The profession must regulate itself - if the Bar Councils fail in their duty a day

may come when external regulation may become imperative. Discuss.

To be concise, we can look into the preamble of the Indian Bar Councils Act, 1926
which puts the duty of regulating the legal practitioners on the Bar Councils
established under this piece of legislature. To add to that, the preamble of the
Advocates Act, 1961 reflects on having the power to legislate laws for the
professionals of law that also established the Bar Council of India. The BCI holds the
responsibility of maintaining and protecting the standard of the legal profession. This
body has complete jurisdiction over the discipline of the profession. The BCs have
been vested with the function to efficiently run the legal field. The legal framework
has clearly expressed the autonomy of the bar councils over the legal fraternity. The
sanctity of this autonomous field has also the judiciary branch depended on it. Many
advocates face daily-life problems and outbreaks of violence in physical and mental
form for representing their clients in court. The Bar Council has also the duty to
protect the advocates from these scenarios. The Bar Council's responsibility in the
practice of law is not circumscribed; it must also consider the wider public interest in
satisfying the demands of the noble profession and in regulating a profession that is
intimately involved in the administration of justice. The Bar Council, on the other
hand, was established to safeguard the litigating public by ensuring that the legal
profession's high and noble traditions are preserved, as well as the purity and dignity
of the profession are not compromised.

There have been various instances that show that the Bar Council’s autonomy should
not be encroached upon. Such as, in a certain matter, it was reiterated that the BCI is
an autonomous body that has been assigned broad powers in the matter of establishing
legal education standards, and unless it is found that it has acted maliciously or in
clear disobedience of an enforced provision encapsulated in any statute, it would
normally be prudent and safe for the Courts to leave such matters to the Bar Council
itself.1 To maintain the sanctity, the Bar Councils themselves also have to step up to
protect the field. The lawyer's crucial job is dependent on his integrity and
professional lifestyle.

1
Shitabkhan vs Bar Council Of IndiaAIR 1969 Raj 136.
If the Councils fail in their duties, other organs would have to come up to fill the gap
and regulate certain parts of this professional field, which is inevitable. There have
been many instances where the Supreme Court has been dismayed and fulfilled the
role of upholding the sanctity of the legal profession by suspending licenses of
advocates who have been found guilty of criminal actions. And in these recent
dreadful times, the Kerala High Court has pointed out how the Bar Councils have
been delaying on stipends of advocated causing financial hurdles. The High Court,
which has been using the Bar Council of J&K's powers under Section 58 of the
Advocates Act, 1961, for decades without explanation or cause, has woefully failed to
carry out its obligations and responsibilities as the Bar Council of J&K. On this issue,
even the Bar Council of India has failed miserably to guarantee that elections for the
State Bar Council of J&K are held, and the High Court is freed of this difficult
responsibility, which it has been unable to do right too. The terrible reality is that our
High Court has not only mocked the sensibilities of members of the legal profession
but has also insulted our profession's honour.

It should be noted that the primary duty of the legal profession is to facilitate the
administration of justice.2 In another case on 28 January 2019 between R.
Muthukrishnan vs The Registrar General Of The High Court Of Judicature At
Madras, the Hon’ble Apex Court had pointed out that disciplinary jurisdictions, if
given to the High Courts, goes deeply against advocates even if their grounds of
appealing to higher authorities are verified. Thus, the Bar loses its grip of protection
around the legal professionals. The independent judiciary and bar are the foundation
of democracy. Adherence to constitutional principles, mutual respect, and self-respect
are critical for maintaining independence. The Bench and the Bar complement each
other perfectly. The rule of law and its dignity cannot be maintained without the
active participation of the Bar and the Bench. The legal system is known for its
fairness and impartiality. The autonomy of the Bar and Bench, as well as the
competent execution of their responsibilities and obligations, enable the safeguarding
of the essential framework of constitutional rights.

2
Bar Council of Maharashtra v M V Dabholkar (1976) 2 SCC 291.