ABOUT VARIOUS ASSOCIATIONS & BODIES
The structure and linkages between the various professional bodies of High Court lawyers is confusing to many. This page attempts to briefly explain the different jurisdictions and constitutions of these diverse associations.
ASSOCIATIONS
THE BAR COUNCIL OF INDIA
The Bar Council of India is the apex registering and licensing authority in India. It controls and governs the working of all immediately subsidiary state-level bar councils. It is a statutory body constituted under the Advocates Act, 1961. You may want to see the BCI Rules.
THE BAR COUNCIL OF MAHARASHTRA AND GOA
The Bar Council of Maharashtra and Goa is the licensing and registering authority for advocates in the State of Maharashtra and the State of Goa. No person can practice the profession of law in Maharashtra and Goa unless he is enrolled by the BCMG. The enrolment license is called a sanad. However, enrolment at this level does not restrict practitioners to courts in Maharashtra and Goa alone. An advocate on the rolls of the Bar Council of Maharashtra & Goa can practice anywhere in the country, without additional enrolment, and in the Supreme Court of India.
THE BOMBAY BAR ASSOCIATION
The Bombay Bar Association is an association of lawyers practicing on the Original Side of the High Court. Practitioners on the Appellate Side have their own association. More about the Original and Appellate Sides.
OF GREEN PAPER, RED TAPE AND GOLD MOHURS
The dual system is charmingly quirky in many ways. Briefs are delivered wrapped in green paper, tied with a red string and folded lengthwise down the middle. Counsel continue to mark their fees in ‘guineas’ or gold mohurs (Gms), another legacy of the Raj. The exchange rate of the guinea still is Rs.15 to the guinea. There is no proposal to float the guinea since it has always been freely convertible at a fixed rate. The rate is not an issue either. Counsel just mark more guineas.
Abolished in the late-seventies (though proposed since the 1930’s or 1940’s), the ‘dual’ system, as it was called, drew a distinction between two types of Original Side practice. Counsel appeared in courts, drafted pleadings, researched law and gave advice in conference. They were briefed to do so by Solicitors or Attorneys. Counsel were roughly equivalent to barristers in England.
After Independence, the system continued to be followed in Bombay, Calcutta, Madras and, to some extent, in Delhi. Typically, Attorneys work in firms, though many are sole proprietorships. They interface with clients, whereas counsel do not. Also, attorneys file their appearance (or vakalatnamas) in court and it is their name or their firm’s name that shows up on the daily cause lists.
While the dual system was in vogue, attorneys or solicitors were not permitted to address the court. They had to brief counsel. After the abolition of the dual system, attorneys can — and do — appear in court themselves. In theory abolished, the system continues in a reduced fashion even today, being widely regarded as a reasonably efficient division of labour.
THE BOMBAY INCORPORATED LAW SOCIETY
Closely linked to the Bombay Bar Association is the Bombay Incorporated Law Society. This is an association—again, not statutory, but like a guild—of advocates who, while on the rolls of the Bar Council (they would have to be, didn’t you get it?), choose to practice as Solicitors or Attorneys. This ‘dual system’ is really a legacy from the British period, and not one that has any sanctity in law any longer (see box).
The Bombay Incorporated Law Society continues to conduct an examination for those who want to qualify as solicitors. The examination is very difficult. No one can style himself as a solicitor unless he has passed this examination and been admitted to the Law Society as a solicitor.
THE ADVOCATES’ ASSOCIATION OF WESTERN INDIA
This is an association of lawyers practicing on the Appellate Side of the High Court. In numbers it is much larger than the the Bombay Bar Association and functions out of independent premises. The AAWI has its own rules and constitution and is a wholly independent association. More about the Original and Appellate Sides.
ORIGINAL & APPELLATE SIDES
The ‘sides’ really means the different types of jurisdiction exercised by the High Court. On the Original Side, the Bombay High Court can try original cases, i.e., cases filed directly in the High Court itself and not coming up in appeal from the lower judiciary. The Bombay High Court is a ‘Chartered High Court’ and derives its inherent jurisdiction from the Letters Patent, a charter signed by Queen Victoria. On the Appellate Side, the High Court hears appeals and matters coming up from the lower courts throughout the states of Maharashtra and Goa. Received wisdom has it that there is a traditional rivalry between the original and appellate sides and their respective associations. We at the Bombay Bar Association do not subscribe to this theory; our recent experience has been to the contrary. We believe that the larger public interest demands cooperation and amity between all High Court associations.
WHAT IT ALL MEANS
Essentially, that everyone with a law degree and on the rolls of the Bar Council is an Advocate. He may, in addition, be a Solicitor (or he may not). He may practice on the Original Side or the Appellate Side. Or both. Or neither, and may practice in any one of the lower courts. He may be a direct practitioner, which means that he does the work of a solicitor and appears in court. Or he may … well, you get the general drift.
WHOM TO CONTACT AND FOR WHAT
All this can be pretty confusing and it’s no wonder that we get inundated by email and enquiries that are, really, meant for one of the other bodies. Here’s our homegrown guide.
| If you want to know if your foreign degree is recognized for practice and enrolment | The Bar Council of Maharashtra & Goa |
| If you are outside Maharashtra, are relocating to Maharashtra and want your license transferred from your home state to Maharashtra | The Bar Council of Maharashtra & Goa |
| If you have a complaint against a lawyer. | The Bar Council of Maharashtra & Goa |
| If you have an enrolment license, practice in the Bombay High Court and want to join the Bombay Bar Association | The Honorary Secretary of the Bombay Bar Association. |
| If you want placement with a firm of attorneys or solicitors | The Bombay Incorporated Law Society |
| If you want to contact a lawyer on the appellate side, or join the Advocates Association of Western India. | The Advocates Association of Western India |
Others say
Respected Sir, I completed LL.B. in 2006 at Ahmedabad of Gujarat. I am really interested to know the procedure for applying for solicitors exam and what is quilification is require and when it is conducted. I am really interested to go for solicitor qualifying exam. Please let me know the procedur for it. I will be thankful of yours. I am egarly waiting for your responce. Thanks, Vijay Chaugule
is it necessary to practice for 2 years in a senior lawyers and any amount specified by the bar council for junior advocate during this period.
Bar counsil of maharashtra and pune is having very important history. It’s a great ! or not important
Respected Sir,I have done L.LB. FROM RAJASHTHAN.now i want to regestrar in mumbai bar council.plz sugest me what should i do.& I interested also know about socilitor exam.
Respected Sir, Kindly provide me with the detailed information regarding the procedure and eligibility criteria for applying for Solicitor Exams to become a Solicitor and its benefits.
I want to know about the solicitor exam , when it is conducted?
Respected Sir, I am interested to know the procedure for applying for solicitors exam. I am really interested to go for solicitor qualifying exam. Please let me know the procedur for it. I will be thankful of yours. I am egarly waiting for your responce. Thanks,
Respected Sir, Presently I am studying in third year of 5 year law degree from CHM college. I am really interested to know the procedure for applying for solicitors exam. I am really interested to go for solicitor qualifying exam. Please let me know the procedur for it. I will be thankful of yours. I am egarly waiting for your responce. Thanks, Manoj Dekate
This is a good website in the modern world website is ver important tool, all the leading professional institutes / Bar councils have invested in their websites and inturn website provides vital infomation required for providing quality service to the clients of the memebrs
I have taken sanad after retirement recenly. In my service I was required to visit courts with Advocates to assist them to represent my employers. This gave me a fare ideal of legal procedures and confidence.I am now offering my service to the clients in form of legal advise and would like to restrict my work to this advisory work only . My question is that am I required to go to court or I can continue with my consultancy ?
You need to get in touch with a solicitor or a firm of solicitors. There’s no centralized registration for articleship.
Hi everybody,
I am an Advocate and I wish to become a Solicitor. Would be kind if anybody could tell me whom should I contact in order to register for the articleship.
I have responsibilities, so I will have to keep looking after my clients along side my articleship and exams. Is it feasible to practice along side the articleship?
Do let me know on the aforesaid.
Thanks n regards,
Devendra devendra.tripathi@hotmail.com
Hi everybody,
I am an Advocate and I wish to become a Solicitor. Would be kind if anybody could tell me whom should I contact in order to register for the articleship.
I have responsibilities, so I will have to keep looking after my clients along side my articleship and exams. Is it feasible to practice along side the articleship?
Do let me know on the aforesaid.
Thanks n regards,
Devendra devendra.tripathi@hotmail.com
I have passed my three year law 1986 in ILS law colleage Pune(eligible qualification for Sanad). I am now USA Citizen and would like to come back and practice in patent, trade mark and intelectual property area. I am also eligible for duel citizenship.
Indian citizen is requirment for Application for Sanad. Does that includes dual citizenship or what other options available to me to practice in law field.
I represent a trust and we have an advocate uho is trying to legally terrorise the trust by filing false case upon case none of which he wins but is harassing the trust in ordrer to force the trust to pay him some thing in order that he may stop filing frivolious cases against the trust . What would be the right foroum fo approach to stop a rouge advocate and steps can the trust take to protect its self from such kind of blackmail from unscourplous advocates.
i dont want to practise in court. i want 2 apply for tax practitioner. So, is it necessary to enrol for sanad?
Mr Varma. Small point. This isn’t the Bar Council (or even the ‘counsil’) of either Maharashtra or Goa. This is the Bombay Bar Association which, as this page sets out with admirable clarity, is an altogether Different Thing.
Bar counsil of maharashtra and goa is having very important history. It’s a great !
Safruna, the answer to your question is yes. There’s no restriction.
Alok, good point, we’ll see what we can do.
Avnit, the Association is only for those who want to practice law. If you’re going to be working with a bank, and are not a full-time practitioner, you cannot take membership of this Association.
Hope this helps.
Sir, I have five year LLB degree. I am likely to joun a private bank. My question is can I enroll myself in Bar Association and and join the bank?
This is a very good portal/site.However without clients the advocates or the bar will loose its purpose of existance.Hence a page or two for litigants, a online forum for them, and occassional training programme / awreness programme will go a long way.
can we practise from both the sidieds simultaniously
You don’t need to be a member of EITHER association to practice. You only need a sanad from the Bar Council. Membership of both associations is entirely voluntary, and at the discretion of the Standing Committee of each Association. Membership only gives you a warm, fuzzy feeling, not a practice.
i am a student of law doin the 5 year course from GOVERMENT LAW COLLEGE and i would like to know that if i wanna pratice from both the side ie the original and the appeleant side do i need to be a part 2 associations or can i just be a part of the bombay bar association.?
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