The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
2. The Advocates Act, 1961 provides for the Constitution of
two types of Bar Councils:-
1.Bar Council of India ; and
2.State Bar Council.
Establishment of Bar Council of India under Section 4 of Advocate
Act, 1961 and Section 3 of the Act provides for the establishment of
State Bar Council
3. Section 4(1) of the Advocate Act provides that there shall be a Bar Council for
the territories to which this Act extends to be known as the Bar Council of
India which shall consist of the following members, namely:-
I. The Attorney General of India, ex officio.
II. The Solicitor General of India, ex officio.
III. One member elected by each State Bar Council from amongst its members.
4. The BCI lays down professional conduct standards and
propriety for advocates.
Promoting and supporting law reforms is a major function of
the Bar Council of India.
It also lays down procedures that are to be followed
mandatorily by the various disciplinary committees.
The BCI promotes legal education and lays down the
standards of legal education in the country.
Protecting the interests, rights, and privileges of advocates is
the responsibility of the BCI.
5. The Bar Council of India may make rules for discharging its
functions under Section 49 of Advocate Act ,1961.
Lays down standards of professional conduct and etiquette for
advocates.
Lays down the procedure to be followed by its disciplinary
committee and the disciplinary committee of each State Bar
Council.
Safeguards the rights, privileges and interest of advocates.
Promotes and support law reform.
6. Section 3 of the Advocate Act,1961 provides for State
Bar Councils.
7. Section 6 of the Advocate Act, 1961 makes provisions in respect of the
functions of the State Bar Council.
To admit persons as advocate on its rolls.
To entertain and determine cases of misconduct against advocate on its roll;
To manage and invest the funds of the Bar council;
To perform for the elections of its members;
To perform all other functions conferred on its by or under this Act.
To safeguard the rights, privileges and interests of advocates on its
roll;
8. Section 6(1)(h) in THE ADVOCATES ACT, 1961
(h) to perform all other functions conferred on it by or
under this Act;
9. Admission as advocates on a State Roll.
Maintences of roll of advocates.
Power to punish Advocate for professional and other
misconduct.
To appoint Committees and Staff Members
To Maintain Accounts and Conduct Audit
10. The Bar Council of India has plenty of capacities vested
inside itself and working effectively to rebuild and reframe
the entire legal field in the nation from time to time whereas
State Bar Council act as the representatives of the advocates
of the respective states and also act as the regulatory body
for the legal profession and education in the state.
11. Internet.
Study Materials(Books , Notes,and Lectures).
Blogs.
Reference etc.