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State Bar Council and Bar Council of India

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State Bar Councils

The State Bar Councils are statutory bodies established under


Section 3 of the Advocates Act, 1961. They act as regulatory
bodies, making rules for the legal profession and education in
their respective states and also act as the representatives of the
advocates of that state, thereby acting in their interests. They
work in coordination with and under the supervision of the Bar
Council of India, which is a national body established under
Section 4 of the Advocates Act, 1961.
Structure of State Bar Councils

Section 3 of the Advocates Act mandates that there shall


be a Bar Council for every state, and it shall be called as
Bar Council of that state.
There shall be a Chairman and Vice Chairman of each
Bar Council elected by the Council. The Advocate –
General of a state shall be ex-officio member of that
State Bar Council.
There shall be 15 members in a State Bar council if
the electorate doesn’t exceed 5,000. And it
becomes 20 if the electorate ranges between 5,000
– 10,000.
There shall be 25 members in the Council if the number
exceeds 10,000. The members of the Council are elected
through a system of proportional representation by
means of the single transferable vote from amongst
Advocates on the electoral roll of the State Bar Council.
Functions of State Bar Councils
Section 6 of the Act lays down the important
functions of a State Bar Council. They are as
follows:
 To admit persons as Advocates on its roll.
 To prepare and maintain such roll.
 To entertain and determine cases of misconduct
against Advocates on its roll.
 To safeguard the rights, privileges and interests of
Advocates on its roll.
 To promote and support law reform.
 To conduct seminars and organize talks on leg
.
 To organize legal aid to the poor.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members.
 To perform any other functions as prescribed by the
Act.
 To do all other things necessary for discharging the
aforesaid functions.
The Bar Council Of India

The Bar Council of India is a statutory body created by Parliament


under the Advocates Act,1961 to regulate and represent the Indian
bar. It performs the regulatory function by prescribing standards of
professional conduct and etiquette (proper behaviour) and by
exercising disciplinary jurisdiction over the bar. It 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.
Structure
The Bar Council of India shall consist of:
The Attorney General of India and the Solicitor General of India are Ex-
officio members of the council and the other members represent the
State Bar Councils in the country.
The members are elected for five years and the chairman and vice-
chairman are elected for two years from among the members of the Bar
Council of India.
Powers and Functions of the Bar Council

Section 7 of the Advocates Act provides for the functions of the Bar
Council of India.
To lay down standards of professional conduct and etiquette for
advocates
To lay down the procedure to be followed by its disciplinary committee
and the disciplinary committee of each State Bar Councils
To safeguard the rights, privileges and interests of advocates
To promote and support law reform
 To recognize universities whose degree in law will 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
 To conduct seminars and talks on legal topics by eminent jurists and
publish journals and papers of legal interest
 To organize legal aid to the poor
 To deal with and dispose of any matter arising under this act, which may
be referred to it by a State Bar Council
 To exercise general supervision and control over State Bar Councils
 To manage and invest the funds of the Bar Council
 To provide for the election of its members who will run the Bar
Councils
 To perform all other functions conferred to it by or under this
Act
 To do all other things necessary for discharging the aforesaid
functions.

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