of the case but passed the order of general release colofse to 40,000 under trials who had

Q. What is PIL? Feature of the PIL. Merit and Demerit of undergone deten on beyond such maximum period.
the PIL. Q.Bar Council of India. Structure and func on of state bar council India.
Ans-
*Public Interest Li ga on (PIL) means li ga on for the protec on of Public Interest. Ans-The Bar Council of India is a statutory body established under the sec on 4 of advocates
*Li ga on- Legal ac on Act 1961 that regulates the legal prac ce and legal educa on in India. Its members are elected
In India, Ar cle 32 of the Cons tu on contains proviosins regarding the involvement of public from amongst the lawyers in India and as such represents the Indian bar. It also sets standards
in the judiciary for legal educa on and grants recogni on to Universi es whose degree in law will serve as a
* PIL is a product of the ac vism of Supreme Court. qualifica on for students to enroll themselves as advocates upon gradua on
*There are certain objec ves of PIL which, according to Jus ce V.R. Krishna Iyer, “is a process of STRUCTURE OF THE BAR COUNCIL OF INDIA.
obtaining jus ce for the people, of voicing people’gsrievances through the legal process. The The Bar Council of India consists of 18 Members. The A orney General of India and the Solicitor
aim of PIL is to give to the common people of this conutry access to the Courts to obtain legal General of India are Ex-officio Members of the council and the other 16 Members represent the
16 State Bar Councils in the country. The Members are elected for a period of five years and the
redress”.
* Under the PIL, any public-spri ed ci zen or a sociaolrganisa on can move the court for the Chairman and vice -Chairman are elected for a period of twyoears from among the Members
of the Bar Council of India. The Bar Council furthnesristcso of various commi ee. Legal
enforcement of the rights of any person or group of p esorns who because of their poverty or Educa on Commi ee, Disciplinary Commi ee, Execu ve mCmoi ee, Legal Aid Commi ee,
ignorance or socially or economically disadvantagedi opnosare themselves unable to Advocates Welfare Fund Commi ee, Rules Commi ee andavrious other Commi ees formed
approach the court for the remedies. to look into specific issues arising from me to me.
* In a PIL, any member of the public having ' sufficeint interest' can apporach the court for the FUNCTIONS OF BAR COUNCIL OF INDIA.
enforcing the rights of other persons and rederessal of a common grievance. The Bar Council of India was established by Parliament under the Advocates Act, 1961. The
* According to the Supreme Court’s guidelines regarding the filing of Public Interest Li ga on, it Following statutory func ons under Sec on 7 cover the Bar Council‟s regulatory and
complies of the following le er pe ons such as: representa ve mandate for the legal profession and legal educa on in India:
1. Bonded labour ma ers 1. To lay down standards of professional conduct and e que e for advocates.
2. Neglected children 2. To lay down procedure to be followed by its pdliisncairy commi ee and the disciplinary
3. Non-payment of minimum wages to workers and their exploita on commi ees of each State Bar Council.
4. Pe ons from jails complaining of harassments, reelase on personal bond, speedy trial as a 3. To safeguard the rights, privileges and interestsof advocates.
fundamental right 4. To promote and support law reform.
5. Pe on against police for refusing to register a case, harassment at police sta on 5. To deal with and dispose of any ma er which may be referred to it by a State Bar Council.
6. Pe on on harassment of women, rape, kidnapping or murder 6. To promote legal educa on and to lay down standardesgoalf elduca on. This is done
inconsulta on with the Universi es in India imparegnagl leduca on and the State Bar
7. Pe ons on harassment of scheduled caste, sche duled tri be and other economically Councils.
backward classes. 7. To recognize Universi es whose degree in law sbhealla qualifica on for enrolment as
8. Pe ons pertaining to environmental pollu on, adisturbnce of ecological balance, anAdvocate. The Bar Council of India visits and inspeUcntisversi es, or directs the State
BarCouncils to visit and inspect Universi es for this purpose.
maintenance of heritage and culture, forest and wildlife etc. 8. To conduct seminars and talks on legal topics bnyenetmjuirists and publish journals
9. Pe ons from riot vic ms and papers of legal interest.
10.Family pensions. 9. To organize legal aid to the poor.
Procedures to file a PIL in the Court 10. To recognize on a reciprocal basis, the foreign qualifica ons in law obtained outside Indiafor
*Any ci zen can approach the court for public case o(unpthe interest of public) by filing a the purpose of admission as an advocate in India.
pe on: 11. To manage and invest the funds of the Bar Council.
*In Supreme Court under Ar cle 32 of the Cons tu on 12. To provide for the elec on of its members who shall run the Bar Councils
*In High Court under Ar cle 226 of the Cons tu on Powers of the Bar Council Of India
*In the Court of Magistrate under Sec on 133 crPC. 1. Admission as Advocates (sec 20 of the Advocate Act)
Features of PIL: 2. Appointment of Commi ee and Staff- members ( sec 9of the Advocate Act)
* For maintaining rule of law and accelera ng the balance between law and jus ce. 3. Maintenance of account, ( sec 12 of the Advocate Act)
* It is benificial for the developing country like India. 4. Rule- making power [ sec 15 (2) of the Advocate Act]
* It is for the welfare of every sec on of the society. 5. Power to punish the professional or other miscondutc. ( sec 36 of the Advocate act)
* To help the legislature to improve the new law. 6. Appellate power (Sec 37 of the Advocate Act)
* To bring jus ce within the reach of the poor masses, Merits 7. Other powers and func ons.
* Vigilant ci zens can find an inexpensive remedy becausethere is only a nominal rate of court -The councilOFelects
MEMBERS THE BAR COUNSIL OF INDIA.
its own chairmen for a period of two years amongst its members.
fees. -Vice-chairmen - The council elects its own vice-chairmen for a period of two years amongst its
* Li gants can focus a en on on and achieve resulatsinipnegrtto larger public issues members.
especially in the field of human rights, consumer welfare and the environment. -A orney General of India-Indian government‟s chief lelga dvisor and its primary lawyer in
Demerits dealing with the Supreme court of India. He is appointed by the president of India.
* Many people started handling PIL as a tool for harassmentcabuese frivolous cases can be Solicitor General of India- is the second law officerthoef country. He assists the a orney
filed without heavy court fee as compared to private li ga ons. general and is himself assisted by several addi onal Solicitor General of India.
Members elected from each state bar council- they are elected for a period of five years
* Due to the flexibility of character of the PIL, theosiotpepparty gets an opportunity to State Bar council
ascertain the precise allega on and respond to specific issues.
* The judiciary has been cri cised due to the overstepping of its jurisdic on and that it is unable Func ons of State Bar Council :
to implement its orders effec vely. a) General func ons -
* PIL is being misused by the public agita ng for private grievances in the grab of public interest Sec on 6(1) of the Advocate Act 1961 makes provisions ni respect of the func ons of the State
by seeking publicity rather than suppor ng the public cause Bar Council.
Public Interest Li ga on Cases:- Func ons of State Bar Councils
1) Sheela Barse vs State of Maharashtra (February 15, 1983): (1) to admit persons as advocates on its roll;
This was a historic judgment that dealt with the issue ocufstodial violence against women in (2) to prepare and maintain such roll;
prisons. (3) to entertain and determine cases of misconduct against advocates on its roll;
This resulted in an order facilita ng separate policoecklups for women convicts in order to (4) to safeguard the rights, privileges and interests of advocates on its roll;
shield them from further trauma and brutality. (5) to promote the growth of Bar Associa ons for the uprposes of effec ve implementa on of
2) MC Mehta vs Union of India (Pollu on in the Ganga) the welfare schemes referred to in clause (a) of sub-soenc (2) of this sec on clause (a) of
This judgement delivered on January 12, 1988, lasheudt oat civic authori es for allowing sub-sec on (2) of sec on 7;
untreated sewage from Kanpur’s tanneries making its way into the Ganges. (6) to promote and support law reform;
It was the beginning of green li ga on in India. In 1996, environmentalist M C Mehta’s PIL, (M C (7) to conduct seminars and organise talks on legal topbicys eminent jurists and publish
Mehta vs Union of India on December 30, 1996) resulteidn stringent orders against Mathura journals and paper of legal interest;
refineries for pollu ng the ambient air around the Taj Mahal. (8) to organise legal aid to the poor in the prescribed manner;
Yet another PIL by M C Mehta resulted in the CNG verJduilcyt 2(8, 1998) that forced the
vehicles in the capital to switch to a different infueolrder to keep a check on vehicular
pollu on.
3. Hussainara Khatoon v. State of Bihar (9 March, 1979)
Many have regarded this case as the first PIL in India as wll.eIn this case the a en on of the
court was drawn to the incredible situa on of under triianlsBihar who had been detained
pending trial for periods far in excess of the maximusmentence for the offences they were
charged with. The court not only proceeded to make theigrht to speedy trial the central issue
 Advantage of Lok Adalat
(9) to manage and invest the funds of the Bar Council; - Jus ce at no cost
(10) to provide for the elec on of its members; - Speedy jus ce
(11) to visit and inspect Universi es in accordance wtih the direc ons given under clause (i) of - Solving problem of back log of cases
sub-sec on (1) of sec on 7; - Maintainence of cordial rela on
(12) to perform all other func ons conferred on it by or under this Act; (i) to do all other things
necessary for discharging the aforesaid func ons. - Awad is final without any appeal
Admission as an Advocate on a State Roll - Fast and inexpensive remady with legal status
A person may be enrolled as an advocate by the StateBar Council if he fulfills the
Condi ons required for admission as an advocate Under sec on 24 of the Advocate Act, 1961. Focus
Condi ons laid down in this sec on for admission as an advocate, may be enrolled as an - Focus on compromise
advocate by the State Bar Council, namely :
a) He is a ci zen of India. - When no compromise reach goes back to court
b) He has completed the age of twenty-one years.
c) He has obtained the degree of Law - If compromise is reached an award is made and is binding on the par es
d) He fulfills such other condi ons as may bepsecified in the rules made by the State Bar - It is enforce as decree on par es
Council. - Award is final and can’t be appeal because its judgement based on
e) He has paid, in respect of enrollment,- stampduty, and an enrollment fee payable to State
Bar Council. Lok Adalat in India
***Power of state Bar council of India*** - Kerala State legal service authority
1.Admission as advocates on a State roll - Andhra Pradesh legal services authority
2. Maintaing of roll of advocate
3.Rule- making power - Karnataka state legal service authority
4. Power to punish for professional or other misconduct - Goa state legal service authority
5. Appointment of commi ees and Staff members
6. Maintenance of account, etc Cases –
1- P.N. KOHLI Vs State of Delhi
LOK ADALAT 2- Kishore chand Vs state of HP
INTRODUCTION:-
Lok Adalt is a system of ADveR D(iAslpteurtneaResolu on ) develop in India.
Also Known as “ People ’o/f “thpeoCpoleusrtc’ourt”
LOK ADALT
Lok Adalat is based on the principle of Mahatma Gandhi
ORGANISATION OF LOK ADALAT
- Lok Adalat is a Judicial Setup
Purpose - Peaceful resolu on dispute betweengaLi on par es
Power of ordinary Civil Court
- Summoning
- Examined
- Taping evidence
Every Lok Adalat orgnaised for an area shall consist of
1. Si ng / Re reedr judicial offic
2. Two members
1st Lawer
2nd Social worker

Lok Adalat is ADR

- - Miinimum expenses of li ga on
- Save valuable me of par es and witness
- Facila ng se lement to the sa sfactory of par es

Case Suitable of Lok adalat

- Money dispute
- Par on Suit
- Matrimonial Case
- Case of unpaid bill
- Land related cases
- Unpaid loan cases
- Family dispute
- All damage cases
- Motor accident cases

Award of lok Adalat

- Every award of Lok adalat shall be deemed as decree of Civil court
- Every award of Lok adalat shall be final and binding on allthe par es to the
dispute
- No appeal shall lie from the award of lok adalat