Statutory Committees of the Bar Council of India
The Bar Council of India has several committees out of which the Legal Education Committee and the Disciplinary Committees are Statutory Committees.
(a). Legal Education Committee
The Legal Education Committee consists of five Members of the Bar Council of India and five Members co-opted from outside and they represent Judiciary, Law Ministry, University Grants Commission and Academicians. This is a high powered committee which makes recommendations to the Bar Council of India on all matters pertaining to Legal Education in the country. The Legal Education Committee elects its own Chairman.
(b). Disciplinary Committees
One of the important functions of the Bar Council of India is to lay down standards of professional conduct and etiquette for Advocates under section 7(1)(b)© and (d) read with Section 49 (1)© of the Advocates Act,1961. For this purpose u/s 35 of the Act complaints against Advocates for professional and other misconduct are received by the State Bar Councils.
The Bar Council of India constitutes the Disciplinary Committees. Every Committee consists of three Members out of which two Members are from the Bar Council of India and the third Members is co-opted from outside to enquire into the professional and other misconduct of advocates on the rolls of various State Bar Councils in the country.
Under section 35(3) of the Act the Disciplinary Committees of the Bar Councils can reprimand, suspend or remove the name of the Advocate from the roll of Advocates if found guilty.
The Disciplinary Committee of the Bar Councils have same powers as are vested in the Civil Court under Code of Civil Procedure,1908 in respect of summoning the witnesses and recording the evidence and appointment of Commissions.
Under section 37 of the Act the appeal lies before the Bar Council of India against the order of the Disciplinary Committee of the State Bar Councils.
If the case is not disposed of within the statutory period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of State Bar Council, the same is transferred to the Bar Council of India under section 36B(1) of the Act. The Disciplinary Committees of the Bar Council of India continue the original case from the stage at which it was so left by the State Bar Council.
The Disciplinary Committees of the Bar Council of India discharge the work of an appellate authority as well as exercise original jurisdiction.
Other Committees
The Bar Council of India has also other Committees viz., Executive Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules Committee and various other Committees formed to look into specific issues arising from time to time.
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