Question

Which of the following committees cannot be constituted by the State Bar Council

• A. Special Committee
• B. Disciplinary Committee
• C. Legal Aid Committee
• D. Legal Education Committee

Hint:

Associate functions with the correct body: Disciplinary action and enrollment are primary State Bar Council functions. Setting standards for legal education and professional conduct are primary Bar Council of India functions. The Legal Education Committee is linked to the BCI's national standard-setting role.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to identify which committee among the given options is not constituted by a State Bar Council, but by another body, under the Advocates Act, 1961.
Step 2: Detailed Explanation:
Let's examine the committees in relation to the Advocates Act:
- Disciplinary Committee: Section 9 of the Act mandates that a State Bar Council shall constitute one or more disciplinary committees. This is a primary function.
- Legal Aid Committee: Section 9A allows a State Bar Council to constitute one or more legal aid committees.
- Special Committee: Section 8A deals with the constitution of Special Committees in certain cases where a State Bar Council fails to conduct elections.
- Legal Education Committee: Section 10(2)(b) of the Act states that the Bar Council of India shall constitute a Legal Education Committee. One of the main functions of the Bar Council of India, under Section 7(1)(h), is to promote legal education and to lay down standards of such education. The Legal Education Committee is the primary body through which the BCI performs this function at a national level. While State Bar Councils are involved in legal education, the formal "Legal Education Committee" is a statutory committee of the BCI.
Step 3: Final Answer:
The Disciplinary Committee and Legal Aid Committee are constituted by State Bar Councils. The Legal Education Committee, however, is a statutory committee of the Bar Council of India. Therefore, it is the committee that cannot be constituted by a State Bar Council. Option (D) is correct.