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 “Duties and Functions of State Bar Council”

Bar and Bench is the spinal cord of this legal system. Only a coordinated activity
of these entities can produce a smooth functioning of legal system. Eminent
lawyers at the Bar receive almost the same respect as Judges. And only the
cooperation and unity among lawyers can make this system move forward. The
Advocate Act, 1961, has made provisions for the establishment of Bar Councils.
The Bar Council will be two patterns - Bar Council of India and State Bar Council.

“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.”

“As per Section 5 of the Act, every Bar Council shall be a body corporate with
perpetual succession and common seal. It can acquire and hold properties. It can
sue or be sued.”

“As per Section 8 of the Act, the tenure of a member shall be five years from the
date of publication of the result. But if the Council fails to conduct an election
before the expiry of the term, it may extend such tenure by a maximum of six
months by recording reasons in writing.”

“As per Section 10B of the Act, an elected member to the council may be
disqualified on the grounds that he was absent in consecutive meetings or his name
is removed from roll of Advocates or he is disqualified under any rules prescribed
by Bar Council of India.”
 “Functions of State Bar Council”

“Section 6 of the Act lays down the important functions of a State Bar Council.”

 “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 legal topics by eminent jurists
and publish journals and papers of legal interest.
 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 visit and inspect Universities in accordance with the rules for imparting
legal education.
 To promote the growth of Bar Associations for the purpose of effective
implementation of welfare schemes introduced by the Council.
 To perform any other functions as prescribed by the Act.
 The time within which and form in which an Advocate shall express his
intention for the entry of his name in the roll of State Bar Council.
 The form in which an application shall be made to the Bar Council for
admission as an Advocate on its roll.
 The conditions subject to which a person may be admitted as an Advocate
on any such roll.
  The instalments in which the enrolment fee may be paid.”
 “The Council may constitute funds for the purpose of:
 Giving financial assistance to organize welfare schemes for the indigent,
disabled or other Advocates.
 Giving legal aid or advice in accordance with the rules.”

“The Council may constitute funds for the purpose of:”

 “Giving financial assistance to organize welfare schemes for the indigent,
disabled or other Advocates.
 Giving legal aid or advice in accordance with the rules.”

“The State Bar Council may receive gifts, donations or any grants for the purposes
mentioned above and such amount may be credited to the welfare funds constituted
accordingly.”
 “Duties And Functions of Bar Council of India”

“The primary body for regulating legal profession and legal education, to some
extent, is the bar council of a particular country. The trend of establishing bar
councils is popular within countries following the common law system. It is a
professional body, usually established through a statute. In India, the Bar Council
of India is the statutory body that regulates the lawyers and their practice. Section 4
of the Advocates Act, 1961, states the establishment of the Bar Council, as well as
its composition and Section 7 states the functions of the Bar Council of India.”

“Functions of Bar Council of India”

“Section 7 of the Advocates Act mentions the functions of the Bar Council of
India. Further amendment to the Act in 1973 added more functions to the list.”

1. “The Bar Council lays down the standards of professional conduct and the
etiquette required to be followed by the advocates.
2. It also lays down the procedure which is to be followed by the various
committees of the Bar Council.
3. The advocates are also accorded certain rights, privileges and interests,
which need to be safeguarded by the Bar Council.
4. Reforms in the existing law of the country are also worked upon by the
Council.
 5. Whenever a state Bar Council refers a matter to the All-India Bar Council, it
has to look into the details of the same.”
6. “Legal education and any such standards to be achieved in the field of legal
education are regulated by the Council.
7. The universities the law degrees of which are to be recognized are also
selected by the Bar Council.
8. Legal knowledge is also to be promoted by the Council, in ways of seminars
on legal topics by jurists and publishing of journals and papers on legal
issues.
9. Right to legal aid, which is a right guaranteed by the Constitution, is also to
be provided by the Bar Council, to the poor.
10.Foreign qualifications for law are also to be recognized and regulated by the
Council, in case an advocate obtains education outside the country.
11.The funds of the Council are structured and managed by the Council itself.
12.The various members who shall run the state Bar Councils are also elected
by the All-India Bar Council.”

Apart from granting legal aid to the poor, the Bar Council can also organize
welfare schemes, for the poor, differently abled or certain advocates. The Council
can also establish libraries for the sole purpose of propagating legal education. For
these purposes, the Bar Council can receive grants, gifts or donations.