Apart from judges, lawyers are the most important officers of the Court. Lawyers/ advocates/ barristers/ solicitors have been in existence since time immemorial. The legal profession and system, as it exists in India today was transplanted by the British in our vast and divergent country. The establishment of Courts in present day North Eastern States has a chequered history. It will suffice to mentions here that much before the acquisitions of territories of present day North Eastern States by East India Company the Regulating Act 1773 was passed by the British Parliament which established at Fort William a Supreme Court of judicature consisting of a Chief Justice and three other judges who were Barristers of not less than five years’ standing and were appointed by the Crown.
After 1861 different District Courts in the true sense started functioning in different parts of present day North Eastern States (of India) and a class of Legal Practitioners began their practice as Vakils, Pleaders or revenue agents in such courts. In the year 1879 the Legal Practitioners Act was passed to consolidate and amend the law relating to Legal Practitioners of India. In 1926 the Indian Bar Councils Act was passed for constitution and incorporation of Bar Councils and to consolidate and amend the law relating to legal practitioners entitled to practice in such Courts. With attainment of independence in 1947 it was deeply felt that the judicial Administration in India should be changed according to the needs of the time. Accordingly the Advocates Act, 1961 came into the stature book.
As per the Advocates Act, 1961, Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure compliance of the laws and to lay down the standard of legal education in the country. It is also authorized to make Rules in this regard and accordingly the Bar Council of India has already framed a set of Rules known as the Bar Council of India Rules. However, the State Bar Councils are the Apex Body of Lawyers in the States and one of the main functions is to grant right to practice by way of enrolment of the names in the roll and also to initiate disciplinary proceedings against advocates for misconduct and to regulate and maintain standards of professional conduct and etiquette. The Council can act on the complaints filed by parties and can also take cognizance of misconduct committed by advocates suo-moto. Its function is also to safeguard the rights, privileges and interests of the Advocates on its roll.
The election to the Bar Council takes place by a complex process i.e. single transferable vote wherein the electoral roll comprises of and includes the names of every single lawyer enrolled within the jurisdiction of this Council. The elected members are elected to the office for a term of 5 years. The elected as well as Ex-Officio Members elect the Chairman and Vice-Chairman and also elect its representative to the Bar Council India and also forms different Committees. The term of the Office of the Chairman and Vice-Chairman is normally two years whereas the term of the member nominated to the Bar Council of India and that of Committees is for a period of 5 years.
