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Bar Council of India PDF
Bar Council of India PDF
The Bar Council of India is a statutory body that regulates and represents the Indian bar. It
was created by Parliament under the Advocates Act, 1961. It prescribes standards
of professional conduct and etiquette and exercises disciplinary jurisdiction. It sets standards
for legal education and grants recognition to Universities whose degree in will serve as a
qualification for students to enrol themselves as advocates upon graduation.
The main objective intended was to control and govern the working of all immediate
subsidiary state-level bar councils besides laying down the standards of professional conduct
and etiquette.
It comes under the purview of Ministry of Law and Justice, Government of India and it is a
corporate body having perpetual succession and a common seal. The Bar Council of India has
constituted several committees such as the Education Committee, the Disciplinary
Committees, the Executive Committee, the Legal Aid Committee, the Advocates Welfare
Fund Committee, the Rules Committee and various other Committees formed to look after
the specific issues arising from time to time.
HISTORY
1950 - After the Constitution of India came into force on January 26, 1950, the Inter-
University Board at its annual meeting held in Madras, passed a resolution stressing the need
for an all-India bar and emphasising the desirability of having uniformly high standards for
law examinations in different Universities of the country in view of the fact that a Supreme
Court of India had been established.
In May 1950, the Madras Provincial Lawyers Conference held under the presidency of Shri
S. Varadachariar resolved that the Government of India should appoint a committee for the
purpose of evolving a scheme for an all-India Bar and amending the Indian Bar Councils Act
to bring it in conformity with the new Constitution.
At its meeting held on October 1, 1950, the Bar Council of Madras adopted that resolution.
1951
Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April 12,
1951, a comprehensive bill to amend the India Bar Councils Act.
The Government of India took the view that in the changed circumstances of independence, a
comprehensive Bill sponsored by the Government was necessary. In August 1951, the then
Minister of Law announced on the floor of the House that the Government of India was
considering a proposal to set up a Committee of Inquiry to go into the problem in detail. The
Committee was constituted and asked to examine and report on:
1. The desirability and feasibility of a completely unified Bar for the whole of India,
2. The continuance or abolition of the dual system of counsel and solicitor (or agent) which
obtains in the Supreme court and in the Bombay and Calcutta High Courts,
4. The desirability and feasibility of establishing a single Bar Council for (1) the whole of
India and (2) for each State,
6. The consolidation and revision of the various enactments (Central as well as State)
relating to legal practitioners, and
This All India Bar Committee was headed by the Hon’ble Shri S. R. Das, Judge, Supreme
Court of India. The Committee consisted of the following members:
1953
The All India Bar Committee submitted its detailed report on March 30, 1953. The report
contained the proposals for constituting a Bar Council for each state and an All-India Bar
Council at the national level as the apex body for regulating the legal profession as well as to
supervise the standard of legal education in India.
Meanwhile, the Law Commission of India had been assigned the job of preparing a report on
the reforms of judicial administration.
1961
To implement the recommendations of the All-India Bar Committee and taking into account
the Law Commission’s recommendations relating to the legal profession, a comprehensive
Advocates Bill was introduced in the Parliament which resulted in the the Advocates Act,
1961.
CONSTITUTION
The council has 18 members including the Attorney General of India and the Solicitor
General of India.
The Attorney General and the Solicitor General are the Ex-officio Members, while the
other 16 Members of the council represent the 16 State Bar Councils in the country.
The council is headed by a Chairman and Vice-Chairman, who are selected from
among the council members for two-year tenure.
The council members are elected for period of five years.
The current Chairman, Ashok Parija succeeded Gopal Subramaniam who laid down office
upon his resignation as Solicitor General of the country.
R. Dhanapal Raj
R. Dhanapal Raj, the Vice-Chairman of the Bar Council of India, enrolled in Tamil Nadu in
1978. He was first elected to the State Bar Council of Tamil Nadu in 1994 and to the Bar
Council of India in 2005, where he was Chairman of the Executive Committee till 2007.
Ashok Kumar Deb, the Managing Trustee of the Bar Council of India Trust, is the member
from the State Bar Council of West Bengal.
Milan Kumar Dey
Milan Kumar Dey, who is the Chairman of the Executive Committee, is the member from the
State Bar Council of Jharkhand. He enrolled as an advocate in 1990. He was elected member
of the Bar Council of Jharkhand and a member of the Bar Council of India in 2006.
Daulat Ram Sharma, the Associate Managing Trustee of the Bar Council of India Trust, is the
member from the State Bar Council of Himachal Pradesh. He enrolled as an advocate in
1976. He was elected to the State Bar Council of Himachal Pradesh in 2000 and to the Bar
Council of India in 2006.
Brij Mohan Vinayak is the member from the State Bar Council of Punjab & Haryana. He
enrolled as an advocate in 1979 and became a member of the State Bar Council of Punjab and
Haryana in 2002. He became Vice-Chairman in 2005 and was elected member of the Bar
Council of India in 2010.
G E Vahanvati
G E Vahanvati is the Attorney General of India and an ex-officio member of the Bar Council
of India.
Faisal Rizvi
Faisal Rizvi is the member from the State Bar Council of Chhattisgarh. He has practiced law
since 1991. In 2002, he was first elected to the State Bar Council of Chattisgarh and was
elected to the Bar Council of India in the same year.
Rajendra B. Raghuvanshi
Rajendra B. Raghuvanshi is the member from the State Bar Council of Maharashtra & Goa.
He enrolled as an advocate in 1981. He was elected Chairman of the Bar Council of
Maharashtra and Goa in 1998, and in 2004, he was elected to the Bar Council of India.
S. Gopakumaran Nair
S. Gopakumaran Nair is the member from the State Bar Council of Kerala.
Gopal Narain Mishra is the member from the State Bar Council of Uttar Pradesh. He enrolled
in Lucknow in 1970. He was first elected to the State Bar Council of Uttar Pradesh in 1994
and to the Bar Council of India in 2006.
M. Rajender Reddy
M. Rajender Reddy is the member from the State Bar Council of Andhra Pradesh where he
was previously Chairman.
Hemantkumar J. Patel
Hemantkumar J. Patel is the member from the State Bar Council of Gujarat. He enrolled
in Ahmedabad in 1977. He was first elected to the State Bar Council of Gujarat in 1994 and
to the Bar Council of India in 2006.
Ashok Parija
Ashok Parija is the member from the State Bar Council of Orissa.
Zafar Ahmed Khan is the member from the State Bar Council of Madhya Pradesh. He
enrolled as an advocate in 1973. He was first elected member of the State Bar Council of
Madhya Pradesh in 2008 and a member of the Bar Council of India in the same year.
Jagdeesh C M
Jagdeesh C M is the member from the State Bar Council of Karnataka. He enrolled as an
advocate in 1981 and was elected as a member of the State Bar Council of Karnataka in 2006.
In 2008, he was elected to the Bar Council of India.
Apurba Kumar Sharma is the member from the State Bar Council
of Assam, Nagaland, Meghalaya, Mizoram, Sikkim and Arunachal Pradesh.
Vijay Bhatt
Vijay Bhatt is the member from the State Bar Council of Uttarakhand. He was first elected to
the State Bar Council of Uttarkhand in 2004. He was elected to the Bar Council of India in
2010.
Biri Singh Sinsinwar is the member from the State Bar Council of Rajasthan. He was elected
Chairman of the Bar Council of Rajasthan in 2003 and recently to the Bar Council of India.
Rajinder Singh Rana is the member from the State Bar Council of Delhi. He was first elected
to the state Bar Council of Delhi in 1998 where he became Vice Chairman in 2000. In 2010,
he was elected to the Bar Council of India. He was arrested on 20 December 2010 by CBI on
charges of taking bribe for granting recognition to a Law college in Ghaziabad.
Manan Kumar Mishra
Manan Kumar Mishra is the member from the State Bar Council of Bihar. He enrolled as an
advocate in 1980 and was elected a member of the State Bar Council of Bihar in 1988. He
was elected to the Bar Council of India in 2010.
FUNCTIONS
The following statutory functions under Section 7 cover the Bar Council’s regulatory and
representative mandate for the legal profession and legal education in India:
2. To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.
5. To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
6. To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar
Councils.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
10.To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India
for the purpose of admission as an advocate in India.
12.To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also constitute funds for the following purposes:
1. Giving financial assistance to organise welfare schemes for poor, disabled or other
advocates,
COMMITTEES
The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council.
The Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a
Legal Education Committee, and an Executive Committee (under section 10). Chapter III of
the Bar Council of India Rules permit the Council to appoint from amongst its members, one
or more committees in addition to those specified in the Act. The Council can delegate
powers, duties, and functions to these committees.
1. To make recommendations to the Council for laying down the standards of legal
education for Universities.
2. To visit and inspect Universities and report the results to the Council.
3. To recommend to the Council the conditions subject to which foreign qualification in law
obtained by persons other than citizens of India may be recognised.
4. To recommend to the Council for recognition of any degree in law of any University in
the territory of India.
Appeals lie before the Bar Council of India against orders of the disciplinary committees of
the State Bar Councils. Every such appeal is heard by the disciplinary committee of the Bar
Council of India, which may pass an order, including an order varying the punishment
awarded by the disciplinary committee of the State Bar Council.
Each disciplinary committee consists of three members. The term of the members of this
committee is three years.
Executive Committee
The Executive Committee is the executive authority of the Council, and is responsible for
giving effect to the resolutions of the Council.
Members of the Executive Committee are elected from amongst the members of the Bar
Council of India. The committee elects its Chairman and Vice-chairman.
2. To invest the funds of the Council in the manner directed by the Council from time to
time,
4. To prescribe books of account, registers and files for the proper management of the
affairs of the Council,
5. To appoint and supervise the work of the members of the staff and prescribe their
conditions of service
7. To consider the annual audit report and place it before the Council with its comments for
its consideration,
8. To maintain a library and under the directions of the Council, publish any journal,
treatise or pamphlets on legal subjects,
9. To prepare and place before the Council, the annual administration report and the
statement of account,
10. To provide for proper annual inspection of the office and its registers,
12. To fix travelling and other allowances to members of the committees of the Council, and
to members of the staff,
13. To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned
powers,
14. To do all other things necessary for discharging the aforesaid functions.
The Advocates Welfare committee is empowered by the Advocates Welfare Fund Act, 2001.
The State Bar Council shall pay to the Fund annually, an amount equal to twenty per cent of
the enrolment fee received by it from advocates clause (f) of Section 24 of the Advocates
Act.
The members of the Advocates Welfare Committee are elected from amongst the members of
the Bar Council of India. The term of each member in this committee is two years.
Rules Committee
The Rules Committee reviews the rules and regulations of the Council.
Prof. V.B. Coutinho, the former Vice-Chancellor of Gulbarga University is the first Director
of the Directorate of Legal Education and Prof. Rahul Singh is Associate Director.
INTERNATIONAL AFFILIATIONS
In recent years, there has been a tremendous increase in cross border transactions and
international trade leading to an increased interaction between legal communities of various
jurisdictions. As companies and businesses become more deeply involved in the regional
economy as well as in the global economy, they require expert legal assistance and guidance
from lawyers in their home countries as well as from lawyers throughout the region and even
beyond. Affiliations of the Bar Council of India with the bars of other nations are critical for
various purposes.
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The Board of Trustees of the Bar Council of India Trust comprises the Chairman of the Bar
Council of India and four other trustees elected for a four-year term from amongst the BCI
members. The trustees elect a Managing Trustee and an Assistant Managing Trustee. The
Managing Trustee oversees the day-to-day administration of the Trust through its Secretary.
The Trust is also active in other fields such as providing legal aid to the disadvantaged;
publication of textbooks for students and law reports; and activities promoting welfare of the
members of the Indian legal profession. For instance, the Trust assists the professional
development of numerous deserving junior advocates through its placement scheme. The
Trust regularly selects advocates under the scheme for year-long training under experienced
and reputed legal professionals at the High Courts and the Supreme Court such as senior
advocates and Bar Council of India members.
The Bar Council of India Trust is also at the forefront in delivering world-class instruction in
law, in India. The Trust established the first National Law University in Bangalore in 1987.
The National Law School of India University (“NLSIU”) is now recognised the world over as
a pre-eminent centre of legal studies and research. It was the inspiration for the establishment
by various states of similar National Law Universities such as the NALSAR University,
Hyderabad and the West Bengal National University of Juridical Sciences, Kolkata.
National Moot Court Competition
The National Moot Court Competition of the Bar Council of India is organised under the
aegis of the Trust, and has been promoting advocacy skills amongst law students, since its
inception in 1981. The eagerly awaited event is organised by the Trust in association with an
Indian University and sees fierce competition between teams from 40 different universities.
In 2009, at the competition held in Gujarat, NALSAR, Hyderabad took home the top honours
and ILS, Pune were runners up. Since 2005, ILS, Pune and NLSIU, Bangalore have won the
trophy twice.
The Indian Bar Review, the quarterly journal of the Bar Council of India Trust, is rated
among the top legal periodicals in the country. Since 1972, the journal has informed and
educated the judiciary, lawyers, students, and academics about the latest trends,
developments, and scholarship in the field of law and legal education.
The BCI trust is invested heavily in updating the knowledge and skills of practicing
advocates and to promote specialisation in professional services. Workshops are organised
regularly in various parts of the country to help advocates develop their skills in a variety of
topics like constitutional litigation, advocacy, labour adjudication, tort litigation,
administrative law and adjudication and environmental laws. The Trust has also assembled
high-quality reading materials on all these subjects.
ENROLMENT OF ADVOCATES
Eligible persons are admitted as advocates on the rolls of the State Bar Councils. The
Advocates Act, 1961 empowers State Bar Councils to frame their own rules regarding
enrolment of advocates. Contact details for individual Councils can be found here.
All applicants for enrolment as advocates are required under Section 24 (1) (f) of the
Advocates Act, 1961 to pay an enrolment fee of Rs.600/- (Rupees Six hundred only) to the
respective State Bar Council and Rs.150/- (Rupees One hundred Fifty only) to the Bar
Council of India. These payments should be made using separate demand drafts.
PROFESSIONAL STANDARDS
Advocates have the dual responsibility of upholding the interests of the client fearlessly while
conducting themselves as officers of the court. Accordingly, they are expected to adhere to
the highest standards of probity and honour. An advocate’s conduct should reflect their
privileged position in society which derives from the nobility of this profession. In a nut
shell, if you are an advocate your service to the common man should be compassionate,
moral and lawful.
The rules mentioned in the Chapter II, Part IV of the Bar Council of India Rules on standards
of professional conduct and etiquette shall be adopted as a guide for all advocates in
conducting matters related to law.
ALL INDIA BAR EXAMINATION
On April 10, 2010, the Bar Council of India resolved to conduct an All India Bar
Examination that tests an advocate’s ability to practice law. It is required for an advocate to
pass this examination to practice law. This examination shall be held biannually, in April and
November, and will test advocates on substantive and procedural law. It will assess basic
analytical capabilities and knowledge of law. The syllabi for this examination will be
published at least three months before the examination. An advocate may appear for the
examination any number of times. Once the advocate passes the examination, he/she will be
entitled to a Certificate of Practice.
The first All India Bar Examination is scheduled to take place on December 5, 2010. It will
be mandatory for law students graduating in the academic year 2009-2010 and onwards to
clear this exam in order to practice law in India.