UPSC Exam > UPSC Notes > Indian Polity for UPSC CSE > Laxmikant Summary: Bar Council of India
Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE PDF Download
| Table of contents |
|
| Introduction |
|
| Establishment |
|
| Composition |
|
| Functions |
|
| State Bar Councils |
|
| Types of Advocates |
|
Introduction
The Bar Council of India, established by Parliament, functions as a statutory body with the responsibility of regulating and representing the Indian Bar. Our role involves setting standards for professional conduct and etiquette, as well as exercising disciplinary authority over the legal profession.
Establishment
- The Bar Council of India (BCI) was established under the Advocates Act, 1961, through legislation enacted by Parliament, designating it as a statutory body.
- In 1951, the Government of India formed the All India Bar Committee chaired by Justice S.R. Das to examine and report on the reorganization of the Bar and legal profession.
S.R. Das
- The committee's 1953 report recommended the creation of the All India Bar Council and State Bar Councils (SBCs) for the regulation of the legal profession at the national and state levels.
- The Law Commission of India reiterated and endorsed the Das Committee's recommendations in 1958.
- Consequently, the Advocates Act, 1961, was passed by Parliament, providing for the establishment of the BCI and SBCs.
- The BCI operates as an autonomous body and functions under the Department of Legal Affairs of the Union Ministry of Law and Justice.
Composition
The BCI composition includes elected and ex-officio members, outlined as follows:
- One member is elected by each SBC from its members.
- The Attorney-General of India and the Solicitor-General of India serve as ex-officio members.
The BCI is led by a Chairman and a Vice-Chairman, elected by the Council from its members, with a term of two years.
The term of office for a member elected by an SBC aligns with their tenure as a member of that specific SBC.
The BCI incorporates several committees, including:
- Disciplinary Committee (one or more)
- Legal Aid Committee (one or more)
- Executive Committee
- Legal Education Committee
- Other Committees (if necessary).
Functions
- Establishing professional conduct and etiquette standards for advocates.
- Defining disciplinary procedures for its committee and those of each SBC.
- Safeguarding the rights, privileges, and interests of advocates.
- Promoting and supporting law reform initiatives.
- Addressing matters referred by an SBC and exercising general supervision over SBCs.
- Promoting legal education and setting standards in collaboration with universities.
- Recognizing qualifying universities for advocate enrollment.
- Conducting visits and inspections of universities and directing SBCs to do the same.
- Organizing seminars and talks on legal topics, and publishing relevant materials.
- Facilitating legal aid for the economically disadvantaged.
- Recognizing foreign qualifications for reciprocal admission as advocates.
- Managing and investing funds.
- Conducting member elections and performing functions as conferred by the Act.
- Undertaking necessary actions to fulfill its designated functions.
The BCI may establish funds for specific purposes, such as:
- Providing financial assistance for welfare schemes benefiting advocates in need.
- Offering legal aid or advice.
- Establishing and maintaining law libraries.
The BCI is authorized to receive grants, donations, gifts, and benefactions for the aforementioned purposes.
Additionally, the BCI has the authority to become a member of international legal bodies, exemplified by the International Bar Association or the International Legal Aid Association.
State Bar Councils
Establishment
- The Advocates Act, of 1961 outlines the establishment of a State Bar Council (SBC) for each state, a common State Bar Council (SSC) for multiple states or a state and a union territory.
- Presently, there are 24 SBCs, each mentioned in Table 69.1 with their respective jurisdictions.
Composition
- A State Bar Council consists of elected and ex-officio members.
- Elected members vary based on the electorate size: 15 members for an electorate of 5,000, 20 for 5,000 to 10,000, and 25 for over 10,000. Elected through proportional representation using the single transferable vote.
- Half of the elected members must have ten years of advocacy on a state roll.
- In the case of an SSC, the Advocate-General of the state is the ex-officio member. For a common SSC, each state's Advocate-General holds this position. In the SBC of Delhi, the Additional Solicitor-General of India serves as the ex-officio member.
- Each SSC has a Chairman and Vice-Chairman, elected by the Council.
Term of Office
- The term of an elected SBC member is five years. If an SSC fails to conduct elections within this term, the BCI may extend it for six months.
- State Bar Councils have various committees, including Disciplinary, Legal Aid, Executive, Enrolment, and Other Committees if necessary.
Functions
- Functions of a State Bar Council include:
- Admitting persons as advocates on its roll.
- Preparing and maintaining the roll.
- Entertaining and determining cases of misconduct against advocates.
- Safeguarding the rights, privileges, and interests of advocates.
- Promoting the growth of Bar Associations for implementing welfare schemes.
- Promoting and supporting law reform.
- Conducting seminars, organizing talks, and publishing legal journals and papers.
- Providing legal aid to the poor.
- Managing and investing funds.
- Conducting member elections.
- Visiting and inspecting universities as per BCI directions.
- Performing all other functions conferred by the Act.
- Undertaking necessary actions for the above functions.
Establishment of Funds
- A State Bar Council may establish funds for purposes such as providing financial assistance for welfare schemes, offering legal aid or advice, and establishing law libraries.
- SBCs can receive grants, donations, gifts, and benefactions for these purposes.
Types of Advocates
Establishment
- The Advocates Act, 1961 provides for two categories of Advocates: Senior Advocates and other Advocates, both entitled to practice law before the Courts.
Designation of Senior Advocates
- The designation of an Advocate as a Senior Advocate is subject to due satisfaction that the Advocate fulfills qualifications prescribed under the Advocates Act, 1961.
- An Advocate may be designated as a Senior Advocate if the Supreme Court or a High Court believes, with the Advocate's consent, that their ability, standing at the Bar, or special knowledge warrants such distinction.
Categories of Advocates Practicing Before the Supreme Court
There are three categories of Advocates entitled to practice law before the Supreme Court.
A. Senior Advocate
- A 'Senior Advocate' refers to any advocate designated under the Advocates Act, 1961, and those whose names were on the roll of senior advocates of the Court before the Act's commencement.
- The Chief Justice of India and Judges, with the advocate's consent, may designate an advocate as a Senior Advocate based on their ability, standing at the Bar, or special knowledge.
B. Advocate-on-Record
- An 'Advocate-on-Record' is an advocate entitled under the Supreme Court Rules, 2013, to act and plead for a party in the Supreme Court.
- Only an Advocate-on-Record is eligible to appear or act for a party in the Supreme Court.
C. Other Advocates
- Advocates whose names are on the roll of any State Bar Council under the Advocates Act, 1961.
- They cannot appear, plead, or address the Court in any matter on behalf of a party in the Supreme Court unless instructed by an Advocate-on-Record or permitted by the Court.
Name and Jurisdiction of State Bar Councils
The document Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE is a part of the UPSC Course Indian Polity for UPSC CSE.
All you need of UPSC at this link: UPSC
|
145 videos|602 docs|203 tests
|
FAQs on Laxmikant Summary: Bar Council of India - Indian Polity for UPSC CSE
| 1. What is the Bar Council of India? |  |
Ans. The Bar Council of India is a statutory body established under the Advocates Act, 1961. It regulates the legal profession and legal education in India. The Bar Council of India consists of members elected from various State Bar Councils and the Attorney General of India and the Solicitor General of India, who are ex-officio members.
| 2. What is the composition of the Bar Council of India? | |
Ans. The Bar Council of India is composed of members elected by State Bar Councils, members elected by the Supreme Court Bar Association, and ex-officio members like the Attorney General of India and the Solicitor General of India. The composition ensures representation from different regions and legal bodies.
| 3. What are the functions of the Bar Council of India? | |
Ans. The Bar Council of India performs various functions, including the recognition and regulation of legal education institutions, prescribing standards of professional conduct and etiquette for advocates, maintaining a roll of advocates, and promoting legal education and legal research. It also sets standards for legal education and conducts inspections of law colleges.
| 4. What are State Bar Councils? | |
Ans. State Bar Councils are statutory bodies established under the Advocates Act, 1961. Each State Bar Council represents a particular state or union territory in India. They are responsible for regulating the legal profession and professional conduct of advocates within their jurisdiction. State Bar Councils also have the power to enroll advocates and maintain a roll of advocates.
| 5. What are the types of advocates recognized by the Bar Council of India? | |
Ans. The Bar Council of India recognizes two types of advocates: Senior Advocates and other advocates. Senior Advocates are designated by the Supreme Court or a High Court based on their exceptional knowledge and experience in a particular area of law. Other advocates are those who have enrolled with the State Bar Council and are eligible to practice law in India.
Related Exams
About this Document
|
4.71/5 Rating |
|
Dec 22, 2024 Last updated |
Document Description: Laxmikant Summary: Bar Council of India for UPSC 2024 is part of Indian Polity for UPSC CSE preparation.
The notes and questions for Laxmikant Summary: Bar Council of India have been prepared according to the UPSC exam syllabus. Information about Laxmikant Summary: Bar Council of India covers topics
like Introduction, Establishment, Composition, Functions, State Bar Councils, Types of Advocates and Laxmikant Summary: Bar Council of India Example, for UPSC 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Laxmikant Summary: Bar Council of India.
Introduction of Laxmikant Summary: Bar Council of India in English is available as part of our Indian Polity for UPSC CSE
for UPSC & Laxmikant Summary: Bar Council of India in Hindi for Indian Polity for UPSC CSE course.
Download more important topics related with notes, lectures and mock test series for UPSC
Exam by signing up for free. UPSC: Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE
Description
Full syllabus notes, lecture & questions for Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE - UPSC | Plus excerises question with solution to help you revise complete syllabus for Indian Polity for UPSC CSE | Best notes, free PDF download
Information about Laxmikant Summary: Bar Council of India
In this doc you can find the meaning of Laxmikant Summary: Bar Council of India defined & explained in the simplest way possible. Besides explaining types of
Laxmikant Summary: Bar Council of India theory, EduRev gives you an ample number of questions to practice Laxmikant Summary: Bar Council of India tests, examples and also practice UPSC
tests
|
Explore Courses for UPSC exam
|
|
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
Related Searches
Objective type Questions
,past year papers
,Exam
,Free
,Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE
,practice quizzes
,study material
,Sample Paper
,Important questions
,Summary
,Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE
,mock tests for examination
,Semester Notes
,Extra Questions
,video lectures
,MCQs
,ppt
,Viva Questions
,Laxmikant Summary: Bar Council of India | Indian Polity for UPSC CSE
,shortcuts and tricks
,Previous Year Questions with Solutions
;
Additional Information about Laxmikant Summary: Bar Council of India for UPSC Preparation
Laxmikant Summary: Bar Council of India Free PDF Download
The Laxmikant Summary: Bar Council of India is an invaluable resource that delves deep into the core of the UPSC exam.
These study notes are curated by experts and cover all the essential topics and concepts, making your preparation more efficient and effective.
With the help of these notes, you can grasp complex subjects quickly, revise important points easily,
and reinforce your understanding of key concepts. The study notes are presented in a concise and easy-to-understand manner,
allowing you to optimize your learning process. Whether you're looking for best-recommended books, sample papers, study material,
or toppers' notes, this PDF has got you covered. Download the Laxmikant Summary: Bar Council of India now and kickstart your journey towards success in the UPSC exam.
Importance of Laxmikant Summary: Bar Council of India
The importance of Laxmikant Summary: Bar Council of India cannot be overstated, especially for UPSC aspirants.
This document holds the key to success in the UPSC exam.
It offers a detailed understanding of the concept, providing invaluable insights into the topic.
By knowing the concepts well in advance, students can plan their preparation effectively.
Utilize this indispensable guide for a well-rounded preparation and achieve your desired results.
Laxmikant Summary: Bar Council of India Notes
Laxmikant Summary: Bar Council of India Notes offer in-depth insights into the specific topic to help you master it with ease.
This comprehensive document covers all aspects related to Laxmikant Summary: Bar Council of India.
It includes detailed information about the exam syllabus, recommended books, and study materials for a well-rounded preparation.
Practice papers and question papers enable you to assess your progress effectively.
Additionally, the paper analysis provides valuable tips for tackling the exam strategically.
Access to Toppers' notes gives you an edge in understanding complex concepts.
Whether you're a beginner or aiming for advanced proficiency, Laxmikant Summary: Bar Council of India Notes on EduRev are your ultimate resource for success.
Laxmikant Summary: Bar Council of India UPSC Questions
The "Laxmikant Summary: Bar Council of India UPSC Questions" guide is a valuable resource for all aspiring students preparing for the
UPSC exam. It focuses on providing a wide range of practice questions to help students gauge
their understanding of the exam topics. These questions cover the entire syllabus, ensuring comprehensive preparation.
The guide includes previous years' question papers for students to familiarize themselves with the exam's format and difficulty level.
Additionally, it offers subject-specific question banks, allowing students to focus on weak areas and improve their performance.
Study Laxmikant Summary: Bar Council of India on the App
Students of UPSC can study Laxmikant Summary: Bar Council of India alongwith tests & analysis from the EduRev app,
which will help them while preparing for their exam. Apart from the Laxmikant Summary: Bar Council of India,
students can also utilize the EduRev App for other study materials such as previous year question papers, syllabus, important questions, etc.
The EduRev App will make your learning easier as you can access it from anywhere you want.
The content of Laxmikant Summary: Bar Council of India is prepared as per the latest UPSC syllabus.
|
© EduRev
|
Education Revolution
|
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup