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User:Gardenkur/sandbox/Bar Council of Gujarat

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Bar Council of Gujarat is the regulatory and statutorily representative body for lawyers practising law in the state of Gujarat. It was constituted as per the mandatory requirement as per Advocates Act, 1961 and Bar Council of India. In March 1953, the 'All India Bar Committee', headed by S. R. Das, submitted a report which proposed the creation of a bar council for each state and an all-India bar council as an apex body. Its members are elected from amongst the lawyers in Gujarat and they represent the state in Bar Council of India meetings. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar.

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History

Bar Council of Gujarat was formed as per the requirement of Section 3 of Advocates Act, 1961 which mandates for each state of India to have its Bar Council. Accordingly in 1961 the Gujarat Bar Council was formed with 1184 advocates getting enrolled[1]. As per the guidelines the legal profession in India and the standards of legal education would be regulated by All India Bar Council . The Law Commission of India was assigned the job of assembling a report on judicial administration reforms.

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Functions

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Section 7 of the Advocates Act, 1961 lays down the Bar Council’s regulatory and representative mandatory. The functions of the Bar Council are to[1]:

  1. Facilitating the election with rules for members to get elected and manage the Bar Council[2].
  2. Designing the professional conduct and etiquette for advocates who are its members.[3]
  3. Lay down guidelines for disciplinary committees and other committees formed by it.
  4. Supporting with financial aid in case of need[4][5][6].
  5. Protecting the rights, privileges and interests of advocates[7][8].
  6. Designing,Promoting and supporting law reform as per changing circumstances.
  7. Deal with and dispose of any matter which may be referred to it by its members in adhoc situations[4][9][10].
  8. Promote legal education and lay down standards of legal education in the state.
  9. Conduct seminars on various legal topics in the interest of members by eminent jurists and publishing them in journals and papers of legal interest and other sources of media.
  10. Organise and provide legal aid to the needful.
  11. Ensuring that guidelines laid in various legal forums are followed by members.
  12. Initiating disciplinary action in case of professional misconduct[11][12][13][14]
  13. Designing welfare schemes like Insurance for its members[15]
  14. Supporting members with emergency services during natural calamities[6].
  15. Initiate disciplinary action in case the official premises is used for other than professional purpose[16].
  16. Fixing Annual Fee for members for enrolling in Council which includes fees for enrollment and funds towards identity card,building,library,indigent and other welfare schemes[17].
  17. Organising regular meeting with local associations enrolled with council[18].
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Constitution

The council elects its own Chairman and Vice-Chairman[2] for a period of two years from amongst its members.[19] Assisted by the various committees of the Council, the chairman acts as the chief executive and director of the Council. Voting rights in elections are available only for advocates having Certificate of Practice. Till year 2018, there were around 75000 enrolled advocates as members of the Gujarat state Bar Council[1]. As per the Advocates Act, the bar council of the state should have 25 members in case the members on roll exceeds 10000.

Enrollment of advocates

Eligible graduates having a recognised law degree are admitted as advocates in Gujarat Bar Council.[20] Law graduates can enroll online for Karnataka Bar Council. The Advocates Act, 1961 empowers state bar councils to frame their own rules regarding enrollment of advocates. The Council’s enrollment committee may scrutinise a candidate’s application. Those admitted as advocates by any state bar council are eligible to take the All India Bar Examination which is conducted by the Bar Council of India. Passing the All India Bar Examination awards the state-enrolled advocate with a 'Certificate of Enrolment' which enables the state-enrolled advocate to practice law as an advocate in any High Court and lower court within the territory of India. However to practise Law before the Supreme Court of India, Advocates must first appear for and qualify in the Supreme Court Advocate on Record Examination conducted by the Supreme Court.

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Important Actions

See also

Bar Council of India


References

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