PROFFESIONAL ETHICS MATTERS IN THE SUPREME COURT OF INDIA
There is legislation in place that governs the activities of advocates and people belonging to the legal fraternity. The Advocates Act, 1961, which regulates and governs the activities of advocates and their profession in the country.
Objective and applicability of the Act
The Advocates Act, 1961, received the assent of the President on May 19, 1961 and is applicable to the whole country. It has been enacted with the objective to:
· Consolidate and amend laws relating to the legal profession and practitioners
· The Act also aims at constituting the bar council and State Bar Council in each state.
· It also provides powers to the Bar Council of India to make rules and guidelines in order to regulate the universities involved in teaching law.
Features of Advocates Act, 1961
The Act provides for the establishment of the Bar Council of India and State Bar Councils.
· It sets the procedure for the registration of advocates and their enrolment at the bar.
· The bar council has been recognised as a self-governing authority.
· It recognises the right of advocates to practise.
· It gives the Bar Council of India to provide regulations for the State Bar Councils in order to supervise and control them.
· A record containing names of senior advocates and other advocates has to be maintained by every State Bar Council.
· The purpose of the Act is to focus on the consolidation of existing laws for the conduct of advocates and the legal profession.
· The Bar Council also regulates the conduct of universities offering courses related to law necessary for the registration of advocates.
· Every state is required to have its own State Bar Council under the supervision of the Bar Council of India.
· State Bar Councils have the same responsibilities as the Bar Council of India but can only exercise such responsibilities and powers in their state of jurisdiction.
Functions of State Bar Councils
· Section 6 of the Act provides the functions of the State Bar Councils:
· Admit advocates on a roll.
· Prepare and maintain the roll.
· Determine cases of misconduct against advocates on a roll.
· Promote the growth of bar associations.
· Safeguard the rights, interests and privileges of advocates.
· Support and promote the reformation of law.
· Conduct seminars, organise talks on legal topics by famous and eminent jurists and publish papers and journals in the legal area.
· Organise legal aid.
· Manage and invest funds of the council.
· Visit and inspect universities.
· Organise legal aid to help the poor.
· Conduct elections of its members.
· Organise funds for providing financial assistance for welfare schemes for indigent, disabled or other advocates, provide legal aid and establish law libraries.
· The State Bar Councils can also receive gifts, donations and grants in this regard, which will be credited to their appropriate funds.
Composition of the council
Section 4 provides that the Bar Council of India will consist of:
· Attorney General of India.
· Solicitor General of India.
· One member of each State Bar Council is elected among its members.
· Chairman and vice-chairman to be elected by the council.
Functions of the Bar Council of India
Section 7 provides the functions of BCI:
· To provide standards of professional conduct and etiquette for advocates.
· To provide the procedure for its disciplinary committee and that of each State Bar Council.
· Safeguard rights, interests and privileges of advocates.
· Support and promote the reformation of law.
· To deal with and dispose of matters arising under the Act.
· Exercise control and supervision over the State Bar Council.
· Promote legal education and provide standards for the same to the universities and State Bar Councils.
· Recognised universities providing degrees for the qualification and enrolment of advocates.
· Visit and inspect universities.
· Conduct seminars.
· Publish journals on legal topics.
· Organise legal aid.
· Recognise foreign qualifications for admission as advocates.
· Manage and invest funds of BCI.
· Election of members.
· Constitute funds for providing financial assistance to organise welfare schemes for the indigent, disabled and other advocates, organising legal aid and establishing law libraries.
Powers of the Bar Council of India under the Act
According to Section 15 of the Act, the Bar Council of India can make rules regarding:
· Election of members of the council by secret ballot, along with conditions to be imposed to decide who can exercise the right to vote.
· Preparation and revision of electoral rolls and manners of publishing the results.
· Manner of election of chairman and vice-chairman of the Bar.
· Manner in which the disputes regarding the election of chairman and vice-chairman are decided.
· Filling of casual vacancies in the council.
· Powers and duties of chairman and vice-chairman of the council.
· Constitution of the funds of the Council in order to provide financial assistance or legal aid.
· Organise legal aid and advice for the poor and constitution of various committees in this regard.
· Summoning and conducting meetings.
· Functions of various committees of the council and their constitution.
· Qualifications for the post of secretary, accountant and other employees of the bar.
· Maintaining account books.
· Appointment of auditors and audit of the accounts.
· Management of the funds of the council.
Composition of the council
Section 4 provides that the Bar Council of India will consist of:
· Attorney General of India.
· Solicitor General of India.
· One member of each State Bar Council is elected among its members.
· Chairman and vice-chairman to be elected by the council.