Education Committee elects its own Chairman. DISCIPLINARY COMMITTEE The disciplinary committee of the Bar Council of India hears applications for revision by persons against summary dismissal of their complaints against advocates for professional misconduct, by the State Bar Councils.Appeals lie before the Bar Council of India against orders of the disciplinary committees of the State Bar Councils. Every such appeal is heard by the disciplinary committee of the Bar Council of India, which may pass an order, including an order varying the punishment awarded by the disciplinary committee of the State Bar Council. Each disciplinary committee consists of three members. The term of the members of this committee is three years. EXECUTIVE COMMITTEE The Executive Committee is the executive authority of the Council, and is responsible for giving effect to the resolutions of the Council.
  • 23. Page 23 of 34 Members of the Executive Committee are elected from amongst the members of the Bar Council of India. The committee elects its Chairman and Vice-chairman. The Executive Committee has the power: • To manage the funds of the Council, • To invest the funds of the Council in the manner directed by the Council from time to time, • To grant leave to members of the staff, other than casual leave, • To prescribe books of account, registers and files for the proper management of the affairs of the Council, • To appoint and supervise the work of the members of the staff and prescribe their conditions of service • To appoint auditors and fix their remuneration, • To consider the annual audit report and place it before the Council with its comments for its consideration, • To maintain a library and under the directions of the Council, publish any journal, treatise or pamphlets on legal subjects, • To prepare and place before the Council, the annual administration report and the statement of account, • To provide for proper annual inspection of the office and its registers, • To authorise the Secretary to incur expenditure within prescribed limits, • To fix travelling and other allowances to members of the committees of the Council, and to members of the staff, • To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers, • To do all other things necessary for discharging the aforesaid functions. ADVOCATE WELFARE COMMITTEE The Advocates Welfare Committee looks into applications made by advocates through various State Bar Councils for welfare funds. The committee verifies the application and allocates funds. The Advocates Welfare committee is empowered by the Advocates Welfare Fund Act, 2001. The State Bar Council shall pay to the Fund annually, an amount equal to twenty per cent of the enrolment fee received by it from advocates clause (f) of Section 24 of the Advocates Act.
  • 24. Page 24 of 34 The members of the Advocates Welfare Committee are elected from amongst the members of the Bar Council of India. The term of each member in this committee is two years. LEGAL AID COMMITTEE The Legal Aid Committee provides aids to those requiring legal assistance. 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.
  • 25. Page 25 of 34 Directorate of legal education The Bar Council of India Vide their Resolution No.115/2012 have resolved to constitute a Directorate of Legal Studies and Law Reforms as well as Legal Education Committee. The aforesaid Directorate shall discuss and lay down the procedure for conducting, holding and administering the following functions :- (i) To monitor the All India Bar Examination; (ii) Continued Legal Education; (iii) Educational programmes in various centers of Legal Education and court premises; (iv) Moot Court competitions at National and international levels; (v) Scholarships to students; (vi) Discussions/ seminars on various issues; and (vii) Reforms in Legal Field, and to discuss any other issues assigned to it by the Bar Council of India. The gist of the discussion and the resolutions of the Directorate are to be placed the Legal Education Committee of Bar Council of India or before Bar Council of India for necessary action and final decision.
  • 26. Page 26 of 34 The BCI has informed that the Directorate and Legal Education Committee is constituted, consisting of a sitting Judge of Hon’ble Apex court who happens to be the director-in-chief of the Directorate; 3 Hon’ble sitting Judges of different High Courts including that of a Delhi High court, are the members of the Directorate; Attorney General for India and Solicitor General of India, apart from them, Vice- Chancellors of 3 National Law Schools; reputed Senior Advocates of Supreme Court of India; some retired Judges and the Secretary, Ministry of Law and Justice, Department of Legal Affairs, are the members of the Directorate. Other academicians of the country are also invited as a special invitee of the Director at the time of its meeting. The Directorate and Legal Education Committee discuss and deal with the continuing Legal Education, Teacher’s Training, advanced specialized courses, education programme for students, seminars and workshops, legal research and all other issues, revision of curriculum for the law Courses etc. The Bar Council of India itself is taking care of Legal Education, Continuing Legal Education for development of professional skills, it undertakes training programmes and workshops for young lawyers frequently.
  • 27. Page 27 of 34 The All India Bar Examination Rules The Bar Council of India resolution at its meeting held on 30 April to amend Part VI, Chapter III of the Bar Council of India Rules (Conditions for Right to Practice) was published in the Gazette of India on June 12, 2010. The following resolution was adopted by the Bar Council of India on 10 April 2010 to conduct an All India Bar Examination, the passing of which will entitle an advocate to practice law in India. Consequent to the resolution, the following rules were inserted into Part VI, Chapter III of the Bar Council of India Rules. RESOLVED that as the Bar Council of India is vested with the power of laying down conditions subject to which an advocate shall have the right to practice, these Rules, therefore, lay down such condition of an All India Bar Examination, the passing of which would entitle the advocate to a Certificate of Practice which would permit him/her to practice under Chapter IV of the Advocates Act, 1961. No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of
  • 28. Page 28 of 34 India. 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.
  • 29. Page 29 of 34 The All India Bar Examination The All India Bar Examination shall be conducted by the Bar Council of India. (a) The Bar Examination shall be held at least twice each year in such month and such places that the Bar Council of India may determine from time to time. (b) The Bar Examination shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time. (c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination. (d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India. (e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances. (f) The Bar Council of India, through a committee of experts, shall determine the syllabi, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters. (g) The Bar Council of India shall determine the manner and format of application for the examination. (h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice.
  • 30. Page 30 of 34 Application for Certificate of Practice (1) The Certificate of Practice shall be issued by the Bar Council of India to the address of the successful advocate within 30 days of the date of declaration of results. (2) The Certificate of Practice shall be issued by the Bar Council of India under the signature of the Chairman, Bar Council of India.
  • 31. Page 31 of 34 Right To Information The following are the officials to be contacted for any Information as per the Right to Information Act:- Appellate Authority of the Bar Council of India 1. Mr. Jogi Ram Sharma, Secretary Appellate Authority, Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi – 110002. Central Public Information Officer of the Bar Council of India 2. Mr. Ashok Kumar Pandey, Joint Secretary/CPIO AIBE/Writ/Revision Department Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi – 110002.
  • 32. Page 32 of 34 3. Mrs. Archana Gupta, Accounts Officer-cum-Assistant Secretary, Account Department Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi – 110002. 4. Mrs. Archana Gupta, Assistant Secretary, Council Department Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi – 110002. 5. Mrs. Kusum Srivastava, Assistant Secretary, Disciplinary Committee Department Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi – 110002. 6. Mr. N. Senthil Kumar, Assistant Secretary, Legal Education Department Bar Council of India, 21, Rouse Avenue, Institutional Area, New Delhi – 110002.
  • 33. Page 33 of 34 Conclusion The Bar Council of India has a lot of functions vested within itself, whereby exercising those functions it can restructure and reframe the entire legal arena in the country. In fact, it can be more predominantly envisaged that in modern times it has hardly contributed constructively in the improvement of law in India. There are certain loopholes in the legal arena in India today which the Bar Council must look into, in order to protect the law standard from degradation and to maintain the same standards.
  • 34. Page 34 of 34 References 1) https://en.wikipedia.org/wiki/Advocate#India 2) http://www.legalpoint.in/advocatesright.php 3) http://www.lawyersclubindia.com/forum/RIGHTS-OF-AN-ADVOCATE 1272.asp#.Vq43C9J94_4 4) http://blog.ipleaders.in/right-of-a-lawyer-to-practice-in-india-and-duties-of-a lawyer/ 5) http://www.barcouncilofindia.org 6) https://en.wikipedia.org/wiki/Bar_Council_of_India#Enrollment_of_advocates