This article is written by Sakshi Rustagi, a Student of Gitarattan International Business school
Today, let us focus on knowing about one of the most important statutory bodies of the nation i.e. the Bar Council of India.
In this article, we are going to discuss the Bar Council, its functions, and most importantly all you need to know about the procedure to register under it.
ABOUT THE BAR COUNCIL
The Bar Council of India is a statutory body governing the legal education, legal practice, and the legal realm of India. It was formed under section 4 of the Advocates Act, 1961. It also acts as a regulatory body. It conducts the All India Bar Examination (AIBE) which is conducted bi-annually in the months of March-May and August-October.
The BCI Headquarters is located in New Delhi near Mandi House.
It is headed by the Chairman and the Vice-Chairman. The current Chairman of the body is a Senior Advocate, Mr. Manan Kumar Mishra and the Vice-Chairman is Satish A. Deshmukh.
- To lay down decorum for advocates and standards for professional conduct.
- To protect advocates’ interests, rights, and privileges.
- To encourage legal education in the nation and increase the number of colleges and universities imparting the degree of law.
- To supervise and manage the funds and finances of the Bar Council.
- To conduct the Bar Council member elections.
- To provide legal knowledge in the form of articles, seminars, webinars by eminent jurists, advocates, and legal practitioners.
PROCEDURE TO ENROL INTO THE BAR COUNCIL
The candidates who have enrolled in the State Bar Council can appear for the All India Bar Examination conducted by the Bar Council of India bi-annually. The State Bar Council will provide a certificate to the candidates who have qualified in the examination. Afterward, this allows them to practice as an advocate in the District Courts or High Courts within the territorial jurisdiction of India.
Section 24 of the Advocates Act, 1961 frames the qualifications that are required to get enrolled into the Bar council. The conditions specified are as follows:-
1) The person must be an Indian Citizen. Any other nationals can be admitted as an advocate on a State if the following grounds are fulfilled:
a) He has to be a citizen of Indian origin.
b) His qualification should be as per the requirements.
c) He has been licensed to carry on legal practice in any other country.
d) He should be subjected to the required necessary restrictions.
2) His age should be equal to or more than twenty-one years.
3) He should have obtained a degree in law from any recognized university registered under the Bar Council of India. If the lawyer has obtained his law degree from outside the nation, then that degree obtained from a foreign university will be accepted provided that the degree is recognized by the BCI.
4) He should fulfill any other criterion specified by the State Bar Council.
ENROLMENT OF ADVOCATES
An advocate can be admitted under the State Bar Council after he or she has passed the examination conducted by the Bar Council of India.
Section 24(1)(f) of the Advocates Act, 1961 has laid down a provision which says that the enrolment fee of Rs. 600 is to be paid to the respective State Bar Council and Rs. 150 is to be paid to the Bar Council of India.
There are certain requirements specified by the State which need to be fulfilled by the candidates. They are as follows:-
- The law degree obtained from the university together with the application according to the specifications laid down by the council.
- The mark-sheet of the law degree.
- Judicial stamp papers.
- Fees as mentioned in the provision.
A Certificate of Enrolment is issued by the State’s Bar Council to the eligible candidates who are to be designated as advocates.
STATE BAR COUNCIL OF INDIA
For enrolment in any State Bar Council, the following documents are needed. It is to be kept in mind that these documents should be original and photocopies of the same should be attached.
- Passport size photo of the applicant.
- Examinations admit card or any other equivalent document.
- Mark-sheet of either 3 years or 5-year LL.B. course.
- College leaving as well as character certificate issued by the college.
Here is an example of the Bar Council of Delhi to explain the working mechanism of the State Bar Council and the procedure of enrolment. They are provided below:-
- An application form is to be obtained from the Bar Council of Delhi for Rs. 1000.
- The filled form has to be accompanied by certain documents like a certificate of the completion of law degree from a recognized university, a character certificate, a declaration stating that he/she will abide by the rules of the Bar Council of India, a declaration stating that he/she is an Indian citizen, a receipt of the fee paid to the Bar Council of Delhi of Rs. 600., a declaration stating that he/she is of the age of 21 years, a declaration stating that he/she does not do a part-time/full-time job, and other documents specified in the application.
- The enrolment committee of the Bar Council of Delhi holds meetings once or twice a month and scrutinizes the applications and afterward submits them to the Bar Council of India. The applications are checked whether they conform with the standards and specifications provided by the Bar Council.
- After the applications are approved by the Council, the members will be issued an Enrolment Number and an Identity Card which will confirm that they are now members of the Bar The Advocate can then practice Law in Delhi.
ALL INDIA BAR COUNCIL EXAMINATION
ABE? What is it? It is an examination that assesses an advocate’s true potential and the ability for practicing law in India. It evaluates the abilities of the advocates and their fundamental understanding of the basics of the field of law.
“Certificate of Practice” is awarded to the candidate after clearing the examination. It is conducted in 11 different languages in 40 cities across India.
ELIGIBILITY FOR AIBE
The essential grounds to determine the eligibility of the applicant are as follows:-
- He must be an Indian citizen.
- An LL.B. degree is important to sit for the examination. It can either be of 3 years or 5 years.
- He should be an advocate registered under the Bar Council of India.
- A valid identity of the advocate is needed.
- The applicant cannot apply for the examination in the same year he is qualifying with an LL.B. degree.
APPLICATION FOR AIBE
In today’s digital world, everything related to the application for the exam can be accessed online on the official website.
1) One has to visit the official link of the All India Bar Council examination.
2) Basic details of the candidates need to be provided for the registration.
3) An e-mail has to be sent on the registered e-mail ID to confirm the registration.
4) By logging in with valid credentials, the application form has to be filled.
5) E-challan needs to be generated before proceeding with the application form.
6) The fee for the application must be paid.
7) One should take out the printout of the form and the receipt along with some copies for future references.
The Bar Council of India protects the rights, privileges, and interests associated with an advocate. It provides funds and financial assistance to create a professional and safe environment for the advocates to practice all over India. The Bar Council of India works in consonance with the State Bar Council and provides a platform for these lawyers to enroll as an advocate to keep a record as in how many practicing advocates on the record are there in the country. The Bar Council also aids in providing legal education across the country which is very important especially for today’s youth.
Hope you find this article helpful. If you have any suggestions or queries about the topic, feel free to write them down in the comment section below.