Himachal Pradesh Bar Council is the regulatory and statutorily representative body for

lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...

practicing law in the state of

Himachal Pradesh Himachal Pradesh (; ; "Snow-laden Mountain Province") is a state in the northern part of India. Situated in the Western Himalayas, it is one of the thirteen mountain states and is characterized by an extreme landscape featuring several peaks ...

. It was constituted as per the mandatory requirement as per

Advocates Act, 1961 Legal practice in India is governed by the Advocates Act 1961; an act passed by the Indian Parliament which provides for laws relating to legal practitioners in India and to provide for the constitution of the Bar Council of India (BCI) and state ba ...

and

Bar Council of India The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents ...

. In March 1953, S. R. Das as head of the 'All India Bar Committee', proposed the creation of the apex body as an All-India Bar Council and Bar council at state levels and submitted a report to the Central Government of India. Members of the Bar Council are elected from among members enrolled and practicing as

practicing law in the state of

and they represent the state in Bar Council of India meetings. Bar Council of a place designs standards of

professional conduct Professional conduct is the field of regulation of members of professional bodies, either acting under statutory or contractual powers. Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal aut ...

to be followed by members, and designs

etiquette Etiquette () is the set of norms of personal behaviour in polite society, usually occurring in the form of an ethical code of the expected and accepted social behaviours that accord with the conventions and norms observed and practised by a ...

s and has the power to enforce disciplinary guidelines over the members of bar council.

History

The Himachal Pradesh Bar Council was formed as per the requirement of Section 3 of Advocates Act, 1961 which mandates for each state of India to have its Bar Council. As per the guidelines the legal profession in India and the standards of legal education would be regulated by All India Bar Council . The Law Commission of India was suggested to prepare a report on judicial administration reforms in India.

Functions

Section 7 of the Advocates Act, 1961 lays down the regulatory and representative requirements which are mandatory for State Bar Councils. Bar Councils of each place has following functions: #Facilitating the election with rules for members to get elected and manage the Bar Council. #Designing the professional behaviours and code to be followed by

advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...

s who are its members. #Lay down guidelines for disciplinary committees and other committees formed by it. #Supporting with financial aid in case of need. #Protecting the advocate members rights, benefits and safeguarding their interests. #Designing, promoting and supporting

law reform Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or law commissions, w ...

as per changing circumstances. #Handle and resolve other issues or any matter placed before it by its members in ad hoc situations. #Design and organise

seminar A seminar is a form of academic instruction, either at an academic institution or offered by a commercial or professional organization. It has the function of bringing together small groups for recurring meetings, focusing each time on some parti ...

s on wide legal topics in the interest of members by reputed

jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

s and publishing them in journals and magazines of legal circles and other sources of media. #Facilitating

legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...

to those who can't afford it. #Ensuring that guidelines laid in various legal forums are followed by members. #Initiating disciplinary action in case of professional misconduct. #Supporting members with emergency services during natural calamities. #Initiate disciplinary action in case the official premises is used for other than professional purpose. #Fixing Annual Fee for members for enrolling in Council which includes fees for enrollment and funds towards identity card, building, library, indigent and other welfare schemes. #Organising regular meeting with local associations enrolled with council. #Enrolling various bar associations in the state as its associate members. #Resolving disputes between members within timeframe. #Initiating disciplinary action against members for complying to its policies. #Enrolling new qualified members from Law exam into its enrolls.

Constitution

The council elects its own chairman and vice-chairman for a period of five 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. Voting rights in elections are available only for advocates having a Certificate of Practice. As per the Advocates Act, the bar council of the state should have 25 members in case the members on roll exceeds 10000 Mr. Ajay Kochar was elected as Chairman of Himachal Pradesh Bar Council in the year 2021 after passing away of previous chairman Mr. Ramakant Sharma due to COVID-19.

Enrollment of advocates

Graduates having a law degree from recognised universities permitted to impart legal education are admitted as advocates in The Himachal Pradesh Bar Council. Law graduates can enroll online for Himachal Pradesh Bar Council. State bar councils are empowered by Advocates Act, 1961 to frame rules according to their convenience for enrolling advocates in council. The enrollment committee formed by Councils will scrutinise a prospective member's application. Enrolled advocates of any bar council in-state are considered as eligible to write the All India Bar Examination conducted by the Bar Council of India. After clearing the exam, he is certified by Bar Council of India and issued 'the Certificate of Enrolment', which facilitates him to practice the profession of law in any High Court based in India and lower courts of the country, as an advocate. Advocates are required to qualify in the exam known as "Supreme Court Advocate on Record Examination" which is conducted by the Supreme Court exclusively to practice in the Supreme Court of Country.

Important actions

1. In August 2021, Bar Council of Himachal Pradesh in association with Himachal Pradesh High Court and Bar Association of Himachal Pradesh High Court had conducted a series of lectures on topic "Pursuit of Excellence" for its members. 2. In August 2021, Bar Council of Himachal Pradesh lost 16 members including its former members due to Covid.

References