The Bangladesh
Bar Council:
The Bangladesh
Bar Council is a Statutory Autonomous Body constituted under the Bangladesh
Legal Practitioners and Bar Council Order, 1972 (President’s Order No. 46 of
1972). It consists of 15 (fifteen) Members of whom the Attorney – General for Bangladesh
is one and is the Chairman ex-officio. Others are elected by Advocates for a
term of 3 (three) years from amongst themselves, of whom seven from General
Seats and seven from seven Zonal or Group Seats. The elected members, in their
first meeting, elects from amongst themselves a vice-chairman and different
standing Committees, viz- Executive Committee, Finance Committee, Legal
Education Committee, Enrolment Committee, etc.
The Enrolment Committee consists of the following members:-
ü
A Chairman to be nominated by the Chief Justice
from amongst the Judges of the Appellate Division;
ü
one member to be nominated by the Chief Justice
from amongst the Judges of the High Court Division;
ü
Attorney – General for Bangladesh;
ü
Two members elected by the Bar Council from
amongst its members.
Functions of the Bar Council:
The main functions of the Bar Council are –
Ø
to admit persons as Advocates on its roll and to
hold examinations for the purposes of admission
Ø
to entertain and determine cases of misconduct
against Advocates and to order punishment in such cases
Ø
to lay down standard of professional conduct and
etiquette for Advocates
Ø
To promote legal education and to lay down
standard of such education in consultation with the Universities in Bangladesh
imparting such education, etc.
Canons of Professional Conduct& Etiquette:
In the preamble
of the Canons of Professional Conduct& Etiquette “Advocates” are expected
to be- “men learned in the law and respected as models of integrity, imbued
with the spirit of public service and dedicated to the task of upholding the
rule of law and defending at all times, without fear or favour, the rights of
citizens. Therefore, an Advocate should be a man of integrity and dignity.
Right to practice: -
Subject to the
provisions of Bar Council Order & Rules an Advocate shall be entitled, as
of right, to practice throughout Bangladesh,
and to appear, act and plead before any court, Tribunal or revenue authority in
Bangladesh.
[Art. 19(2)]
Membership of the Bar Council:
Enrolment as
Advocate does not mean the Membership of the Bar Council:-
When anybody’s
name is entered in the roll of the Bar Council he/ she will be known as a
Advocate but not as a Member of the Bar Council. Membership of the Bar Council
is quite different thing. This is an elected position. Advocates on the roll
elect from amongst themselves 14 persons as Members of the Bar Council for a
term of three years. The Government may, in some extraordinary situation,
nominate persons to act as Members of the Bar Council.
Bar Association:
Membership of a
Bar Association is mandatory:-
“No person shall
practice as an Advocate unless he is a member of a Bar Association of the place
at which he ordinarily practices. - [Rule- 06(1)]
Therefore, an
Advocate who is not a member of any recognized Bar Association is not entitled
to appear, act and plead before any Court, Tribunal or revenue authority Bangladesh.
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