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professional ethics document on the topic the power of disciplinary committe
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SUBJECT :- Professional Ethics (Clinical-II)
SESSION :- 2022-
ASSIGNMENT ON :- State Bar Council
CLASS :- BBA.LLB. VIII SEM
SUBMITTED BY :- KANISHK BANSAL
SUBMITTED TO :- VISHAL SHARMA SIR
CERTIFICATE OF DECLARATION
I hereby declare that the project work entitled “State Bar Council” submitted to the Prestige Department of Law, is a record of an original work done by me under the guidance of Mr. Vishal Sharma Sir , and this project work is submitted in the parital fulfillment of the requirements for the semester completion. The results embodied in this assignment have not been submitted to any other University or Institute.
By Kanishk Bansal
The Advocate Act, 1961, has made provisions for the establishment of Bar Councils. The Bar Council will be two patterns - Bar Council of India and State Bar Council. Under Section 3 of the Act State Bar Council will be established. However, Under Section 4, a Bar Council of India will be established.
Bar and Bench is the spinal cord of this legal system. Only a coordinated activity of these entities can produce a smooth functioning of legal system. Eminent lawyers at the Bar receive almost the same respect as Judges. And only the cooperation and unity among lawyers can make this system move forward. Since the Legislature was already aware of this fact, it enacted the Advocate’s Act, 1961 ( hereinafter as the Act) to regulate the legal profession. The Act provided for the constitution of Bar Council of India, State Bar Councils, their powers, enrolment, qualification, disqualification of Advocates etc.
Section 6 of the Act lays down the important functions of a State Bar Council. They are:
The State Bar Council may receive gifts, donations or any grants for the purposes mentioned above and such amount may be credited to the welfare funds constituted accordingly.
Various Committees may be constituted by the State Bar Councils for discharging certain duties. Such as:
(i) Disciplinary Committee The disciplinary committees are constituted to deal with the cases of professional misconduct of Advocates. The Council may constitute one or more disciplinary committees. It shall consist of three persons in out of which two persons shall be members of the Council and the remaining one being selected from the non-member Advocates. The senior most among the members of the Committee shall be the Chairman of the Disciplinary Committee. The Disciplinary Committee shall have the same power as that of a civil Court in matters relating to the disposal of disputes relating to professional misconduct.
(ii) Legal Aid Committee One or more legal aid committees may be constituted by the Council. It shall have minimum five members; however it cannot exceed nine. The Legal Aid activities of the Council are monitored, conducted by the committee. The Council prescribes the qualifications required for the members from time to time.
(iii) Executive Committee It shall consist of five members and they are elected by the Council amongst its members.
Every State Bar Council has the power to make rules regarding the following matters:
The power of the State Bar Council is merely to prepare and revise from time to time the electoral roll subject to the Rules made by the Bar Council of India concerning the qualifications and conditions aforesaid. The Rule making power of the State Bar councils does not override the powers conferred to Bar Council of India. Even though Bar Council of India can approve the rules made by the State Bar Councils, rules which are ultra vires to the parental Act cannot be ratified.
the Supreme Court observed that “This is an Act which has been enacted with the object of preparing a common roll of advocates, integrating the profession into one single class of legal practitioners, providing uniformity in classification and creating autonomous Bar Councils in each State and one for the whole of India. The functioning of the State Bar Council is to be carried out by an elected body of members and by the office-bearers who have, in turn, been elected by these elected members of the said Council. The legislative intent derived with the above stated objects of the Act should be achieved and there should be complete and free democratic functioning in the State and All India Bar Councils. The power to frame rules has to be given a wider scope, rather than a restrictive approach so as to render the legislative object achievable.”
