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. Under Section 3 of the Act
State Bar Council will be established. However, Under Section 4, a Bar
Council of India will be established.
State Bar Councils :
(1) There shall be a Bar Council —
(a) for each of States of Andhra
Pradesh, Bihar, Gujarat, Jammu and Kashmir, Jharkhand Madhya
Pradesh, Chhattisgarh, Karnataka, Orissa, Rajasthan Uttar Pradesh and Uttaranchal, to be known as the Bar Council of that
State;
(b) for the States of Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland and Tripura to be known as the Bar Council
of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal
Pradesh.
(c) for the State of Kerala and the Union territory of
Lakshadweep, to be known as the Bar Council of Kerala;
(cc) for the State of Tamil Nadu and the Union territory of Pondicherry to be
known as the Bar Council of Madras;
(ccc) for the States of
Maharashtra and Goa, and the Union territories of Dadra and Nagar Haveli
and Daman and Diu, to be known as the Bar Council of Maharashtra and
Goa;
(d) for the States of Punjab and Haryana, and the Union
territory of Chandigarh, to be known as the Bar Council of Punjab and
Haryana;
(dd) for the State of Himachal Pradesh, to be known as the Bar
Council of Himachal Pradesh;
(e) for the State of West Bengal and the Union territory of Andaman and Nicobar Islands, to be known as the
Bar Council of West Bengal; and
(f) for the Union territory of Delhi, to
be known as the Bar Council of Delhi.
(2) A State Bar Council shall
consist of the following members, namely:—
(a) in the case of the State
Bar Council of Delhi, the Additional Solicitor General of India ex
officio in the case of the State Bar Council of Assam, Nagaland,
Meghalaya, Manipur and Tripura, the Advocate General of each of the
State of Assam, Manipur, Meghalaya, Nagaland and Tripura, ex officio; in
the case of the State Bar Council of Punjab and Haryana, the
Advocate-General of each of the State of Punjab and Haryana, ex
officio; and in the case of any other State Bar Council, the
Advocate-General of the State, ex officio;
(b) in the case of a State
Bar Council with an electorate not exceeding five thousand, fifteen
members, in the case of a State Bar Council with an electorate exceeding
five thousand but not exceeding ten thousand, twenty members, and in
the case of the State Bar Council with an electorate exceeding ten
thousand, twenty-five members, elected in accordance with the system of
proportional representation by means of the single transferable vote
from amongst advocates on the electoral roll of the State Bar Council:
Provided that as nearly as possible one-half of such elected members
shall subject to any rules that may be made in this behalf by the Bar
Council of India, be persons who have for at least ten years been
advocates on a State roll, and in computing the said period of ten years
in relation to any such person, there shall be included any period
during which the person has been an advocate enrolled under the Indian
Bar Councils Act, 1926 (38 of 1926).
Term of Office of the Members of State Bar Council : Section 8 Provides term of the office of the Members of the State Bar Council -
The term of
office of an elected member of a State Bar Council (other than an
elected member thereof referred to in section 54) shall be five years
from the date of publication of the result of his election:
Provided
that where a State Bar Council fails to provide for the election of its
member before the expiry of the said term, the Bar Council of India may,
by order for reasons to be recorded in writing, extend the said term,
the Bar Council of India may, by order, extend the said term for a
period not exceeding six months.
functions of State Bar Council are as under
Functions of State Bar Council :
a) General functions -
Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of the State Bar Council.
Functions of State Bar Councils
(1) to admit persons as advocates on its roll;
(1) to admit persons as advocates on its roll;
(2)
to prepare and maintain such roll;
(3) to entertain and determine cases
of misconduct against advocates on its roll;
(4) to safeguard the
rights, privileges and interests of advocates on its roll;
(5) to
promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes referred to in clause (a) of
sub-section (2) of this section clause (a) of sub-section (2) of section
7;
(6) to promote and support law reform;
(7) to conduct seminars
and organise talks on legal topics by eminent jurists and publish
journals and paper of legal interest;
(8) to organise legal aid to the
poor in the prescribed manner;
(9) to manage and invest the funds of
the Bar Council;
(10) to provide for the election of its members;
(11)
to visit and inspect Universities in accordance with the directions
given under clause (i) of sub-section (1) of section 7;
(12) to perform
all other functions conferred on it by or under this Act; (i) to do all
other things necessary for discharging the aforesaid functions.
A
State Bar Council may constitute one or more funds in the prescribed
manner for the purpose of—
(a) giving financial assistance to organise
welfare schemes for the indigent, disabled or other advocates;
(b)
giving legal aid or advice in accordance with the rules made in this
behalf;
(c) establishing law libraries.
A State Bar Council
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.
b) To Issue Certificates of Enrollment -
Section 22 of Advocate Act 1961 provides that, There shall be issued a
certificate of enrollment in the prescribed form by the State Bar Council
to every person whose name is entered in the roll of advocates
maintained by it under this Act.
Every person whose name is so
entered in the State roll shall notify any change in the place of his
permanent residence to the State Bar Council concerned within ninety
days of such change.
A person may be enrolled as an advocate by the State Bar Council if he
fulfills the Conditions required for admission as an advocate Under
section 24 of the Advocate Act, 1961. Conditions laid down in this
section for admission as an advocate, may be enrolled as an advocate by
the State Bar Council, namely :
a) He is a citizen of India.
b) He has completed the age of twenty one years.
c) He has obtained the degree of Law.
d) He fulfills such other conditions as may be specified in the rules made by the State Bar Council.
e) He has paid, in respect of enrollment, stamp duty, and an enrollment fee payable to State Bar Council.
An application for enrollment shall be made in the prescribed
form to the State Bar Council within whose jurisdiction the applicant
proposes to practice. The application is referred to enrollment
Committee of State Bar Council. The application may be allowed or
rejected. Where the Enrollment Committee of Bar Council propose to
refuse any such application, it shall refer such application for the
opinion of the Bar Council of India.
It may be noted that Section 26A of Advocate Act empower a State Bar
Council by amendment of 1973 to remove from the State Roll the name of
any Advocate who is dead or from whom a request has been received to
that effect.
Section
27 of The Act Provides that where an application has been once refused,
it cannot be entertained by another Bar Council except in certain
circumstances. It lays down that where
a State Bar Council has refused the application of any person for
admission as an advocate on its roll, no other State Bar Council shall
entertain an application for admission of such person as an advocate on
its roll, except with the previous consent in writing of the State Bar
Council which refused the application and of the Bar Council of India.
c) To Maintain Roll of Advocates -
Section 17. of Advocate Act, 1961 provides that every
State Bar Council shall prepare and maintain a roll of advocates in
which shall be entered the names and addresses of all persons who
were entered as advocates on the roll of any High Court under the Indian
Bar Councils Act, 1926, immediately before the appointed
day including persons, being citizens of India, who before the 15th
day of August, 1947, were enrolled as advocates under the said Act in
any area which before the said date was comprised within India as
defined in the Government of India Act, 1935, and who at any time
express an intention in the prescribed manner to practice within the
jurisdiction of the Bar Council also enroll all other persons who are admitted
to be advocates on the roll of the State Bar Council under this Act on
or after the appointed date.
Each such roll of advocates shall
consist of two parts - the first part containing the names of senior
advocates and the second part, the names of other advocates.
Section
19 of the Advocate Act, 1961, requires the State Bar Council to send
copies of rolls of advocates to the Bar Council of India. It provides
that every
State Bar Council shall send to the Bar Council of India an
authenticated copy of the roll of advocates prepared by it for the first
time under this Act and shall thereafter communicate to the Bar Council
of India all alterations in, the additions to, any such roll, as soon
as the same have been made.
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