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Bar Councils

[childs_pages]Bar Council of India is a statutory body which was created by the Parliament to regulate and represent Indian bar. BCI performs regulatory function by prescribing the standards of professional conduct and etiquette and by exercising the disciplinary jurisdiction over Bar. Bar Council of India was established by Parliament under Advocates Act,1961

Law graduate is thus required to enroll with the Bar Council of India (BCI). Process of enrollment of the law graduate is delegated by the Bar Council of India to the State Bar Councils which present in almost each State.

Once the law graduate has got himself enrolled with State Bar Council, the law graduate is then recognized to practice as an Advocate provisionally for the period of 2 years, within which they must clear All India Bar Examination (AIBE) which is conducted by the Bar Council of India.

Once the Advocate has cleared AIBE test, they are then entitled to appear and practice before any court of law in India.

Bar Council of India prescribes standards of professional conduct and etiquette by exercising disciplinary jurisdiction over the Bar.

Bar Council of India also perform certain representative functions by protecting rights, privileges and interests of the advocates and through creation of the funds for providing financial assistance to organise the welfare schemes for them.Here is the list of statutory functions under Section 7 which cover the Bar Council of India’s regulatory and the representative mandate for legal profession and the legal education in India: 1. BCI lays down standards of the professional conduct and etiquette for the advocates.

2. BCI lays down the procedure to be followed by its Disciplinary Committee and Disciplinary Committees of each State Bar Council.

3. BCI safeguards rights, the privileges and interests of advocates.

4. BCI promotes and support reform of law.

5. BCI deals with and disposes of any matter which may be referred to it by State Bar Council.

6. BCI takes active steps to promote legal education and lays down standards of legal education. This is done in consultation with Universities in India imparting the legal education and State Bar Councils.

7. It also recognises the Universities whose degree in law shall be a qualification for enrollment as an advocate. Bar Council of India visits and inspects the Universities, or directs State Bar Councils to visit and inspect the Universities for this purpose.

8. It conducts seminars and talks on the legal topics by the eminent jurists and publishes journals and papers of the legal interest.

9. BCI organises legal aid to the poor.

10. BCI recognises on the reciprocal basis, foreign qualifications in law obtained outside India for purpose of admission as an advocate in India.

11. BCI also manages and invests its funds.

12. BCI provides for election of its members who shall run Bar Councils.

The Bar Council of India can constitute funds for following purposes: 1. BCI can constitute fund for giving financial assistance to organise the welfare schemes for the poor, disabled or other advocates,

2. For Giving legal aid, and

3. For Establishing law libraries.

Bar Council of India can receive grants, donations, and gifts for any of these purposes.

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.

  • 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.
  • Legal Education Committee: This committee make recommendations to the BCI on matters related to legal education and sets standards of legal education, visits and inspects universities, recommend the pre requisites for foreign advocates practicing law in India, recommend recognition or discontinuance of a law degree from a university etc.
  • Disciplinary Committee: This committee reviews applications by persons against summary dismissal of their complaints against advocates for professional misconduct, by the state bar councils and appeals against orders of the disciplinary committees of the state bar councils.
  • Advocate Welfare Committee: This committee looks into applications made by advocates for welfare funds. It verifies the application and provides funds. The Advocates Welfare committee is certified by the Advocates Welfare Fund Act, 2001.
  • 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.

Other than these, there are Finance Committee, Special or Oversee Committee and All India Bar Examination Committee.

Direct Web Links to State Bar Councils Websites-

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