Bar Council of Kerala is the regulatory and statutorily representative body for lawyers practicing law in the state of Kerala. It was constituted as per the mandatory requirement as per Advocates Act, 1961 and Bar Council of India. 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 lawyers practicing law in the state of Kerala and they represent the state in Bar Council of India meetings. Bar Council of a place designs standards of professional conduct to be followed by members, and designs etiquettes and has the power to enforce disciplinary guidelines over the members of bar council.
| Statutory body overview | |
|---|---|
| Formed | 1961 |
| Headquarters | High Ct Rd, Kochi, Kerala |
| Statutory body executive |
|
| Website | http://www.barcouncilkerala.org/ |
History
editThe Kerala 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 the All India Bar Council. The Law Commission of India was suggested to prepare a report on judicial administration reforms in India.
In July 2021, the state Bar Council along with Bar Councils of other Southern states of India had requested the Vice-president Mr Venkaiah Naidu and Supreme Court Chief Justice Hon. N. V. Ramana for the setting up of separate bench for Southern India.[2][3]
Functions
editSection 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:[4]
- 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 advocates who are its members.
- Lay down guidelines for disciplinary committees and other committees formed by it.
- Supporting with financial aid in case of need.[5][6][7]
- Designing, promoting and supporting law reform as per changing circumstances.[8]
- Handle and resolve other issues or any matter placed before it by its members in ad hoc situations.
- Design and organise seminars on wide legal topics in the interest of members by reputed jurists and publishing them in journals and magazines of legal circles and other sources of media.
- Facilitating legal aid 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.[9]
- Designing welfare schemes like Insurance for its members.
- 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.[10]
- Enrolling newly qualified lawyers into council.[11][12]
Constitution
editThe council elects its own chairman and vice-chairman for a period of two 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 Kerala Bar Council in the year 2021.
Enrollment of advocates
editGraduates having a law degree from recognised universities permitted to impart legal education are admitted as advocates in The Kerala Bar Council.[13] Law graduates can enroll online for Kerala Bar Council.[14][11] 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, they are certified by the Bar Council of India and issued 'Certificate of Enrolment', which facilitates them 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.
Past Chairmen
editBelow are the past Chairmen of the Kerala Bar Council:
| Index | Name | Holding charge from | Holding charge to |
|---|---|---|---|
| 1 | K.K Mathew | 02.12.1961 | 02.06.1962 |
| 2 | V.P. Gopalan Nambiar | 01.01.1963 | 27.03.1965 |
| 3 | T.S. Krishna Moorthy | 28.03.1965 | 29.10.1965 |
| 4 | Dr. V.A. Sail Mohammad | 30.10.1965 | 08.09.1967 |
| 5 | P.Subramanian Potti | 09.09.1967 | 18.07.1969 |
| 6 | M.M. Abdul Khader | 19.07.1969 | 08.06.1979 |
| 7 | C.K. Sivasankara Panicker | 09.06.1979 | 20.02.1980 |
| 8 | K. Sudhakaran | 21.02.1980 | 07.01.1982 |
| 9 | V. Bhaskaran Nambiar | 08.01.1982 | 09.09.1983 |
| 10 | M.K. Vasudeva Kurup | 10.09.1983 | 31.05.1986 |
| 11 | M.M. Abdul Aziz | 01.06.1986 | 30.03.1990 |
| 12 | K.M.C. Kurup | 31.03.1990 | 01.03.1992 |
| 13 | M.M. Abdul Aziz | 01.03.1992 | 18.09.1993 |
| 14 | M.K. Vasudeva Kurup | 19.09.1993 | 17.02.1996 |
| 15 | K.M.C. Kurup | 18.02.1996 | 15.06.1997 |
| 16 | Thomas Mathew | 15.06.1997 | 28.02.1999 |
| 17 | S. Gopakumaran Nair | 28.02.1999 | 03.04.1999 |
| 18 | M.K. Damodaran | 03.04.1999 | 04.06.2000 |
| 19 | S. Gopakumaran Nair | 04.06.2000 | 12.04.2003 |
| 20 | Vinod Singh Cherian (Acting) | 12.04.2003 | 29.06.2003 |
| 21 | K.B. Mohandas | 29.06.2003 | 26.11.2005 |
| 22 | P.G. Thampi | 27.11.2005 | 19.10.2008 |
| 23 | Vinod Singh Cherian | 19.10.2008 | 29.08.2010 |
| 24 | K. Jayarajan | 29.08.2010 | 10.05.2011 |
| 25 | Sreedharan Nair C | 11.05.2011 | 13.04.2014 |
| 26 | T.H Abdul Azeez | 13.04.2014 | 15.02.2015 |
| 27 | Joseph John | 15.02.2015 | 28.08.2016 |
| 28 | E Shanavas Khan from 28 to 08–2016 to 10–10–2016 | 28.08.2016 | 10.10.2016 |
| 29 | C.P Sudharakara Prasad | 11.10.2016 |
Important Actions
edit1. In 2020, Bar Council of Kerala for the first time organised on-line enrollment procedure for newly passed out lawyers in which around 810 members participated through video conferencing which was web-based.[11]
See also
editReferences
edit- ^ "Home : Bar Council of Kerala >> The Bar Council of Kerala is the professional body for Lawyers in Kerala". www.barcouncilkerala.org. Retrieved 25 September 2021.
- ^ "Plea to set up SC bench in south". The Hindu. 26 July 2021. Retrieved 3 September 2021.
- ^ Mutha, Sagar Kumar (25 January 2021). "Bar councils of five states call for an SC bench in south India". The Times of India. Retrieved 3 September 2021.
- ^ "Welcome to Bar Council of India". Retrieved 24 September 2021.
- ^ Varghese, Hannah M. (28 June 2021). "'Total Restriction On Lawyers' Free Speech': Plea In Kerala HC Challenges New Bar Council Rules Which Make Criticism Of Its Decisions Ground For Disqualification". www.livelaw.in. Retrieved 25 November 2021.
- ^ Pratap, Giti (28 June 2021). "Kerala Bar Council member moves Kerala High Court challenging new BCI rules for violating right to free speech and expression of lawyers". Bar and Bench. Retrieved 25 November 2021.
- ^ Thomas, Lydia Suzanne (2 October 2020). "Bar Council of Kerala decides to boycott upcoming e-Lok Adalat organised by Kerala Legal Services Authority [Read Letter]". Bar and Bench. Retrieved 25 November 2021.
- ^ "Bar Council of Kerala, Kerala High Court Advocates Association oppose Electronic Filing Rules; to refrain from e-filing tomorrow". Bar and Bench. 16 May 2021. Retrieved 25 November 2021.
- ^ Emmanuel, Meera (15 March 2018). "Petition in Kerala HC alleges gross misappropriation of funds by Bar Council of Kerala". Bar and Bench. Retrieved 25 November 2021.
- ^ "Kerala Bar Council to act against lawyer over FB post against cop Anie Siva". The News Minute. 18 July 2021. Retrieved 26 September 2021.
- ^ a b c "Bar Council of Kerala organises first-ever online enrolment". The New Indian Express. 28 June 2020. Retrieved 25 September 2021.
- ^ Emmanuel, Meera (18 May 2020). "Should enrolments be conducted via video conferencing amid COVID-19 Lockdown? Kerala HC seeks Kerala Bar Council's response". Bar and Bench. Retrieved 25 November 2021.
- ^ "Any procedure in place for online enrollment of law grads, Delhi HC asks Bar Council of Delhi". Hindustan Times. 4 December 2020. Retrieved 3 September 2021.
- ^ "First Online Enrolment Ceremony: Kerala Bar Council to conduct Ceremony on June 27 [Read Notification]". Bar and Bench. 14 June 2020. Retrieved 25 November 2021.