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Constitution and Functions of Bar Council of India - SRD Law Notes
Constitution and Functions of Bar Council of India - SRD Law Notes
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Administration of justice
Section 4 (1) of the Advocate Act 1961 provides that there shall be a Bar Council for the territories to which this Act
extends to be known as the Bar Council of India which shall consist of the following members, namely — Banking Law
(c) one member elected by each State Bar Council from amongst its members. Constitutional Law
Section 4(1-A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses Cyber Law
the qualifications specified in the proviso to sub-section (2) of section 3 of the Advocates Act.
Family Law
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elected by the Council in such manner as may be prescribed. Hindu Family Law
Hindu Law
Section 4 (2-A) 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 , shall, on such commencement, Human Rights
cease to hold office as Chairman or Vice- Chairman, as the case may be:
Insurance Law
Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman,
International Law
as the case may be, of the Council, elected after the commencement of the Advocates (Amendments) Act, 1977,
assumes charge of the office. Jurisprudence
Labour Law
The term of office :
Law of Arbitration and Conciliation
The term of office of a member of the Bar Council of India elected by the State Bar Council shall —
Law of Conflict
(i) in the case of a member of a State Bar Council who holds office ex-officio, be two years from the date of Law of Contracts
his election or till he ceases to be a member of the State Bar Council, whichever is earlier, and
Law of Crime
(ii) in any other case, be for the period for which he holds office as a member of the State Bar Council:
Law of Evidence
Provided that every such member shall continue to hold office as a member of the Bar Council of India until his Law of Tort
successor is elected.
Legal History
Muslim Law
3) Bar Council to be body corporate (Section 5)
Professional Ethics
Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to
Property Law
acquire and hold property, both moveable and immovable, and to contract, and may by the name by which it is known
sue and be sued Public Interest Litigation
Transfer of property
Section 7 of the Advocates Act, 1961 provides that the functions of the Bar Council of India shall be —
(i) to lay down standards of professional conduct and etiquette for advocates;
(ii) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each
State Bar Council;
(v) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar
Council;
(vi) to exercise general supervision and control over State Bar Councils;
(vii) to promote legal education and to lay down standards of such education in consultation with the Universities
in India imparting such education and the State Bar Councils;
(viii) to recognize Universities whose degree in law shall be a qualification for enrollment as an advocate and for
that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in
accordance with such directions as it may give in this behalf;
(ix) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of
legal interest;
(xi) to recognize on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of
admission as an advocate under this Act;
(xv) to do all other things necessary for discharging the aforesaid functions;
(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of —
(a) giving financial assistance to organize welfare schemes for indigents, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes
specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.
See also
2) Who constitutes Bench and who constitutes Bar? Are there functions and objects different ?
3) What are the duties of an advocate towards his colleagues and opponent ?
5) Duties of an Advocate
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