Question

Who has the authority to prescribed qualifications for membership of a Bar Council?

• A. State Bar Councils
• B. Bar Council of India
• C. Supreme Court of India
• D. Supreme Court Bar Association

Hint:

Remember the hierarchy: The Bar Council of India (BCI) is the national-level regulatory body that sets the rules and standards for the legal profession and education. State Bar Councils are the state-level bodies that implement these rules and manage the rolls of advocates.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks which body is responsible for setting the qualifications for enrollment as an advocate in India. This is governed by the Advocates Act, 1961.
Step 2: Detailed Explanation:
The Advocates Act, 1961, is the primary legislation that governs the legal profession in India. It established the Bar Council of India (BCI) as the apex body and State Bar Councils for each state.
- Section 24 of the Act lays down the basic qualifications for a person to be admitted as an advocate on a state roll. - Section 49 of the Act grants the Bar Council of India the power to make rules for discharging its functions under the Act. Specifically, Section 49(1)(ag) empowers the BCI to make rules prescribing the class or category of persons entitled to be enrolled as advocates. - Furthermore, Section 7 of the Act lists the functions of the BCI, which include promoting legal education and laying down standards of such education in consultation with Universities and State Bar Councils.
While State Bar Councils handle the process of enrollment, the power to prescribe the standards and qualifications for that enrollment rests with the Bar Council of India.
Step 3: Final Answer:
The Bar Council of India (BCI) is the authority empowered by the Advocates Act, 1961, to prescribe the qualifications for enrollment as an advocate. Therefore, option (B) is the correct answer.