Though federal in structure, the distinct character of India under its Constitution has an effect on the country to have a merged bar. The preconstitutional legal framework had to go through a modification in the scene of the struggle by the people of India to achieve its freedom from the colonial rulers and the eventual taking of a democratic, republican Constitution. The Indian legal profession is one of the extended in the world, with over 1.4 million registered lawyers countrywide. The approx total value of the Indian legal market as of 2010 was roughly USD 1.25 billion. The legal profession, developing as it has done from colonial India, has gone through a large variation since its independence. The hard work of the members of the bar to attain excellence in all realm of their practise through rigid competition is not only evident in their every dealing with newer dares due to technological and other growth, but also in the recognition received by them in the world. Historically, the members of the bar have come up with guidance at both national as well as international level. At present possibilities is much higher.
LEGAL PROFESSION IS REGULATED BY ADVOCATES,1961
The Advocates Act of 1961 amended and combined the law relating to legal practitioners and given for the constitution of the State Bar Councils and an AllIndia Bar the Bar Council of India as its apex body. The Bar Council of India is settled of the Attorney General of India and the Solicitor General of India as its ex officio members, as well as one member elected from each of the State Bar Councils. The members of the State Bar Councils are elected for a period
of five years. Some highlighted purpose of the Bar Council of India are:
(1) To lay down standards of professional conduct and civility for advocates;
(2) To lay down the mechanism to be followed by its curative committee.
(3) To promote and assist law reform
(4) To update legal education and to relaxe standards of such knowledge in discussion with the Universities in India transmitting such education and the State Bar Councils
(5) To adjust legal aid to the poor in the prescribed manner;
(6) To acknowledge on a reciprocal basis foreign qualifications in law acquired outside India for the motive of admission as an advocate in India.
The Bar Council of India is conducted by a Chairman and a ViceChairman, who are selected from amongst the members of the Council for a period of two years. Each of the States in India has a State Bar Council. Each of the State Bar Councils has a different number of members depending upon the numerical strength of advocates on its rolls, who are elected to the membership of the State bar council in line with the system of proportional representation.
ROLE OF BAR COUNCIL OF INDIA AND STATE BAR COUNCILS
(1) Rules on Professional Standards
The Bar Council of India lays down rules concerning to standards of conduct and paid etiquette to be maintained by lawyers in court, with clients and defendants, and towards fellow lawyers . Disciplinary proceedings against those who breaks the rules are begin by the Disciplinary Committee of State Bar Councils, and the Bar Council of India acts as an appellate jurisdiction for the same.
The Bar Council of India is liable for the promotion of legal education and lays down the standards of legal knowledge in consultation with universities. The Bar Council accept centres of legal education, and also prescribes various kind and standards of courses of study, ability for admission, infrastructure demands and course structures.
The Bar Council also visits and audit these centres of legal education as part of its statutory functions. The Bar Council was also liable for kickstarting the next level of evolution in legal knowledge in the country by the establishing of the first National Law School of India University in Bangalore. The initiation of this premier law school has brought about a paradigm shift in teaching of and research of law.
Students from the National Law Schools set up in various parts of the country have radiate at the international stage by winning prestigious moots like the Philip C. Jessup International Law Moot Competition and the Willem C. Vis International Arbitration Moot Court Competition. Alumni of the National Law Schools have gone on to connect top law firms in the world, and also main bodies such as the United Nations, the Permanent Court of International Arbitration,the World Bank and the World Trade Organization.
(3) The Bar Council of India Trust
The Bar Council of India Trust is a public charitable trust which points to further legal research and education. The Trust produces a quarterly journal known called the ‘Indian Bar Review’. It also manages a national moot court competition, and kind of seminars and workshops as part of its on going Legal Education Programme. A Fellowship and Placement Scheme for junior lawyers to give financial assistance to the best candidates was initiated and is being followed by the Trust.
The Indian legal profession has get larger over a short period of less than 50 years to be the world’s largest branch of the profession. Within India, it is one of the most powerful professions having an involvement in the governance of the country. It sufficiently throw back the diversity of Indian society, its social hierarchies and actuality, and yet execute efficiently in delivering justice to litigants by Courts, despite the huge pressures that Courts and legal institutions function, given how improbable over burdened they always are. The unitary structure of the Indian bar comes across as a blessing in this regard.
Due to globalization, the effects of the world economy are being felt, with foreign law firms seeking entry into the Indian space and Indian law firms holding transactions with global implications. At the same time, the core rehearse of law still moves around the courts in India.
Author: Ananya Kashyap,
Symbiosis Law School, Nagpur/ 1 year