state bar council

Introduction:

The advocate act 1961 has made the provision for the creation of bar council of
india at the central and state bar council in each state. It has conferred
autonomus status of the bar councils. Section 3 of the Addvocate act empower
for the creation of state bar councils for every state. Number of members of the
bar council varies from state to state, depending upon the number of Advocate
on the state roll.

Organisation:
The State Bar will have the following persons as members.

1. The Additional Solicitor-General in the Delhi Bar Council and the State Attorney
Generals in the other State Bar Councils will be ex-officio members.

2. If the number of Advocate in the state roll is less than 5000 then the
number of bar council members are 15.

2.if the number of advocates are 5000 to 10000 then the number of bar
council members are 20.

3.if the number of advocates are more then 10000 then the number of bar
council members are 25.
Members' tenure Section 8

Members are elected by the advocates whose names are there in the
state roll by a single transferrable vote. The members hold office for a period of 5
years. But in case the State Bar Council fails to make arrangements for the next member
election before the end of these five years, the Bar Council of India may extend the term of
office of these members for a further period of 6 months. Position members will remain members
for as long as they remain in office.
Disqualification of Members Section 10-B

If a member fails to attend three consecutive meetings of the Bar Council of which he is a
member without any valid reason, he may lose his membership. Further; If the name of the
member is removed from the list of lawyers, he will be disqualified from the post of Member of
the Council if he is found to be ineligible under any of the disciplinary rules established by the
Bar Council of India.

Lawyers Forum A Body Corporate Section 5

Each bar will act as one person, with a permanent patronage (Per petual Suceession) and
a public seal. It can buy movable and immovable property in its own name. May engage in any
contract. The bar can sue others. As well as others who may sue over it. According to Section 5,
the Bar Council is a joint venture with its own brand, stability and individuality. This section is
common to the State Bar and the Bar of India. Accordingly, the Indian Bar Association is also a
partner.

Functions

Section 6, empowers the state bar council to do the following functions.

1. Enroll the qualified persons as advocates.

2. Prepare and maintain such a list of names.
3. Accepting and resolving complaints of misconduct against lawyers whose name appears
on the register.
4. Protect the rights and privileges of the Advocate.
5. Promoting the development of Bar Associations to implement various welfare schemes
introduced under Section 7 of the Bar of India.
6. Support and encourage legal reforms.
7. Conducting seminars on legal topics and publishing legal journals with eminent legal
experts.
8. Manage the funds of the bar council.
9. Constitute executive committee, enrolment committee,disciplinary committee, legal aid
committee etc.
 10. To make necessary arrangements for the conduct of elections of members of the
Council.

Powers:

The state bar council is empowerd with the following powers.

1. Inclusion of lawyers in the Attorney Register

Only the state bar has the power to recognize a person as a lawyer and add him or her to
the list of attorneys. Only persons who are on the list of lawyers maintained by the State Bar
Association can practice law in Indian courts. Section 27 states that if an application filed by a
person for registration as a lawyer is rejected by a state bar, no other state bar may consider that
person's application without the written consent of that court.

2. Maintaining the name list of the lawyer

Each state bar must, before the law comes into force, prepare and maintain a list of
attorney names that include all attorneys serving in the courts under its jurisdiction. Section 17
stipulates that after the enactment of this Act, the names and addresses of those who register as
lawyers in the House shall be included in the list.

3. Rule making Power

Section 15 states that the State Bar may lay down rules governing the election of the
Board, its members and the Chairman and Vice-Chairman of the Forum, and the day-to-day
affairs of the Board. This section is the general body that gives jurisdiction to the State Bar and
the Bar of India. Section 28 states that the State Attorney's Court may lay down the necessary
rules regarding the admission and registration of lawyers.

Under this section, the State Attorneys' Forum may develop rules regarding the time
period for applying for registration as a lawyer, the application form, the procedures for
considering applications and the registration fee. All the rules made by the State Council under
sections 15 and 28 of the Act shall come into force only after the approval of the Bar of India.
 Bar Council of Delhi and another-Vs- Surjeet Singh; In the case of AIR 1980 SC 1612,
the Delhi Bar Council had ruled in its election rules that "the names of lawyers who fail to
submit reports to the House will be removed from the voter list". The apex court, however, ruled
that the aforesaid provision of the Delhi Bar was invalid, saying that it was not possible to use
the power to prepare and renew the voter list to deprive lawyers of their right to vote.

4. Power to impose penalties for professional misconduct

The state bar has the power under Section 35 to hear and prosecute allegations of
professional misconduct against lawyers. The allegations will be investigated and decided by the
state council through its disciplinary action committee. At the conclusion of the hearing, the
disciplinary action committee may dismiss the complaint or reprimand the erring attorney or
order his name to be removed from the attorney's name list.

5. Power to form groups

Section 9 states that the state bar may set up one or more disciplinary action committees
consisting of three persons. Section 9-A states that bar associations may set up one or more free
legal aid committees.

In addition to the State Bar Council disciplinary action committee,

A. The Executive Committee shall consist of 5 persons elected from among the members of
the Council;
B. Section 10 (1) stipulates that an Enrollment Committee may be constituted consisting of
3 persons selected from the members of the Council as members of the Enrollment
Committee.

In addition to these, Section 10 (3) states that the State Council may set up other committees and
its members necessary to carry out the objectives of this Act.