Bangladesh Bar Council

Bangladesh Bar Council
source
Name	Bangladesh Bar Council
Formation	1972
Headquarters	Dhaka
Region served	Bangladesh
Leader title	Chairman
Leader name	Chief Justice of Bangladesh (ex officio)

Bangladesh Bar Council

The Bangladesh Bar Council is the statutory regulatory authority for legal practitioners in Dhaka and across Bangladesh. It was established to oversee enrollment, discipline, and professional conduct for advocates appearing before courts such as the Supreme Court of Bangladesh, and interacts with institutions like the Supreme Court Bar Association and the Bangladesh Bar Association. The Council functions within frameworks shaped by instruments like the Advocates Act and operates alongside bodies such as the Judicial Service Commission, University of Dhaka, and the Law Commission of Bangladesh.

History

The Council traces origins to the post-1971 reorganization of legal institutions after the Bangladesh Liberation War, following precedents set by the Legal Practitioners Act and influenced by earlier statutes from the British Raj and Pakistan period such as the Indian Bar Councils Act and the Pakistan Bar Councils Ordinance. Early meetings involved figures associated with the Awami League, Sheikh Mujibur Rahman, and legal luminaries linked to institutions like the Dhaka High Court Bar and the Calcutta High Court legacy. Over decades the Council engaged with entities including the Supreme Court of Bangladesh, the International Bar Association, the Commonwealth Lawyers Association, and the Asian Development Bank on rule of law, often paralleling reforms championed by bodies like the Law Commission of Bangladesh and the Judicial Service Commission.

Legal Status and Functions

Established by statutory enactment, the Council derives authority from national legislation resembling the Advocates Act model, defining powers similar to those exercised by bodies such as the Bar Council of India, the Pakistan Bar Council, and the Law Society of England and Wales. Its core functions involve enrollment processes comparable to those administered by the Bar Council of India, regulatory oversight echoing the Solicitors Regulation Authority, maintenance of conduct standards akin to the International Bar Association guidelines, and disciplinary jurisdiction overlapping with the role of the Supreme Court in matters like contempt as in cases before the Appellate Division of the Supreme Court. The Council interfaces with ministries including the Ministry of Law, Justice and Parliamentary Affairs and institutions like the Bangladesh Bar Association to implement policies affecting courts such as the High Court Division and Appellate Division.

Organization and Governance

Governance follows a representative model with elected members drawn from electorates of advocates who practice in venues like the Dhaka High Court Bar, Chittagong Bar Association, Rajshahi Bar Association, and Sylhet Bar Association. Leadership roles parallel structures seen in the Bar Council of India and the General Council of the Bar, with the Chief Justice of Bangladesh holding ex officio positions similar to chief justices’ roles in comparative systems. Committees mirror those in bodies like the Law Commission of India, the American Bar Association committees, and the European Bar Councils, covering education, ethics, disciplinary proceedings, and welfare. The Council operates administrative offices in Dhaka and liaises with universities such as the University of Dhaka, National University, and private law faculties like BRAC University and North South University for curriculum and accreditation matters.

Admission, Licensing and Disciplinary Procedures

Admission requirements reflect practices found in the Bar Council of India, requiring qualifications from institutions like the University of Dhaka Faculty of Law, Bangladesh Legal Aid and Services Trust (BLAST) training programs, or degrees from foreign universities such as the University of London External Programme and other common law faculties including Lincoln's Inn and Gray's Inn whose alumni are active in Bangladesh. Licensing procedures involve enrollment certificates, compliance with rules similar to those of the Law Society of Upper Canada, and examinations paralleled by bar exams in jurisdictions like India and Pakistan. Disciplinary mechanisms include inquiry committees, show-cause notices, and punishment ranging from reprimands to striking off rolls, functioning alongside judicial review by the High Court Division and Appellate Division in cases reminiscent of proceedings before the Supreme Court of Pakistan or the Supreme Court of India.

Relationship with Judiciary and Legal Education

The Council maintains formal and informal relations with the Supreme Court of Bangladesh, the High Court Division, the Appellate Division, and judicial institutions such as the Judicial Service Commission and district courts in venues like Chittagong, Rajshahi, and Khulna. It collaborates with academic institutions including the University of Dhaka, Bangladesh University of Professionals, and the International Centre for Migration Policy Development on continuing legal education, similar to partnerships seen between the American Bar Association and law schools like Yale Law School or Harvard Law School. Training initiatives echo models used by the Commonwealth Lawyers Association and the International Bar Association for professional development, clinical legal education, and access to justice programs supported by organizations such as UNDP and UNHCR.

Notable Actions and Controversies

The Council has been prominent in high-profile matters involving advocacy for judicial independence, strikes and boycotts affecting courts in response to events connected to political parties like the Awami League and the Bangladesh Nationalist Party, and disciplinary actions against advocates in cases attracting media attention from outlets covering Dhaka events and elections. Controversies have included disputes over enrollment of foreign-qualified lawyers from institutions like Lincoln's Inn, allegations of politicization similar to debates seen in the Bar Council of India, and legal challenges in the High Court Division regarding the scope of disciplinary authority, with litigants sometimes invoking precedents from the Supreme Court of India, the Supreme Court of Pakistan, and international human rights bodies.

Category:Legal organisations based in Bangladesh