November, 2019

For those who want to enroll as advocated with the BCI have to pay an enrolment fee of Rs 600 to their respective SBC and Rs 150 to the BCI.

Credits : freepik.com

The Bar Council of India (BCI), headquartered at Delhi, is a constitutional body formed under the Advocates Act, 1961, which regulates and controls the legal education and legal practice in India. The Council proposes professional conduct standards and propriety, and exercises disciplinary jurisdiction. It also establishes legal education standards and gives recognition to universities offering law degrees and also provide the needed qualification for aspirants to enroll themselves as advocates on completion of graduation in law.

The Council comprises of members chosen from the law fraternity in India.

Functions of the BCI

Section 7 of the Advocates Act, 1961, specifies the BCI representative and regulatory directive for legal education as well as the legal profession within India. The functions of the BCI are:

• 1. Laying down professional conduct standards and propriety for advocates


• 2. Laying down procedures that must be followed by the various disciplinary committees.


• 3. Protecting the rights, interests, and privileges of advocates.


• 4. Promoting and supporting law reforms


• 5. Dealing with and disposing of any matter that is referred by any of the State Bar Council (SBC)


• 6. Promoting legal education and laying down legal education standards


• 7. Determining universities whose law degree provides the needed quali cation for enrolling as an advocate


• 8. Conducting seminars on legal subjects by renowned jurists and publishing papers and journals View All Exams of legal interest


• 9. Organising and providing legal assistance to the poor


• 10. Recognising foreign law qualifications gained outside India for admission as an advocate


• 11. Managing and investing funds of the BCI


• 12. Providing for electing its members who will manage and administer the Bar Councils


• 13. Organising and providing legal assistance to the scheduled caste

Eligibility for Enrollment of Advocates to the BCI

The Advocates Act, 1961, Section 24, states the qualifications of an individual permitted to enroll in the BCI. This section stipulates that conditional on the Act’s provisions and the rules framed, an individual shall be qualified and eligible to be enrolled as an advocate on a State roll if he/she meets the prerequisites as below

• 1. They should be an Indian citizen; a resident of any other nation can be permitted as an advocate on a State roll provided Indian citizens who are duly qualified, are authorized to practice law in the other nation, subject to other limitations.


• 2. They should be a minimum of 21 years.


• 3. They have obtained a law degree after completing three years of law course from any university within India that is recognised for the objective and intent of the Act by the BCI. In a few cases, an advocate who has gained a degree from any University outside India, and if the degree is recognised for the objective and intent of this Act by the BCI, he may be admitted.


• 4. They must satisfy such other prerequisites as stipulated in the rules made by BCI

At present, an individual who desires to get enrolled as an advocate has to rst clear the BCI exam. Subsequently, the person can enrol himself/ herself under any State Bar Council (SBC). Eligible individuals are admitted as advocates on the rolls of the SBCs. The Advocates Act empowers SBCs to formulate their own rules concerning the enrolment of advocates. The Council’s enrolment committee will examine a candidate’s application.

Different SBCs have framed their own rules concerning enrolment as an advocate. Nevertheless, many of the SBCs require candidates to apply together with their law degree and mark sheets along with a judicial stamp paper and necessary fees.

For those who want to enroll as advocated with the BCI have to pay an enrolment fee of Rs 600 to their respective SBC and Rs 150 to the BCI. These payments must be made through separate demand drafts.

Those admitted as advocates by any SBC are eligible to take the All India Bar Examination (AIBE) that is conducted by the BCI. Passing the AIBE grant state-enrolled advocates with a Certificate of Enrolment (COE) that facilitates them in practicing law as an advocate in any lower court and High Court within the Indian territory.

All India Bar Examinations

AIBE is a national level exam which is organised by the BCI and has been designed with ful lling the objective to assess the capability of advocates who have a strong desire to practice law in India. This examination is conducted semi-annually and tests advocates on procedural and substantive law. The AIBE will appraise skills at a fundamental level and x a minimum benchmark for admission to practice law. After passing the examination, the candidate will be awarded Certificate of Practice (CoP) by the BCI, and they become eligible to practice law in India.

The eligibility perquisites for the AIBE is set by the BCI. If the BCI realises that an applicant is unqualified, then their application will be disqualified. Therefore, candidates must check the AIBE eligibility perquisites prior to lling the application form. The eligibility criteria that candidates must know prior to applying for the AIBE exam are

• 1. Only Indian resident candidates are eligible


• 2. The aspiring candidates must have completed their three-year or ve-year LLB degree program from any recognised university


• 3. Candidates must be enrolled with any SBC (under Section 24 of the Advocates Act 1961)


• 4. He/she should have an advocate ID Card/enrollment card issued by the State Bar Council Some of the other essential points to remember are:


• 5. There is no age limit to appear for the exam


• 6. There is no limit to the number of attempts


• 7. There are no minimum marks prescribed in the qualifying exam

Also read: Growth and Development: Helping Your Child Build Self-Esteem

 

Back to All Educational Tips and Tricks, Articles, Resources

 

Share This:

 

To Know More Information About junior college of commerce in thane Contact Us @ (91-22) 2597 2814 Or Email Us At - saraswatividyalaya@gmail.com

Source: www.shiksha.com