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Bar Council of Assam

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Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim
Statutory body overview
Formed1961; 63 years ago (1961)
HeadquartersGauhati High Court Building (Old), Guwahati
Statutory body executives
  • Sailendra Das[1], Chairman
  • Parswajyoti Das Nair, Vice-Chairman
Websitewww.barcouncilassametc.org

Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim is the regulatory and statutorily representative body for lawyers practicing law in the states of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim. It was constituted as per the mandatory requirement as per Advocates Act, 1961 and Bar Council of India. In March 1953, S. R. Das as head of the 'All India Bar Committee', proposed the creation of the apex body as an All-India Bar Council and Bar council at state levels and submitted a report to the Central Government of India. Members of the Bar Council are elected from among members enrolled and practicing as lawyers practicing law in the states of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim and they represent the state in Bar Council of India meetings. Bar Council of a place designs standards of professional conduct to be followed by members, and designs etiquettes and has the power to enforce disciplinary guidelines over the members of bar council.

History

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The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim 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. As per the guidelines, the legal profession in India and the standards of legal education would be regulated by the All India Bar Council. The Law Commission of India was suggested to prepare a report on judicial administration reforms in India.

Functions

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Section 7 of the Advocates Act, 1961 lays down the regulatory and representative requirements which are mandatory for State Bar Councils. Bar Councils of each place has following functions:[2]

  1. As a statutory body regulating legal profession and education across state.[3]
  2. Facilitating the election with rules for members to get elected and manage the Bar Council.[4][5][6][7][8]
  3. Forwarding the names of elected members to Bar Council of India for formal approval as members.[5]
  4. Facilitating the formation of managing committee like chairman, Vice-chairman and Treasurer of the Bar.[5]
  5. Designing the professional behaviours and code to be followed by advocates who are its members.[9][10]
  6. Lay down guidelines for disciplinary committees and other committees formed by it.
  7. Supporting with financial aid in case of need.[11][12][13][14]
  8. Protecting the advocate members rights, benefits and safeguarding their interests.[15]
  9. Designing, promoting and supporting law reform as per changing circumstances.
  10. Handle and resolve other issues or any matter placed before it by its members in ad hoc situations.[16][17][18]
  11. Design and organise seminars on wide legal topics in the interest of members by reputed jurists and publishing them in journals and magazines of legal circles and other sources of media.[19]
  12. Facilitating legal aid to those who can't afford it.
  13. Ensuring that guidelines laid in various legal forums are followed by members.
  14. Initiating disciplinary action in case of professional misconduct.[20]
  15. Designing welfare schemes like Insurance for its members.[21][22]
  16. Supporting members with emergency services during natural calamities.[14]
  17. Initiate disciplinary action in case the official premises is used for other than professional purpose.[23]
  18. 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.[24][25]
  19. Organising regular meeting with local associations enrolled with council.[26]
  20. Enrolling various bar associations in the state as its associate members.[13]
  21. Resolving disputes between members within timeframe.[27]
  22. Initiating disciplinary action against members for complying to its policies.[28][24][29]
  23. Enrolling newly qualified lawyers into council.[30][31][32][33][34][35]
  24. Laying down guidelines to check fake lawyers.[36]

Constitution

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The council elects its own chairman and vice-chairman for a period of five years from amongst its members.[3][6] 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 a Certificate of Practice. As per the Advocates Act, the bar council of the state should have 25 members in case the members on roll exceeds 10000.[5]

Mr. Adv. Sailendra Das was elected as Chairman of Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim.[1]

Enrollment of advocates

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Graduates having a law degree from recognised universities permitted to impart legal education are admitted as advocates in The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim.[37] Law graduates can enroll online for The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim.[31] State bar councils are empowered by Advocates Act, 1961 to frame rules according to their convenience for enrolling advocates in council. The enrollment committee formed by Councils will scrutinise a prospective member's application. Enrolled advocates of any bar council in-state are considered eligible to write the All India Bar Examination conducted by the Bar Council of India. After clearing the exam, they are certified by the Bar Council of India and issued 'a Certificate of Enrolment', which facilitates them to practice the profession of law in any High Court based in India and lower courts of the country, as an advocate. Advocates are required to qualify in the exam known as "Supreme Court Advocate on Record Examination" which is conducted by the Supreme Court exclusively to practice in the Supreme Court of Country.

Important actions

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1. In March 2020, The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim had set up a financial support scheme for its members with guidelines for those getting affected with COVID-19 pandemic and the lockdown imposed providing them monetary support of Rs 5000.[38]

2. In August 2020, The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim members, had planned and agreed in its members meeting a resolution, for resumption of physical court and opening of offices of Bar Associations under Gauhati High Court, Assam, to organise demonstration in every Bar Association in North-Eastern Region.[39][40]

See also

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References

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  1. ^ a b "Bar Council has new Chairman Sailendra Das, Vice Chairman Parswajyoti Das Nair". sentinelassam.com. 12 November 2020. Retrieved 3 October 2021.
  2. ^ "Welcome to Bar Council of India". 103.25.172.19. Retrieved 24 September 2021.
  3. ^ a b "Bihar State Bar Council elections to be held on March 27". The New Indian Express. 11 February 2018. Retrieved 27 September 2021.
  4. ^ Saikia, Ritupallab (28 March 2018). "Bar Council of India election: Advocates vote to elect executive members of Bar Council of 5 NE States". nenow.in. Retrieved 24 November 2021.
  5. ^ a b c d Karmakar, Debashish (15 June 2018). "Bihar State Bar Council elected: All 25 members of Bihar State Bar Council elected". The Times of India. Retrieved 27 September 2021.
  6. ^ a b "Bar Council of Tamil Nadu and Puducherry elects new office-bearers". The Times of India. 30 July 2019. Retrieved 23 September 2021.
  7. ^ "First elected member of Tamil Nadu, Puducherry bar council named". The Times of India. 10 August 2018. Retrieved 23 September 2021.
  8. ^ Subramani, A. (4 December 2018). "Tortuous election process holds up bar council". The Times of India. Retrieved 23 September 2021.
  9. ^ Mathur New, Aneesha. "Supreme Court comes to the rescue of 2 judge hopefuls". India Today. Retrieved 9 September 2021.
  10. ^ "Appointment Of HC Judges Is Made After Considering Seniority, Merit: SC". Moneycontrol. Retrieved 9 September 2021.
  11. ^ "Bar Council of Gujarat pays Rs 2 crore for Covid treatment". The Times of India. 17 May 2021. Retrieved 27 September 2021.
  12. ^ "12,000 lawyers hit by Covid-19 to get Rs 4,000 as assistance". The Times of India. 18 May 2020. Retrieved 23 September 2021.
  13. ^ a b "Bar Council of TN & Pondy to give Rs 4,000 each to 12,000 needy advocates". Business Standard India. 8 May 2020. Retrieved 23 September 2021.
  14. ^ a b Mathur, Aneesha (20 May 2021). "Bar Council of Delhi gives over Rs 3.59 crore as financial aid to Covid-affected lawyers". India Today. Retrieved 15 September 2021.
  15. ^ Sharma, Poonam (27 December 2020). "Delhi Bar Council writes to MHA seeking immediate action against police raid at lawyer Mehmood Pracha's office". India Today. Retrieved 15 September 2021.
  16. ^ "Assam-Mizoram border row: Bar Council's appeal people to maintain peace and tranquility". sentinelassam.com. 10 August 2021. Retrieved 24 November 2021.
  17. ^ "Bar council writes to CS about lawyers accessing courts during lockdown". The Times of India. 9 May 2021. Retrieved 23 September 2021.
  18. ^ "Bar Council of Delhi writes to PM Modi, urges repeal of new farm laws". Business Standard India. 3 December 2020. Retrieved 15 September 2021.
  19. ^ "Himachal HC starts lecture series of "Pursuit of Excellence"". punjabnewsexpress.com. 24 August 2021. Retrieved 24 September 2021.
  20. ^ "Bar Council Of Delhi Suspends 10 More Lawyers For Submitting Fake Covid Reports For Financial Help". India com News. 14 July 2021. Retrieved 15 September 2021.
  21. ^ "HC seeks bar council's response on plea by govt on lawyer benefits". The Times of India. 20 August 2021. Retrieved 15 September 2021.
  22. ^ "Govt. appeals against inclusion of NCR lawyers in welfare plan". The Hindu. 19 August 2021. Retrieved 15 September 2021.
  23. ^ "Delhi Bar Council suspends license of lawyer who performed 'Nikah' at his chamber". ANI News. 5 July 2021. Retrieved 15 September 2021.
  24. ^ a b "Suspension of 5,790 Tamil Nadu lawyers kept in abeyance {". The Times of India. 27 March 2019. Retrieved 23 September 2021.
  25. ^ "Bar Council of Delhi hikes enrolment fee, new joinees to pay Rs 14,300". India Legal. 9 January 2021. Retrieved 15 September 2021.
  26. ^ "Delhi: Bar council to hold meeting on reverting to physical mode". The Times of India. 1 February 2021. Retrieved 15 September 2021.
  27. ^ "Madras HC stays transfer of complaints against lawyers to Bar Council of India". The Times of India. 2 March 2020. Retrieved 23 September 2021.
  28. ^ "Kerala Bar Council to act against lawyer over FB post against cop Anie Siva". The News Minute. 18 July 2021. Retrieved 26 September 2021.
  29. ^ "Bar Council penalises new lawyers who put up hoardings". The Times of India. 29 December 2018. Retrieved 23 September 2021.
  30. ^ "AK Goswami is new CJ of Andhra HC". The New Indian Express. 1 January 2021. Retrieved 24 November 2021.
  31. ^ a b "Bar Council of Kerala organises first-ever online enrolment". The New Indian Express. 28 June 2020. Retrieved 25 September 2021.
  32. ^ Ahmed, Sheikh (13 March 2015). "JK gets new Chief Justice". Greater Kashmir. Retrieved 24 November 2021.
  33. ^ "Thangkhiew takes oath". The Shillong Times. 20 November 2018. Retrieved 24 November 2021.
  34. ^ "Thangkhiew takes oath as judge of Meghalaya High Court, second Khasi after Justice Lamare to be appointed as High Court judge". shillongtoday. 19 November 2018. Retrieved 24 November 2021.
  35. ^ "Supreme Court Collegium recommends transfer of 5 Chief Justices of High Courts". India Legal. 17 September 2021. Retrieved 24 November 2021.
  36. ^ "Bar Council passes resolution to keep fake lawyers out of court". The Indian Express. 25 October 2011. Retrieved 2 October 2021.
  37. ^ "Any procedure in place for online enrollment of law grads, Delhi HC asks Bar Council of Delhi". Hindustan Times. 4 December 2020. Retrieved 3 September 2021.
  38. ^ "Bar Council of North Eastern States Frame Scheme for Financial Assistance of Needy Advocates". indialegallive.com. 1 May 2020. Retrieved 3 October 2021.
  39. ^ "Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh, & Sikkim stages protest for physical resumption of Courts". India Legal. 13 August 2020. Retrieved 3 October 2021.
  40. ^ "Resume 'Physical' Court Functioning: Bar Council". Time8 News. 27 August 2020. Retrieved 3 October 2021.
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