Role Of Bar Council Of India In Promoting Legal Education- Ppt

Role of Bar Council of India in Promoting Legal Education INTRODUCTION & STATUTORY FUNCTIONS   The Bar Council of India is a statutory body established under the Advocates Act 1961 that regulates the legal practice and legal education in India. The Bar Council of India is a statutory  body created by Parliament to regulate and represent the Indian bar. The Council performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary urisdiction o!er the bar. The Council also sets standards for legal education and grants recognition to "ni!ersities #hose degree in la# #ill ser!e as qualification for enrolment as an ad!ocate. Section 7 of the Advocates Act 1961 lays do#n the follo#ing statutory functions$ %. To lay do#n standards of professional conduct and etiquette for ad!ocates. &. To lay do#n procedure to be follo#ed by its disciplinary committee and the disciplinary committees of each 'tate Bar Council. (. To safeguard the rights) pri!ileges and interests of ad!ocates. 4. To promote legal education and to lay don standards of legal education. T!is is done in consultation it! t!e "niversities in India imparting legal education and t!e State Bar Councils. #. To recogni$e "niversities !ose degree in la s!all %e a &ualification for enrolment as an advocate. T!e Bar Council of India visits and inspects "niversities' or directs t!e State Bar Councils to visit and inspect "niversities for t!is purpose. R"LE' *+ PR*,E''I*+-L 'T-+-R' 1. 2. 3. 4. 5. 6. Act in a dignifed manner Respect the court Not communicate in private Reuse to act in an illegal manner towards the opposition Reuse to represent clients who insist on unair means Appear in proper dress code ()*+,-()T + A/0+CAT(S •. The -d!ocates -ct) %/0% empo#ers 'tate Bar Councils to frame their o#n rules regarding enrolment of ad!ocates. -ll applicants for enrolment as ad!ocates are required under Section 24 31 3f  of the Advocates Act' 1961  to pay an enrolment fee of *s.655 to the respecti!e 'tate Bar Council and *s.1#5to the Bar Council of India. •. Section 24  of the -d!ocates -ct specifies the qualifications of a person entitled to be enrolled into the Bar. The criteria1s are as follo#s$ •. 8e is a citi$en of India •. 8e !as completed t!e age of tentyone years. •. 8e !as o%tained a degree in la after t!e 12t! day of -arc!' 1967' after undergoing a t!ree years course of study in la from any "niversity in India !ic! is recogni$ed for t!e purposes of t!e Advocates Act %y t!e Bar Council of India COMMITTEES OF BCI  ,(A, (/"CATI+) C+--ITT((  /ISCI:,I)A*; C+--ITT((  ( To ma?e recommendations to t!e Council for laying don t!e standards of legal education for "niversities. > To visit and inspect "niversities and report t!e results to t!e Council. > To recommend to t!e Council t!e conditions su%@ect to !ic! foreign &ualification in la o%tained %y persons ot!er t!an citi$ens of India may %e recogni$ed. > To recommend to t!e Council for recognition of any degree in la of any "niversity in t!e territory of India. > To recommend t!e discontinuance of recognition of any "niversity already made %y t!e Council.  /ISCI:,I)A*; C+--ITT(( The disciplinary committee of the Bar Council of India hears applications for re!ision by persons against summary dismissal of their complaints against ad!ocates for professional misconduct) by the 'tate Bar Councils  ( different uni!ersities. c !ndian "ar Review#The Indian Bar Re!ie#) the quarterly ournal of the Bar Council of India Trust) is rated among the top legal periodicals in the country. 'ince %/9&) the ournal has informed and educated the udiciary) la#yers) students) and academics about the latest trends) de!elopments) and scholarship in the field of la# and legal education. d? Continuing ,egal (ducation The BCI trust is in!ested hea!ily in updating the 5no#ledge and s5ills of practicing ad!ocates and to promote [email protected] in professional ser!ices. 6or5shops are organised regularly in !arious parts of the country to help ad!ocates de!elop their s5ills in a !ariety of topics li5e constitutional litigation) ad!ocacy) labour adudication) tort litigation) administrati!e la# and adudication and en!ironmental la#s. The Trust has also assembled high2quality reading materials on all these subects. /I*(CT+*AT( + ,(A, (/"CATI+) • The Bar Council of India has established a irectorate of Legal Education for the purpose of [email protected]) running) conducting) holding) and administering the follo#ing  Continuing ,egal (ducation  Teac!ers training  Advanced speciali$ed professional courses  (ducation program for Indian students see?ing registration after o%taining ,a /egree from a oreign "niversity  *esearc! on professional ,egal (ducation and Standardi$ation  Seminar and or?s!op  ,egal *esearc!  Any ot!er assignment t!at may %e assigned to it %y t!e ,egal (ducation committee and t!e Bar Council of India ALL INDIA BAR EXAMINATION  *n -pril %>) &>%>) the Bar Council of India resol!ed to conduct an -ll India Bar Examination that tests an ad!ocateAs ability to practice la#. It is required for an ad!ocate to pass this examination to practice la#. This examination is held biannually and tests ad!ocates on substanti!e and procedural la#. *nce the ad!ocate passes the examination) heshe #ill be entitled to a Certificate of Practice la# throughout India  :*+B,(-S  The pace of change to#ards impro!ing the quality of legal education #as #atered do#n by the !ery same Bar Council through a series of compromises adopted in the course of the last t#o decades. These include   +ot follo#ing the distinction bet#een professional and liberal legal education in [email protected] the o!er >> la# teaching institutions for extending BCI urisdiction  Reducing the eligibility criteria for admission to the professional la# course7 there is need to fix the age to get entered into a la# college) li5e la# school all other la# colleges should fixed the maximum age #ith in &>years for the general category students &(years for a economically  bac5#ard students  Inability to mobilise funds for supporting impro!ements in legal education) particularly among institutions located outside metropolitan cities7 the institution situated out side the metro city is suffering from !arious problems due to lac5 of fund. They could not afford a good la# library. They did not ha!e the chance to get other facilities of the metros. They could not in!ite good faculty for these lac5 of fund. *n the other hand all these good faculty prefers to stay in a 3etro cities.  Inability to deter full2time teachers from practicing la# and thereby depri!ing students of the  benefit of ser!ices of these teachers7 after completion of the course e!ery one hade to go for the  practical use of the la#. 'o it is !ery important to 5no# the practical situation from a person #ho is expert in that particular field. In that case none but the practicing la#yer is the best teacher.  The experts of a particular discipline should start detailed studies on that subect . In the recent years #e sa# Indian Institute of technology)
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Role of Bar Council of India in

Promoting Legal Education

To recognize Universities whose degree in law shall be a qualification for enrolment as an advocate.INTRODUCTION & STATUTORY FUNCTIONS  The Bar Council of India is a statutory body established under the Advocates Act 1961 that regulates the legal practice and legal education in India. This is done in consultation with the Universities in India imparting legal education and the State Bar Councils. 2. To promote legal education and to lay down standards of legal education. 3. To lay down standards of professional conduct and etiquette for advocates.  Section 7 of the Advocates Act 1961 lays down the following statutory functions: 1. The Council performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. privileges and interests of advocates. The Bar Council of India visits and inspects Universities. The Council also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. . 4. 5. To lay down procedure to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council. To safeguard the rights. The Bar Council of India is a statutory body created by Parliament to regulate and represent the Indian bar. or directs the State Bar Councils to visit and inspect Universities for this purpose.

He has obtained a degree in law after the 12th day of March.600 to the respective State Bar Council and Rs. 5. 6. All applicants for enrolment as advocates are required under Section 24 (1) (f) of the Advocates Act. after undergoing a three years course of study in law from any University in India which is recognized for the purposes of the Advocates Act by the Bar Council of India . •. 3. 1961 to pay an enrolment fee of Rs. 1967. 4. Section 24 of the Advocates Act specifies the qualifications of a person entitled to be enrolled into the Bar. He has completed the age of twenty-one years. 2. Act in a dignified manner Respect the court Not communicate in private Refuse to act in an illegal manner towards the opposition Refuse to represent clients who insist on unfair means Appear in proper dress code ENROLMENT OF ADVOCATES: •. •. The Advocates Act. 1961 empowers State Bar Councils to frame their own rules regarding enrolment of advocates. He is a citizen of India •.RULES ON PROFESSIONAL STANDARDS 1. The criteria's are as follows: •.150/-to the Bar Council of India.

The committee elects its own Chairman. . • To recommend to the Council for recognition of any degree in law of any University in the territory of India. This committee makes recommendations to the Bar Council of India on all matters pertaining to legal education in the country. and academia. The Legal Education Committee has the power: • To make recommendations to the Council for laying down the standards of legal education for Universities. the University Grants Commission. • To recommend to the Council the conditions subject to which foreign qualification in law obtained by persons other than citizens of India may be recognized.COMMITTEES OF BCI        LEGAL EDUCATION COMMITTEE DISCIPLINARY COMMITTEE EXECUTIVE COMMITTEE ADVOCATE WELFARE COMMITTEE LEGAL AID COMMITTEE BUILDING COMMITTEE RULES COMMITTEE  Legal education committee: The Legal Education Committee consists of five members of the Bar Council of India and five co-opted members to represent the judiciary. • To recommend the discontinuance of recognition of any University already made by the Council. the Law Ministry. • To visit and inspect Universities and report the results to the Council.

The Advocates Welfare Committee looks into applications made by advocates through various State Bar Councils for welfare funds. and is responsible for giving effect to the resolutions of the Council ADVOCATES WELFARE COMMITTEE.The Building Committee is responsible for setting up offices for the Council. .The Legal Aid Committee provides aids to those requiring legal assistance. RULES COMMITTEE-The Rules Committee reviews the rules and regulations of the Council. BUILDING COMMITTEE.The disciplinary committee of the Bar Council of India      hears applications for revision by persons against summary dismissal of their complaints against advocates for professional misconduct. by the State Bar Councils EXECUTIVE COMMITTEE-The Executive Committee is the executive authority of the Council. DISCIPLINARY COMMITTEE. The committee verifies the application and allocates funds LEGAL AID COMMITTEE.

is rated among the top legal periodicals in the country. Bangalore. the journal has informed and educated the judiciary. It was the inspiration for the establishment by various states of similar National Law Universities such as the NALSAR University. the quarterly journal of the Bar Council of India Trust. Since 1972. The trust works towards maintaining professional standards in the legal profession and effecting improvements in legal education. The Trust established the first National Law University in Bangalore in 1987. and academics about the latest trends. developments. publication of textbooks for students and law reports. 1974 as a public charitable trust.BCI TRUST  The Bar Council of India Trust was created by the Bar Council of India on April 27. Hyderabad and the West Bengal National University of Juridical Sciences.The Bar Council of India Trust is also at the forefront in delivering world-class instruction in law. and scholarship in the field of law and legal education. since its inception in 1981. and activities promoting welfare of the members of the Indian legal profession. and has been promoting advocacy skills amongst law students. b) National Moot Court Competition-The National Moot Court Competition of the Bar Council of India is organised under the Trust. . The Trust is also active in other fields such as providing legal aid to the disadvantaged. Kolkata. in India. c) Indian Bar Review-The Indian Bar Review. a) National Law School of India University. students. The eagerly awaited event is organised by the Trust in association with an Indian University and sees fierce competition between teams from 40 different universities. lawyers.

d) Continuing Legal Education. and administering the following Continuing Legal Education Teachers training Advanced specialized professional courses Education program for Indian students seeking registration after obtaining Law Degree from a Foreign University Research on professional Legal Education and Standardization Seminar and workshop Legal Research Any other assignment that may be assigned to it by the Legal Education committee and the Bar Council of India . The Trust has also assembled high-quality reading materials on all these subjects. labour adjudication.The BCI trust is invested heavily in updating the knowledge and skills of practicing advocates and to promote specialization in professional services. holding. running. Workshops are organised regularly in various parts of the country to help advocates develop their skills in a variety of topics like constitutional litigation. advocacy. DIRECTORATE OF LEGAL EDUCATION •         The Bar Council of India has established a Directorate of Legal Education for the purpose of organizing. administrative law and adjudication and environmental laws. conducting. tort litigation.

They did not have the chance to get other facilities of the metros. 2010. particularly among institutions located outside metropolitan cities. the institution situated out side the metro city is suffering from various problems due to lack of fund. They could not invite good faculty for these lack of fund. the Bar Council of India resolved to conduct an All India Bar Examination that tests an advocate’s ability to practice law. These include  Not following the distinction between professional and liberal legal education in categorizing the over 500 law teaching institutions for extending BCI jurisdiction  Reducing the eligibility criteria for admission to the professional law course. there is need to fix the age to get entered into a law college. It is required for an advocate to pass this examination to practice law. This examination is held biannually and tests advocates on substantive and procedural law. Once the advocate passes the examination.ALL INDIA BAR EXAMINATION  On April 10. . On the other hand all these good faculty prefers to stay in a Metro cities. he/she will be entitled to a Certificate of Practice law throughout India PROBLEMS  The pace of change towards improving the quality of legal education was watered down by the very same Bar Council through a series of compromises adopted in the course of the last two decades. They could not afford a good law library. like law school all other law colleges should fixed the maximum age with in 20years for the general category students 23years for a economically backward students  Inability to mobilise funds for supporting improvements in legal education.

So it is very important to know the practical situation from a person who is expert in that particular field. Inability to deter full-time teachers from practicing law and thereby depriving students of the benefit of services of these teachers. . In that case none but the practicing lawyer is the best teacher. interest groups and governments keeping in mind the requirements of equity. No other institutions than IIT. Khargapur come out with new course on law related to Technology and Computers. after completion of the course every one hade to go for the practical use of the law. In the recent years we saw Indian Institute of technology.Like wise if the Business schools comes out with different law courses on the corporate management then it will be beneficial for the corporate law field. Legal education is an investment. which if wisely made will produce most beneficial results for the society. lawyers will have to assist communities.  The experts of a particular discipline should start detailed studies on that subject . ISI are the best in their respective field of Science and technology and statistic. particularly in periods of transition. justice and fairness  It will be important to devote thought on how to adopt our legal education to modern conditions so that the coming generation may fit in the new society that is envisaged. IISc. So if they start to use their intellectuals in this field then the development in law will be the unimaginable.  In structuring the institutions and procedures.  CONCLUSION To be able to solve these problems we must have an awareness of the challenges involved and the changes taking place in contemporary times.