Submitted by Aadesh Agarkar
The Advocates Act provides for constitution of two types of BAR council-State Bar Council and Bar Council of India. Section 3 of the Act provides for the establishment of State Bar Council and Section 4 of the Act provides for the establishment of a Bar Council of India.
State Bar Council
1) Establishment and Organization
Section 3 of the Advocates Act provides that there shall be a Bar Council-
a) for each state of Andhra Pradesh,Bihar, Gujarat, Jammu and Kashmir, Madhya Pradesh, Karnataka, Orissa, Rajasthan, Uttar Pradesh to be known as the Bar Council of that state.
b) states of Maharashtra and Goa and union territories of Dadra and Nagar Haveli and daman and Diu to be known as the Bar Council of Maharashtra and Goa.
c) for the Union Territory of Delhi to be known as Bar Council of Delhi .
Section 3 of the Act makes provision in respect of the organisation of BAR council. It provides that a state bar council shall consist of the following members, namely -
a) in the case of state bar council with an electorate not exceeding 5000, 15 members in the case of state bar council with an electorate exceeding 5000 but not exceeding 10000,20 members in case of state bar council with electorate exceeding 10000, 25 members elected in accordance with the system of proportional representation by means of Single Transferable Vote from amongst advocate on the electoral roll of the State Bar Council.
b) there shall be Chairman and Vice Chairman of each State Bar Council.
Section 8 provides term of the office of members of State Bar Council
The term of office of an elected member of State Bar Council shall be of 5 years from date of publication of the result of his election
Functions of State Bar Council Section 6
Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may by the name by which it is known sue and be sued.
Functions of state bar council.
1) admit a person as Advocate on its roll.
2) to prepare and maintain such a roll.
3) to entertain and determine cases of misconduct against Advocate on its roll.
4) to safeguard the rights, privileges and interests of Advocates on its roll.
5) to promote and support law reforms.
6) conduct seminar and organise talk on legal topics by eminent jurist and publish journals and papers of legal interest.
7) legal Aid to the poor in a prescribed manner.
8) to manage and invest the funds of the bar council.
9) provide for the election of its members.
10) to perform all other functions conferred on it by or under this act.
11) to do all other things necessary for discharging the aforesaid functions.
Other functions of Bar council
Enrollment of Advocate-
Bar council shall issue a certificate of enrollment in prescribed form to every person whose name is entered in the role of advocate maintained by it under this act.
Submitted by Aadesh Agarkar