Nepal Bar Council (Nepali: नेपाल कानून व्यवसायी परिषद्) is an independent legal institution established by the Nepal Bar Council Act, 1993.
The main objectives of the Nepal Bar Council are to promote, protect and regulate the activities of law practitioners in a more professional manner.
Nepal Bar Council conducts examinations for issuing the license for law practicing and keeps records of all the registered law practitioners.
Table of Contents
- Nepal Bar Council: Formation
- Functions, Powers, and Duties of Nepal Bar Council
- Disciplinary Committee
- Examination of Legal Practitioners
- Registration as a Legal Practitioners
- Inventory of the Legal Practitioners
- Title of Senior Advocate
- Special Privilege of a Legal Practitioner
- Nepal Bar Council Office
Nepal Bar Council: Formation
Nepal Bar Council shall have the following Councilors:
- The Attorney General of Nepal
- President, Nepal Bar Association
- Registrar, Supreme court of Nepal
- Dean, Institute of Law, Tribhuvan University
- Senior Advocates/Advocates elected from among the Legal Practitioners of the Five Development Region of Nepal by an electoral college, one representing each Region, and
- Two Senior Advocates or Advocates nominated by Nepal Bar Association.
Functions, Powers, and Duties of Nepal Bar Council
The functions, duties, and powers of the Nepal Bar Council shall be as follows:
- To take examinations of the persons entering into the Legal Profession
- To make procedural provisions regarding the registration of names of Legal Practitioners
- To register a person who is qualified as a Legal Practitioner
- To monitor whether the Legal Practitioners are working in accordance with the prescribed professional code of conduct or not
- To entertain a complaint about the work carried out by a Legal Practitioner against the professional code of conduct and send it to the disciplinary committee for action
- To determine a procedure for the disciplinary committee and other committees
- To file a case against the person who violates the provision of this Act
- To protect the prestige, dignity, security, rights, welfare, and facilities of Legal Practitioners
- To recommend proper educational standards for the legal profession in consultation with the university to increase the standard of legal education
- To appoint necessary staff and make provisions for their remuneration and facilities
- To make provisions for necessary training to maintain the legal profession prestigious by providing practical experience to the Legal Practitioners
- To make provision for education, discussion, seminars, workshops and talk programs, etc. to promote the right and welfare of Legal Practitioners and manage for publication
- To arrange for the funds of the Council
- To carry out other works as mentioned in this Act, and
- To carry out other functions necessary to meet the objectives of this Act.
The Nepal Bar Council may form a Disciplinary Committee on the Chairpersonship of a Councilor to examine and take action on any complaint or information received to the Council against any Legal Practitioner who violates this Act or Rules framed thereunder or the code of conduct.
The Disciplinary Committee shall have equal powers as to the Court regarding issuing summons and examinations of evidence. The Disciplinary Committee may issue a decision to be done as follows if a Legal Practitioner is found guilty:
- To reprimand
- To suspend from practicing law for a specific period of time, and
- To cancel the license of the Legal Practitioner.
Examination of Legal Practitioners
The Council shall carry out a Legal Practitioner examination at least once a year. Such an examination shall be written and oral and the marks for the oral test shall not be more than Ten percent of the total marks.
Related: Nepal Bar Council Result 2078
Registration as a Legal Practitioners
A Nepali Citizen with the following qualifications having passed the Legal Practitioner examination and who is not convicted of any criminal offense inflicting moral turpitude shall only be registered as a Legal Practitioner.
- A person who has worked for at least five years after having a certificate of Bachelor’s Degree in Law as a judge, government advocate, or as Gazetted Officer in the Legal Service or as a teacher of Law, or
- A person who has practiced as a Pleader (Abhivakta) for Seven years and has a Bachelor’s Degree in Law, or
- A person who has practiced as a Pleader for Fifteen years, or
- A person having Bachelor’s Degree in Law.
Inventory of the Legal Practitioners
The Nepal Bar Council shall maintain an up-to-date inventory of the person who received the license.
If a Legal Practitioner is dead or if he/she submits an application to remove his/her name from the inventory or if a decision is made to cancel the license of a Legal Practitioner after being taken disciplinary action, the name of such legal practitioner shall be removed from the inventory and the information for the same shall be forwarded to the Supreme Court.
If the Council decides to suspend the license of any Legal Practitioner after taking an action on the grounds of discipline, such detail shall be recorded in the inventory.
Title of Senior Advocate
If the Supreme Court finds that an advocate has helped the courts and Society by practicing as a Legal Practitioner in the Supreme Court or Court of Appeal for at least Fifteen years, it may confer the title of Senior Advocate to such a Legal Practitioner as an honor and such a Senior Advocate shall have to maintain good conducts as prescribed.
The Supreme Court shall take the consent of the Advocate while conferring him/her the title of a Senior Advocate.
Special Privilege of a Legal Practitioner
No Legal Practitioner shall be arrested in a civil case concerning any claimed amount or penalty when he/she is on the way to present, plead and argue in a case on behalf of a party to the case.
No petition may be filed against a Legal Practitioner on slander on the basis of what he/she has said during the course of an argument.
Nepal Bar Council Office
Who is the current Chairman of the Nepal Bar Council?
Mr. Khamma Bahadur Khati is the current chairman of the Nepal Bar Council.
Who is the current Secretary of the Nepal Bar Council?
Ms. Mona Singh is the current secretary of the Nepal Bar Council.
When was Nepal Bar Council Established?
Nepal Bar Council was established in 1993 by the Nepal Bar Council Act.