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Madhya Pradesh Bar Council


Bar Council of Madhya Pradesh is the regulatory and statutorily representative body for lawyers practising law in the state of Madhya Pradesh, and was constituted as per the the mandatory requirement as per Advocates Act, 1961. 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 state of Andhra Pradesh 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.

History

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The 'All India Bar Committee' headed by S. R. Das in March 1953 submitted a report proposing the creation of a bar council for each state and an apex body at national level as All-India bar council. Accordingly in July 2018, the Andhra Pradesh State Bar Council was formed[1]. It was suggested that the all India bar council would regulate the legal profession and set the standard of legal education. The Law Commission of India was assigned the job of assembling a report on judicial administration reforms.

In July 2021, the state Bar Council along with Bar Councils of other Southern states of India had requested the Vice-President Mr Venkaiah Naidu and Supreme Court Chief Justice Hon. N. V. Ramana for the setting up of separate bench for Southern India[2][3].

Functions

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

  1. Lay down standards of professional conduct and etiquette for advocates.
  2. Lay down procedure to be followed by disciplinary committees
  3. Safeguard the rights, privileges and interests of advocates
  4. Promote and support law reform
  5. Deal with and dispose of any matter which may be referred by a State Bar Council
  6. Promote legal education and lay down standards of legal education.
  7. Determine universities whose degree in law shall be a qualification for enrollment as an advocate.
  8. Conduct seminars on legal topics by eminent jurists and publish journals and papers of legal interest.
  9. Organise and provide legal aid to the poor.
  10. Recognise foreign qualifications in law obtained outside India for admission as an advocate.
  11. Manage and invest funds of the Bar Council.
  12. Provide for the election of its members who shall run the Bar Councils.

Constitution

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The council elects its own Chairman and Vice-Chairman for a period of two years from amongst its members. Assisted by the various committees of the Council, the chairman acts as the chief executive and director of the Council.

Enrollment of advocates

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In Andhra Pradesh Bar Council, eligible graduates having a recognised law degree are admitted as advocates.[4]. Law graduates can enroll online for Andhra Pradesh 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.

References

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  1. ^ Ishaqui, S. A. (21 May 2018). "Telangana, Andhra Pradesh to have new Bar Councils in July". Deccan Chronicle. Retrieved 3 September 2021.
  2. ^ "Plea to set up SC bench in south". The Hindu. 26 July 2021. Retrieved 3 September 2021.
  3. ^ Mutha, Sagar Kumar (25 January 2021). "Bar councils of five states call for an SC bench in south India | India News - Times of India". The Times of India. Retrieved 3 September 2021.
  4. ^ "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.
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