bar council of india

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BAR COUNCIL OF INDIA 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 and etiquette and exercises disciplinary jurisdiction. It sets standards for legal education and grants recognition to Universities whose degree in will serve as a qualification for students to enrol themselves as advocates upon graduation. In addition, it performs 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 main objective intended was to control and govern the working of all immediate subsidiary state-level bar councils besides laying down the standards of professional conduct and etiquette. It comes under the purview of Ministry of Law and Justice, Government of India and it is a corporate body having perpetual succession and a common seal. The Bar Council of India has constituted several committees such as the Education Committee, the Disciplinary Committees, the Executive Committee, the Legal Aid Committee, the Advocates Welfare Fund Committee, the Rules Committee and various other Committees formed to look after the specific issues arising from time to time. 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

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Page 1: Bar Council of India

BAR COUNCIL OF INDIA

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 and etiquette and exercises disciplinary jurisdiction. It sets standards for legal education and grants recognition to Universities whose degree in will serve as a qualification for students to enrol themselves as advocates upon graduation.

In addition, it performs 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 main objective intended was to control and govern the working of all immediate subsidiary state-level bar councils besides laying down the standards of professional conduct and etiquette.

It comes under the purview of Ministry of Law and Justice, Government of India and it is a corporate body having perpetual succession and a common seal. The Bar Council of India has constituted several committees such as the Education Committee, the Disciplinary Committees, the Executive Committee, the Legal Aid Committee, the Advocates Welfare Fund Committee, the Rules Committee and various other Committees formed to look after the specific issues arising from time to time.

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.

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.

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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.

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.

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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.

CONSTITUTION

The council has 18 members including the Attorney General of India and the Solicitor General of India.

The Attorney General and the Solicitor General are the Ex-officio Members, while the other 16 Members of the council represent the 16 State Bar Councils in the country.

The council is headed by a Chairman and Vice-Chairman, who are selected from among the council members for two-year tenure.

The council members are elected for period of five years.

CURRENT MEMBERS OF THE COUNCIL

The current Chairman, Ashok Parija succeeded Gopal Subramaniam who laid down office upon his resignation as Solicitor General of the country.

The other members of the Council are:

R. Dhanapal Raj

R. Dhanapal Raj, the Vice-Chairman of the Bar Council of India, enrolled in Tamil Nadu in 1978. He was first elected to the State Bar Council of Tamil Nadu in 1994 and to the Bar Council of India in 2005, where he was Chairman of the Executive Committee till 2007.

Ashok Kumar Deb

Ashok Kumar Deb, the Managing Trustee of the Bar Council of India Trust, is the member from the State Bar Council of West Bengal.

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Milan Kumar Dey

Milan Kumar Dey, who is the Chairman of the Executive Committee, is the member from the State Bar Council of Jharkhand. He enrolled as an advocate in 1990. He was elected member of the Bar Council of Jharkhand and a member of the Bar Council of India in 2006.

Daulat Ram Sharma  

Daulat Ram Sharma, the Associate Managing Trustee of the Bar Council of India Trust, is the member from the State Bar Council of Himachal Pradesh. He enrolled as an advocate in 1976. He was elected to the State Bar Council of Himachal Pradesh in 2000 and to the Bar Council of India in 2006.

Brij Mohan Vinayak

Brij Mohan Vinayak is the member from the State Bar Council of Punjab & Haryana. He enrolled as an advocate in 1979 and became a member of the State Bar Council of Punjab and Haryana in 2002. He became Vice-Chairman in 2005 and was elected member of the Bar Council of India in 2010.

G E Vahanvati

G E Vahanvati is the Attorney General of India and an ex-officio member of the Bar Council of India.

Faisal Rizvi

Faisal Rizvi is the member from the State Bar Council of Chhattisgarh. He has practiced law since 1991. In 2002, he was first elected to the State Bar Council of Chattisgarh and was elected to the Bar Council of India in the same year.

Rajendra B. Raghuvanshi

Rajendra B. Raghuvanshi is the member from the State Bar Council of Maharashtra & Goa. He enrolled as an advocate in 1981. He was elected Chairman of the Bar Council of Maharashtra and Goa in 1998, and in 2004, he was elected to the Bar Council of India.

S. Gopakumaran Nair

S. Gopakumaran Nair is the member from the State Bar Council of Kerala.

Gopal Narain Mishra

Gopal Narain Mishra is the member from the State Bar Council of Uttar Pradesh. He enrolled in Lucknow in 1970. He was first elected to the State Bar Council of Uttar Pradesh in 1994 and to the Bar Council of India in 2006.

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M. Rajender Reddy

M. Rajender Reddy is the member from the State Bar Council of Andhra Pradesh where he was previously Chairman.

Hemantkumar J. Patel

Hemantkumar J. Patel is the member from the State Bar Council of Gujarat. He enrolled in Ahmedabad in 1977. He was first elected to the State Bar Council of Gujarat in 1994 and to the Bar Council of India in 2006.

Ashok Parija

Ashok Parija is the member from the State Bar Council of Orissa.

Zafar Ahmed Khan

Zafar Ahmed Khan is the member from the State Bar Council of Madhya Pradesh. He enrolled as an advocate in 1973. He was first elected member of the State Bar Council of Madhya Pradesh in 2008 and a member of the Bar Council of India in the same year.

Jagdeesh C M

Jagdeesh C M is the member from the State Bar Council of Karnataka. He enrolled as an advocate in 1981 and was elected as a member of the State Bar Council of Karnataka in 2006. In 2008, he was elected to the Bar Council of India.

Apurba Kumar Sharma

Apurba Kumar Sharma is the member from the State Bar Council of Assam, Nagaland, Meghalaya, Mizoram, Sikkim and Arunachal Pradesh.

Vijay Bhatt

Vijay Bhatt is the member from the State Bar Council of Uttarakhand. He was first elected to the State Bar Council of Uttarkhand in 2004. He was elected to the Bar Council of India in 2010.

Biri Singh Sinsinwar

Biri Singh Sinsinwar is the member from the State Bar Council of Rajasthan. He was elected Chairman of the Bar Council of Rajasthan in 2003 and recently to the Bar Council of India.

Shri Rajinder Singh Rana

Rajinder Singh Rana is the member from the State Bar Council of Delhi. He was first elected to the state Bar Council of Delhi in 1998 where he became Vice Chairman in 2000. In 2010, he was elected to the Bar Council of India. He was arrested on 20 December 2010 by CBI on charges of taking bribe for granting recognition to a Law college in Ghaziabad.

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Manan Kumar Mishra

Manan Kumar Mishra is the member from the State Bar Council of Bihar. He enrolled as an advocate in 1980 and was elected a member of the State Bar Council of Bihar in 1988. He was elected to the Bar Council of India in 2010.

FUNCTIONS

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:

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 recognise Universities whose degree in law shall be a qualification for enrolment as an advocate. The Bar Council of India visits and inspects Universities, 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 organise legal aid to the poor.

10.To recognise 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.

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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.

COMMITTEES

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.

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:

1.    To make recommendations to the Council for laying down the standards of legal education for Universities.

2.    To visit and inspect Universities and report the results to the Council.

3.    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.

4.    To recommend to the Council for recognition of any degree in law of any University in the territory of India.

5.    To recommend the discontinuance of recognition of any University already made by the Council.

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Disciplinary Committee

The disciplinary committees 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.

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:

1.     To manage the funds of the Council,

2.     To invest the funds of the Council in the manner directed by the Council from time to time,

3.     To grant leave to members of the staff, other than casual leave,

4.     To prescribe books of account, registers and files for the proper management of the affairs of the Council,

5.     To appoint and supervise the work of the members of the staff and prescribe their conditions of service

6.     To appoint auditors and fix their remuneration,

7.     To consider the annual audit report and place it before the Council with its comments for its consideration,

8.     To maintain a library and under the directions of the Council, publish any journal, treatise or pamphlets on legal subjects,

9.     To prepare and place before the Council, the annual administration report and the statement of account,

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10.   To provide for proper annual inspection of the office and its registers,

11.   To authorise the Secretary to incur expenditure within prescribed limits,

12.   To fix travelling and other allowances to members of the committees of the Council, and to members of the staff,

13.   To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,

14.   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.

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

Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.

Services offered by the Legal Services Authority:

Payment of court and other process fee; Charges for preparing, drafting and filing of any legal proceedings; Charges of a legal practitioner or legal advisor; Costs of obtaining decrees, judgments, orders or any other documents in a legal

proceeding; Costs of paper work, including printing, translation etc.

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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.

DIRECTORATE OF LEGAL EDUCATION

The Bar Council of India has established a Directorate of Legal Education for the purpose of organizing, running, conducting, holding, and administering the following.

(a) Continuing Legal Education (b) Teachers training(c) Advanced specialized professional courses (d) Education program for Indian students seeking registration after obtaining Law Degree from a Foreign University(c) Research on professional Legal Education and Standardization (f) Seminar and workshop (g) Legal Research (h) Any other assignment that may be assigned to it by the Legal Education committee and the Bar Council of India.

Prof. V.B. Coutinho, the former Vice-Chancellor of Gulbarga University is the first Director of the Directorate of Legal Education and Prof. Rahul Singh is Associate Director.

INTERNATIONAL AFFILIATIONS

In recent years, there has been a tremendous increase in cross border transactions and international trade leading to an increased interaction between legal communities of various jurisdictions. As companies and businesses become more deeply involved in the regional economy as well as in the global economy, they require expert legal assistance and guidance from lawyers in their home countries as well as from lawyers throughout the region and even beyond. Affiliations of the Bar Council of India with the bars of other nations are critical for various purposes.

The affiliation would be formed for:

Defending the legal principles of democracy and rule of law.

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Providing better access to justice to the people of the two nations i.e. citizens of India and the nationals of the affiliated Bar under the jurisdiction of the two nations.

Representing its members in their dealings with other lawyer organisations around the world on issues of common interest to the legal profession, such as the fight against terrorism and other serious crime, and the ability of lawyers globally to practice their profession freely without harassment or hindrance.

Providing better access to the legal information of the two countries to the members of the affiliated Bar’s to facilitate their practice.

Providing a point of legal assistance and advice in dealings between the two nations resulting in binding treaties, conventions or protocols. This could provide better cooperation and understanding between countries resulting in a more efficient treaty forming activity between two countries.

Formulating a common code of conduct relating to interactions between the members of the affiliated Bar. The code could be to promote respect towards professional colleagues, and to promote the rule of law and the fair administration of justice in two nations.

Formulation of committee’s which would consist of the members of the two Bar’s for the purpose of giving advice to the government in relation to cross border transactions.

The affiliation could also facilitate the policy work. Bringing about harmony in the laws of the two countries and to help formulate domestic

laws in harmony with the international principles. Providing a forum where the residents of the nations of the two Bar’s forming the

affiliation could put up their grievances against any member of the Bar. Providing legal aid services to the nationals of the Bar forming affiliation and for

achieving the same for our citizens in the other nation. Ensuring that a proper legal defense is given to the national of the state of affiliated Bar in

any criminal prosecution against him by the other state and ensuring the procedural rights of the national is protected.

Protecting and promoting the human rights of the citizens of the two nations. Developing and publishing journals of international repute in cooperation with the

affiliated Bar taking advantage of the interaction between the legal community of the two nations.

Providing a forum where the lawyers could discuss legal, business and policy issues affecting the affiliated nations in a manner that fosters collegiality and the development of close personal and professional relationships that enhance legal practice opportunities and professional networking.

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FORMER CHAIRMEN

Name From To

1. Shri M. C. Setalvad 18-8-1962 31-12-1962

2. Shri C. K. Daphtary 26-1-1963 31-10-1968

3. Shri H. D. Srivastava 11-7-1969 28-11-1970

4. Shri R. B. Jethmalani 29-11-1970 11-9-1976

5. Shri Niren De 15-10-1976 31-3-1977

6. Shri S. V. Gupte 1-4-1977 17-3-1978

7. Shri R. B. Jethmalani 18-3-1978 17-3-1980

8. Shri Ranjit Mahanty 18-3-1980 17-3-1984

9. Shri B. N. Bajpayee 18-3-1984 17-3-1986

10. Shri V. C. Mishra 18-3-1986 7-5-1987

11. Shri C. L. Sachdeva

(Acting Chairman)8-5-1987 26-7-1987

12. Shri V. R. Reddy 26-7-1987 18-2-1990

13. Shri K. J. Shethna

(Acting Chairman)18-2-1990 17-3-1990

14. Shri L. P. Bhargava 18-3-1990 17-3-1992

15. Shri V. C. Mishra 18-3-1992 10-3-1995

16. Shri R. Muthukrishnan

(Acting Chairman)11-3-1995 5-5-1995

17. Shri O. P. Sharma 6-5-1995 31-3-1998

18. Shri Dhairyasheel V. Patil 1-4-1998 25-4-1998

19. Shri S. K. Kharventhan

(Acting Chairman)25-4-1998 15-5-1998

20. Shri Arun Mishra 15-5-1998 24-10-1999

21. Shri S. K. Kharventhan

(Acting Chairman)25-10-1999 17-12-1999

22. Shri S. K.Kharventhan 18-12-1999 16-4-2000

23. Shri D. V. Subba Rao 17-4-2000 16-4-2004

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24. Shri Jaganath Patnaik 17-4-2004 5-5-2007

25. Shri S. Gopakumaran Nair 5-5-2007 16-4-2008

26. Shri Suraj Narain Prasad Sinha 17-4-2008 16-4-2010

27. Shri Gopal Subramanium 17.04.201024.07.2011 (before

Noon)

28. Shri Ashok Parija 24.07.2011

(A.N.)

FORMER VICE CHAIRMEN

Name                                                                        From                                   To

1. Shri C. K. Daphtary                                                18-8-1962                        25-1-1963

2. Shri S. K. Ghose                                                     26-1-1963                        20-7-1964

3. Shri H. N. Sanyal                                                    6-9-1964                        8-9-1964

4. Shri S. V. Gupte                                                     31-10-1964                        16-9-1967

5. Shri H. D. Srivastava                                                20-9-1967                        10-7-1969

6. Shri R. B. Jethmalani                                                10-1-1970                        28-11-1970

7. Shri P. Ramachandra Rao                                    5-1-1971                        15-4-1974

8. Shri Rajendra Singh                                                7-7-1974                        17-3-1978

9. Shri Ranjit Mahanty                                                18-3-1978                        17-3-1980

10. Shri B. N. Bajpayee                                                18-3-1980                        17-3-1982

11. Shri N. Rangaraj                                                            18-3-1982                        17-3-1984

12. Shri V. C. Mishra                                                18-3-1984                        17-3-1986

13. Shri C. L. Sachdeva                                                18-3-1986                        17-3-1988

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14. K. J. Shethna                                                            18-3-1988                        17-3-1990

15. Shri L. Nandakumar Singh                                    18-3-1990                        17-3-1992

16. Shri Saradindu Biwas                                                18-3-1992                         17-3-1994

17. Shri R. Muthukrishnan                                                18-3-1994                        3-7-1995

- 2 -

18. Shri R. S. Chahar                                                5-11-1995                        17-3-1996

19. Shri Jagannath Patnaik                                                18-3-1996                        14-5-1997

20. Shri Arun Mishra                                                11-8-1997                        31-3-1998

21. Shri S. K. Kharventhan                                                1-4-1998                        24-10-1999

22. Shri V. Y. Halappa                                                5-2-2000                        16-4-2000

23. Shri Dilip B. Bhosale                                                17-4-2000                        21-2-2001

24. Shri B. S. Rathore                                                31-3-2001                        16-4-2002

25. Shri Adish C. Aggarwala                                    17-4-2002                        24-12-2003

26. Shri N. S. Bhatt                                                            17-4-2004                        10-7-2005

27. Shri B. S. Chauhan                                                11-7-2005                        12-1-2006

28. Shri Jagbir Singh Dalal                                                11-2-2006                        16-4-2006

29. Shri Rajendra B. Raghuvanshi                                    17-4-2006                        5-5-2007

30. Shri Jai Ram Beniwal                                                5-5-2007                        9-1-2010

31. Shri Faisal Rizvi                                                            5-2-2010                        16-4-2010

32. Shri R. Dhanapal Raj                                                  17.04.2010

33. Shri Zafar Ahmed Khan                                          24.07.2011 (A.N.)

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BAR COUNCIL OF INDIA TRUST

The Bar Council of India Trust was created by the Bar Council of India on April 27, 1974 as a public charitable trust. The trust works towards maintaining professional standards in the legal profession and effecting improvements in legal education. Towards this end, the trust is mandated to establish law schools of excellence and to promote legal research.

The Board of Trustees of the Bar Council of India Trust comprises the Chairman of the Bar Council of India and four other trustees elected for a four-year term from amongst the BCI members. The trustees elect a Managing Trustee and an Assistant Managing Trustee. The Managing Trustee oversees the day-to-day administration of the Trust through its Secretary.The Trust is also active in other fields such as providing legal aid to the disadvantaged; publication of textbooks for students and law reports; and activities promoting welfare of the members of the Indian legal profession. For instance, the Trust assists the professional development of numerous deserving junior advocates through its placement scheme. The Trust regularly selects advocates under the scheme for year-long training under experienced and reputed legal professionals at the High Courts and the Supreme Court such as senior advocates and Bar Council of India members.

National Law School of India University, Bangalore

The Bar Council of India Trust is also at the forefront in delivering world-class instruction in law, in India. The Trust established the first National Law University in Bangalore in 1987. The National Law School of India University (“NLSIU”) is now recognised the world over as a pre-eminent centre of legal studies and research. It was the inspiration for the establishment by various states of similar National Law Universities such as the NALSAR University, Hyderabad and the West Bengal National University of Juridical Sciences, Kolkata.National Moot Court Competition

The National Moot Court Competition of the Bar Council of India is organised under the aegis of the Trust, and has been promoting advocacy skills amongst law students, since its inception in 1981. The eagerly awaited event is organised by the Trust in association with an Indian University and sees fierce competition between teams from 40 different universities.

In 2009, at the competition held in Gujarat, NALSAR, Hyderabad took home the top honours and ILS, Pune were runners up. Since 2005, ILS, Pune and NLSIU, Bangalore have won the trophy twice.

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Indian Bar Review

The Indian Bar Review, the quarterly journal of the Bar Council of India Trust, is rated among the top legal periodicals in the country. Since 1972, the journal has informed and educated the judiciary, lawyers, students, and academics about the latest trends, developments, and scholarship in the field of law and legal education.

Continuing Legal Education

The BCI trust is invested heavily in updating the knowledge and skills of practicing advocates and to promote specialisation in professional services. Workshops are organised regularly in various parts of the country to help advocates develop their skills in a variety of topics like constitutional litigation, advocacy, labour adjudication, tort litigation, administrative law and adjudication and environmental laws. The Trust has also assembled high-quality reading materials on all these subjects.

ENROLMENT OF ADVOCATES

Eligible persons 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 enrolment of advocates. Contact details for individual Councils can be found here.

The Council’s Enrolment Committee may scrutinise a candidate’s application. Those admitted as advocates by any State Bar Council are eligible for a Certificate of Enrolment.

All applicants for enrolment as advocates are required under Section 24 (1) (f) of the Advocates Act, 1961 to pay an enrolment fee of Rs.600/- (Rupees Six hundred only) to the respective State Bar Council and Rs.150/- (Rupees One hundred Fifty only) to the Bar Council of India. These payments should be made using separate demand drafts.

PROFESSIONAL STANDARDS

Advocates have the dual responsibility of upholding the interests of the client fearlessly while conducting themselves as officers of the court. Accordingly, they are expected to adhere to the highest standards of probity and honour. An advocate’s conduct should reflect their privileged position in society which derives from the nobility of this profession.  In a nut shell, if you are an advocate your service to the common man should be compassionate, moral and lawful.The rules mentioned in the Chapter II, Part IV of the Bar Council of India Rules on standards of professional conduct and etiquette shall be adopted as a guide for all advocates in conducting matters related to law.

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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 shall be held biannually, in April and November, and will test advocates on substantive and procedural law. It will assess basic analytical capabilities and knowledge of law. The syllabi for this examination will 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.

The first All India Bar Examination is scheduled to take place on December 5, 2010. It will be mandatory for law students graduating in the academic year 2009-2010 and onwards to clear this exam in order to practice law in India.