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COMMITTEES OF BAR COUNCIL OF

INDIA

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.
The term of the members of the committees of the Council has been specified in
Chapter III of the Bar Council of India Rules. A different term can be specified at the
time of election.

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

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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:
• To make recommendations to the Council for laying down the standards of legal
education for Universities.
• To visit and inspect Universities and report the results to the Council.
• 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.
• To recommend to the Council for recognition of any degree in law of any University
in the territory of India.
• To recommend the discontinuance of recognition of any University already made by
the Council.Precisely, Legal education matters within the Bar Council are regulated
by the LegalEducation Committee, which consists of five Members of the Bar
Council of India And five Members co-opted from outside and they represent
Judiciary, Law Ministry, University Grants Commission and Academicians. This is a
high powered committee which makes recommendations to the Bar Council of India
on all matters pertaining to Legal Education in the country. The Legal Education
Committee elects its own Chairman.

DISCIPLINARY COMMITTEE
The disciplinary committee 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.
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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:
• To manage the funds of the Council,
• To invest the funds of the Council in the manner directed by the Council from time
to time,
• To grant leave to members of the staff, other than casual leave,
• To prescribe books of account, registers and files for the proper management of the
affairs of the Council,
• To appoint and supervise the work of the members of the staff and prescribe their
conditions of service
• To appoint auditors and fix their remuneration,
• To consider the annual audit report and place it before the Council with its
comments for its consideration,
• To maintain a library and under the directions of the Council, publish any journal,
treatise or pamphlets on legal subjects,
• To prepare and place before the Council, the annual administration report and the
statement of account,
• To provide for proper annual inspection of the office and its registers,
• To authorise the Secretary to incur expenditure within prescribed limits,
• To fix travelling and other allowances to members of the committees of the Council,
and to members of the staff,
• To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned
powers,
• 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.
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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

The Legal Aid Committee provides aids to those requiring legal assistance.

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.

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Directorate of legal education

The Bar Council of India Vide their Resolution No.115/2012 have resolved to
constitute a Directorate of Legal Studies and Law Reforms as well as Legal Education
Committee. The aforesaid Directorate shall discuss and lay down the procedure for
conducting, holding and administering the following functions :-
(i) To monitor the All India Bar Examination;
(ii) Continued Legal Education;
(iii) Educational programmes in various centers of Legal Education and court
premises;
(iv) Moot Court competitions at National and international levels;
(v) Scholarships to students;
(vi) Discussions/ seminars on various issues; and
(vii) Reforms in Legal Field, and to discuss any other issues assigned to it by the Bar
Council of India. The gist of the discussion and the resolutions of the Directorate are
to be placed the Legal Education Committee of Bar Council of India or before Bar
Council of India for necessary action and final decision.

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The BCI has informed that the Directorate and Legal Education Committee is
constituted, consisting of a sitting Judge of Hon’ble Apex court who happens to be the
director-in-chief of the Directorate; 3 Hon’ble sitting Judges of different High Courts
including that of a Delhi High court, are the members of the Directorate; Attorney
General for India and Solicitor General of India, apart from them, Vice- Chancellors
of 3 National Law Schools; reputed Senior Advocates of Supreme Court of India;
some retired Judges and the Secretary, Ministry of Law and Justice, Department of
Legal Affairs, are the members of the Directorate. Other academicians of the country
are also invited as a special invitee of the Director at the time of its meeting. The
Directorate and Legal Education Committee discuss and deal with the continuing
Legal Education, Teacher’s Training, advanced specialized courses, education
programme for students, seminars and workshops, legal research and all other issues,
revision of curriculum for the law Courses etc.

The Bar Council of India itself is taking care of Legal Education, Continuing Legal
Education for development of professional skills, it undertakes training programmes
and workshops for young lawyers frequently.

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The All India Bar Examination Rules

The Bar Council of India resolution at its meeting held on 30 April to amend Part VI,
Chapter III of the Bar Council of India Rules (Conditions for Right to Practice) was
published in the Gazette of India on June 12, 2010.
The following resolution was adopted by the Bar Council of India on 10 April 2010 to
conduct an All India Bar Examination, the passing of which will entitle an advocate to
practice law in India. Consequent to the resolution, the following rules were inserted
into Part VI, Chapter III of the Bar Council of India Rules.
RESOLVED that as the Bar Council of India is vested with the power of laying down
conditions subject to which an advocate shall have the right to practice, these Rules,
therefore, lay down such condition of an All India Bar Examination, the passing of
which would entitle the advocate to a Certificate of Practice which would permit
him/her to practice under Chapter IV of the Advocates Act, 1961.
No advocate enrolled under section 24 of the Advocates Act, 1961 shall be entitled to
practice under Chapter IV of the Advocates Act, 1961, unless such advocate
successfully passes the All India Bar Examination conducted by the Bar Council of

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India. It is clarified that the Bar Examination shall be mandatory for all law students
graduating from academic year 2009-2010 onwards and enrolled as advocates under
Section 24 of the Advocates Act, 1961.

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The All India Bar Examination

The All India Bar Examination shall be conducted by the Bar Council of India.

(a) The Bar Examination shall be held at least twice each year in such month and such
places that the Bar Council of India may determine from time to time.
(b) The Bar Examination shall test advocates in such substantive and procedural law
areas as the Bar Council of India may determine from time to time.
(c) Such substantive/procedural law areas and syllabi shall be published by the Bar
Council of India at least three months prior to the scheduled date of examination.
(d) The percentage of marks required to pass the Bar Examination shall be determined
by the Bar Council of India.
(e) An unsuccessful advocate may appear again for the Bar Examination, without any
limit on the number of appearances.
(f) The Bar Council of India, through a committee of experts, shall determine the
syllabi, recommended readings, appointment of paper setters, moderators, evaluators,
model answers, examination hall rules and other related matters.
(g) The Bar Council of India shall determine the manner and format of application for
the examination.
(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a
Certificate of Practice.

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Application for Certificate of Practice

(1) The Certificate of Practice shall be issued by the Bar Council of India to the
address of the successful advocate within 30 days of the date of declaration of results.
(2) The Certificate of Practice shall be issued by the Bar Council of India under the
signature of the Chairman, Bar Council of India.

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Right To Information

The following are the officials to be contacted for any Information as per the Right to
Information Act:-

Appellate Authority of the Bar Council of India


1. Mr. Jogi Ram Sharma, Secretary
Appellate Authority, Bar Council of India,
21, Rouse Avenue, Institutional Area,
New Delhi – 110002.

Central Public Information Officer of the Bar Council of India


2. Mr. Ashok Kumar Pandey,
Joint Secretary/CPIO
AIBE/Writ/Revision Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.

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3. Mrs. Archana Gupta,
Accounts Officer-cum-Assistant Secretary,
Account Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.

4. Mrs. Archana Gupta,


Assistant Secretary,
Council Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.

5. Mrs. Kusum Srivastava,


Assistant Secretary,
Disciplinary Committee Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.

6. Mr. N. Senthil Kumar,


Assistant Secretary,
Legal Education Department
Bar Council of India,
21, Rouse Avenue,
Institutional Area,
New Delhi – 110002.

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Conclusion
The Bar Council of India has a lot of functions vested within itself, whereby
exercising those functions it can restructure and reframe the entire legal arena in the
country. In fact, it can be more predominantly envisaged that in modern times it has
hardly contributed constructively in the improvement of law in India. There are
certain loopholes in the legal arena in India today which the Bar Council must look
into, in order to protect the law standard from degradation and to maintain the same
standards.

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References
1) https://en.wikipedia.org/wiki/Advocate#India

2) http://www.legalpoint.in/advocatesright.php

3) http://www.lawyersclubindia.com/forum/RIGHTS-OF-AN-ADVOCATE

1272.asp#.Vq43C9J94_4

4) http://blog.ipleaders.in/right-of-a-lawyer-to-practice-in-india-and-duties-of-a

lawyer/

5) http://www.barcouncilofindia.org

6) https://en.wikipedia.org/wiki/Bar_Council_of_India#Enrollment_of_advocates

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