The Bar Council of India has powers and functions.

The Bar Council of India is an organization established by law under the Advocates Act, 1961.
The legislation also specifies the authorities and responsibilities of the Bar Council of India.
The main objective of the organization is to supervise and govern the practice and education of
law in India. Furthermore, it conducts the All India Bar Examination (AIBE) on a yearly basis,
which functions as a screening mechanism for persons aspiring to pursue a career in law within
the nation's judicial system.
The Bar Council serves as a regulating body in the Indian legal community by setting norms for
professional behavior and etiquette. The primary goal is to protect the rights, interests, and
privileges of lawyers throughout India.
The Bar Council of India functions as a legislative and regulatory entity formed by the
Advocates Act, 1961. Its role includes overseeing the legal profession and education in the
nation. Additionally, it functions as the authoritative body for the legal profession in India.

BAR COUNCIL of INDIA

The Bar Council of India is an authoritative body that regulates and governs the legal profession
in India.
The establishment of the Bar Councils of India was mandated by the Advocates Act of 1961,
after the suggestions put up by the All India Bar Committee. These councils function at both the
national and state levels. The establishment of the State Bar Councils was mandated under
Section 3 of the Act.
The Bar Council of India consists of members who are chosen from each State Bar Council, as
well as the Attorney General of India and the Solicitor of India, who serve as members by
default. The State Bar Council members are elected for a duration of five years. The Council has
the authority to choose its own Chairman and Vice-Chairman among its members, and they hold
office for a duration of two years.
The authorities and duties of the Bar Council of India are outlined below.

Authority of the Bar Council of India

The powers possessed by the Bar Council of India include:
Enrollment as a Barrister
As per Section 20 of the Advocate Act, any advocate who possessed the privilege to practice in
the Supreme Court prior to the designated day but was not included on any state roll might notify
the Bar Council of their desire.
They are required to do this task within the specified timeframe and using the specified format.
After receiving the application, the Bar Council of India will instruct the relevant state Bar
Council to add the advocate's name on the state roll without any charge.
Distributing Duplicates of Documents
According to Section 19 of the Advocate Act, it is required that each State Bar Council sends a
verified copy of the advocate list, which is generated for the first time under this Act, to the Bar
Council of India. Moreover, any modifications or supplements made to the roll must be
immediately conveyed to the Bar Council of India.
Name Transfer
Section 18 of the Advocate Act pertains to the process of moving an advocate's name from one
State Bar Council position to another. To transfer their name, an advocate must submit an
application to the Bar Council of India.
After receiving the application, the Bar Council of India will instruct the removal of the
advocate's name from the register of the first State Bar Council and its addition to the roll of the
other State Bar Council. There is no charge for this transfer.

Formation of Committees and Recruitment of Staff Members

Section 9 grants the Bar Council of India the authority to establish disciplinary committees, legal
assistance committees, executive committees, legal education committees, and any other
committees that may be required.
Section 11 grants the Bar Council the authority to designate a secretary, accountant, and any
other required personnel. The secretary and accountant must hold the necessary credentials.
Employing a secretary is a prerequisite for the Bar Council.
Account maintenance
According to Section 12, the Bar Council of India is required to keep records of financial
transactions and other related documents in a specified manner. Competent auditors, akin to the
examination of corporate financial records, are required to conduct audits of these accounts.
The Bar Council of India is furthermore accountable for transmitting a duplicate of its financial
statements and the auditors' report to the Central Government. Moreover, these records are
officially published in the Gazette of India.
Authority to Establish Regulations
The Bar Council of India has the authority to establish regulations in accordance with Section 15
of the Advocate Act. These rules encompass a wide range of areas, including the selection of Bar
Council members, the appointment of the chairman and vice-chairman, resolving disputes, filling
vacancies, defining the responsibilities and authority of the chairman and vice-chairman,
organizing legal aid, conducting meetings and committee business, and managing and investing
Bar Council funds.

Authority and Sanctions for Wrongdoing

Section 49 of the Advocate Act confers to the Bar Council of India the authority to establish
regulations for carrying out its duties as outlined in the Act. Furthermore, Section 36 grants the
Bar Council the authority to penalize advocates for professional or other forms of misconduct.
The Bar Council of India has the authority to suspend advocates from practicing law, strike their
names off the state roster, dismiss complaints, or give reprimands as it sees appropriate.
Appellate power refers to the authority of a higher court to review and potentially overturn the
decisions made by a lower court.
Section 37 grants the Bar Council of India the power to adjudicate appeals against the decisions
made by disciplinary bodies. The appellate jurisdiction of the Bar Council of India's disciplinary
committee must be invoked for any appeal to be heard.
Moreover, Section 38 grants the right to people who have been harmed by the decision made by
the Disciplinary Committee of the Bar Council of India to submit an appeal to the Supreme
Court within a period of 60 days.

Additional Powers and Functions

In addition to the elements listed before, the Bar Council of India has supplementary authorities
and performs other responsibilities.
The functions of the organization include: • Offering financial aid to State Bar Councils that need
funds to carry out their duties, • Prohibiting individuals from specified countries from practicing
law in India if those countries prohibit Indian citizens from practicing law there, • Evaluating the
legality and appropriateness of proceedings conducted by State Bar Councils or their
committees, • Issuing orders, except in matters handled by the disciplinary committee, • Giving
instructions to State Bar Councils or their committees to ensure the effective and efficient
performance of their duties.

The Bar Council of India has many functions.

The Bar Council of India has the following functions:
Formation of the Bar Council of India
The Bar Council of India was created by Parliament via the Advocates Act of 1961. The primary
duties of this organization are overseeing the legal profession and legal education in India.
The Bar Council of India has a set of legally mandated responsibilities.
The Bar Council of India is responsible for carrying out certain legal duties as specified in
Section 7 of the Advocates Act, 1961:
1. The Standards of Professional Conduct provide the guidelines for the professional behavior
and manners expected of advocates.
2. The Disciplinary Procedure outlines the specific steps that must be taken by the disciplinary
committee of the organization, as well as the disciplinary committees of each State Bar Council.
3. Protection of Advocates' Rights and Interests: This policy ensures the preservation of
advocates' rights, privileges, and interests.
4. Law Reform: It advocates for and provides assistance to law reform efforts.
5. Addressing Referred cases: This function involves addressing and resolving cases that have
been referred to the State Bar Councils.
6. Legal Education: It facilitates the advancement of legal education and establishes benchmarks
for legal education in collaboration with universities and State Bar Councils. Additionally, it
conducts visits and inspections of colleges or instructs State Bar Councils to carry out such visits.
7. Qualification Recognition: It acknowledges colleges whose legal degrees meet the
requirements for becoming an advocate. Foreign legal degrees received outside of India may also
be mutually recognized.
8. Seminars and Publications: The organization arranges seminars and lectures on legal subjects
led by distinguished legal experts and releases journals and articles of legal significance.
9. Legal Aid: It facilitates the provision of legal assistance to those who are economically
disadvantaged.
10. Fund Management: It oversees and allocates the finances of the Bar Council.
11. Election of Members: This provision allows for the selection of individuals who will serve as
members and oversee the operations of the Bar Councils.

Creation of Funds
The Bar Council of India has the authority to create one or more funds in accordance with
specified rules. These funding may be used for the purpose of coordinating social welfare
programs, offering legal assistance or guidance, and establishing libraries dedicated to legal
resources. The Bar Council is eligible to accept grants, contributions, gifts, or benefactions for
these specific objectives.

Participation in International Legal Organizations

According to Section 7(a) of the Advocate Act, 1961, the Bar Council of India has the authority
to join foreign legal organizations such as the foreign Bar Association or International Legal Aid
Association. It has the ability to provide financial support and provide permission for
participation in global legal conferences or seminars.

Prohibition of Strikes and Boycotts

The Bar Council of India is responsible for maintaining and enforcing professional standards and
decorum for lawyers. The Bar Council's decisions that prohibit advocates from participating in
legal assistance programs or disrupting court hearings are both unlawful and invalid.
Advocates who engage in strikes or boycotts may be subject to disciplinary measures by the
relevant State Bar Council. Advocates have a duty to disregard requests for strikes or boycotts.

Legal precedents regarding the authority and responsibilities of the Bar Council of India
Case: Raveendranath Naik v. Bar Council of India
In the Raveendranath Naik v. Bar Council of India case, the court deemed the resolution of the
Bar Council of India, which prohibited involvement in legal assistance programs, to be unlawful
and invalid.
Legal Case: Former Captain Harish Uppal vs the Union of India
In the case of Ex-Captain Harish Uppal v. Union of India, the court stressed that the Bar Council
of India must not impede the operation of courts. Instead, the emphasis should be on establishing
and upholding professional standards while also avoiding strikes or boycotts.
Legal Case: Bar Council of Maharashtra v. M.V Dabholkar and others
Facts: The individuals involved in this situation were attorneys who were actively working in the
criminal justice system. The individuals were accused of engaging in professional misconduct as
defined in Section 35(1) of the Advocates Act, 1961. They were accused of participating in
unethical conduct outside the Magistrate courts.
They would attempt to seize legal documents from possible plaintiffs and even engage in violent
altercations. In addition, they made a commitment to provide lower costs than their competitors
in order to attract clients.
The High Court alerted the Bar Council of Maharashtra about this issue, which examined the
allegation and subsequently forwarded it to its Disciplinary Committee for further inquiry.
Ruling: The court determined that the Code of Ethics for advocates prohibits them from
advertising or participating in offensive actions such as solicitation or scrambling. Consequently,
the responders were deemed responsible for professional misconduct. They received a three-year
suspension from practicing as a consequence.
Legal Case: D. Saibaba v. Bar Council of India and another
Facts: In this instance, Smt. D Anuradha, who is married to D Saibaba, filed a complaint under
Section 35 of the Advocates Act, accusing professional wrongdoing. The allegation said that the
appellant, D Saibaba, was registered as a lawyer yet operated a telephone booth under the
handicap quota, which was in violation of the regulations.
The appellant said that he was really disabled and had initiated the telephone booth prior to
pursuing a career as a lawyer owing to budgetary limitations. He said that his elderly parents
were operating the booth. Furthermore, he said that the lawsuit was both malicious and brought
by his dissatisfied wife, who had previously made false criminal accusations against him.
Ruling: The Bar Council of India ordered the appellant to give up possession of the telephone
booth. The Bar Council concluded that the booth, regardless of the person in charge, was
registered under the appellant's name in the disability quota. Surrendering the booth would settle
the problem related to the appellant's behavior as an advocate.
The appellant asked a postponement in order to collect outstanding payments, which would be
challenging if the telephone booth was relinquished. Nevertheless, as the appellant did not give
up possession of the booth, the Bar Council instructed the State Bar Council, to which the
appellant was enrolled, to strike his name from the list of advocates.