All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
39.

Who has the authority to prescribed qualifications and disqualifications 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

The answer is: B

Explanation

The correct option is B: Bar Council of India. 

The reason is that Section 49 of the Advocates Act, 1961 empowers the Bar Council of India to make rules for discharging its functions under the Act, and in particular, such rules may prescribe the qualifications or disqualifications of voters and members of State Bar Councilsā“. The Bar Council of India is the apex body of the legal profession in India, and has the authority to regulate the standards of legal education, professional conduct and ethics of advocates. The State Bar Councils are subordinate to the Bar Council of India, and have to follow the rules made by it. 

The Supreme Court of India and the Supreme Court Bar Association do not have the authority to prescribe qualifications and disqualifications for membership of a Bar Council, as they are not concerned with the regulation of the legal profession at the national level. The State Bar Councils have some autonomy in enrolling advocates and conducting elections, but they have to abide by the rules and guidelines issued by the Bar Council of India.