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Wednesday, 2 December 2020

Bangladesh Bar Council

 





Bangladesh Bar Council is a statutory autonomous body for law practitioners established in 1972 under the Bangladesh Legal Practitioners and Bar Council Order.It acts as the licensing body and regulatory body for lawyers in Bangladesh. It is also known as the lawyer making factory.





Activities 





A Bar Council Tribunal was established to investigate and prosecute allegations against lawyers. In 2019, there were five such tribunals. A tribunal may reprimand or suspend a lawyer or remove him from practice. It has heard 38 complaints against lawyers from 2014 to 2016. Nine lawyers have lost their licenses permanently and six have been suspended for a limited time.





Committee 





The Bar Council has several standing committees. In the meantime





  1. Executive Committee - In charge of administration.
  2. Examination Management and Registration Committee - Accepts examinations to enroll lawyers.
  3. Finance Committee - In charge of controlling and managing the funds of the Council.
  4. Legal Education Committee - Determines the quality of legal education for lawyers.
  5. Other Committees - Committees made up of members of the Bar Council to conduct programs at different times.





History 





The Bangladesh Bar Council was formed in 1972 by order of the President. It has 15 members. The term of each committee is 3 years. Among these, the Attorney General of Bangladesh is ex-officio President of the Bar Council . Out of the remaining 14 members, 6 were elected from among the lawyers, while the remaining 6 were elected from each group, one from each of the members of the local bar associations divided into 8 groups. The members of the Bar Council elect a Vice-Chairman from among themselves. The Bar Council publishes a legal journal called 'Bangladesh Legal Decision'.





Prefabricated background





The Supreme Court, established in Calcutta in the Indian subcontinent in 184, is responsible for the registration and control of lawyers and state-appointed attorneys under Section 11 of the Letters Patent. According to Regulation No. 6 of 1893, the Supreme Court was responsible for the registration and control of lawyers engaged in the legal profession in the Sadar Civil Court and in the subordinate company courts.  





In 182, the Sadar Civil Court and the Sadar Nizamat Court were abolished and the Jajiyati High Court was established at Fort William, Calcutta. The High Court later had the power to register and control its lawyers, attorneys (supreme law enforcers appointed by the state), lawyers, counselors and attorneys. Most lawyers at the time were barristers with degrees from England and Ireland, or members of the Scottish Faculty of Advocates. 





As per the instructions of the Attorney Generals, the lawyers could advocate in the Calcutta High Court, including appearing in the Appellate Division and other subordinate courts of that court. However, the native lawyers did not have the right to work in the main division of the High Court except in the lower courts. Hence the strong demand for the formation of an all-India bar in the subcontinent and for the distinction between advocates and lawyers. In response to this demand, the Indian Bar Committee was formed in 1923. It was presided over by Sir Edward Chamier . The committee submitted its report in 1924 and enacted the Indian Bar Council Act 1926. 





According to the Bar Council Act of India, for the first time, the rules for forming a Bar Council as a joint body were introduced in each High Court. Each of these 15-member councils had an Advocate General, 4 members nominated by the High Court and 10 members of the High Court Advocates elected from among themselves.





The Bar Council was then tasked with making rules for the registration of lawyers and their control, subject to the permission of the High Court. However, the Bar Council did not have the power to reduce the number of lawyers if the High Court objected. Under this Act, the Calcutta High Court used to determine the eligibility of applicants interested in the legal profession in the main division of the High Court and their acceptance or rejection and under what conditions or circumstances they would be able to practice law under that court.





















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