BAR COUNCIL OF INDIA

INTRODUCTION
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, etiquettes and exercises
disciplinary jurisdiction over the bar. It also sets standards for legal education and
grants recognition to Universities whose degree in law will serve as a qualification
for students to enroll themselves as advocates upon graduation. In addition, it
performs certain representative functions by protecting the rights, privileges and
interests of advocates and through the creation of funds for providing financial
assistance to organize welfare schemes for them.
HISTORY
After the Constitution of India was established on January 26, 1950, the Inter-
University Board passed a resolution emphasizing the need for an all-India
Bar and the importance of uniformly high standards for law examinations in
different Universities. In May 1950, the Madras Provincial Lawyers Conference,
held under the presidency of Shri S. Varadachariar, resolved that a committee
appointed by the Government of India should evolve a scheme for an all-India Bar
and amend the Indian Bar Councils Act such that it conforms to the new
Constitution. On April 12, 1951, Shri Syed Mohammed Ahmad Kazmi, a Member
of Parliament, proposed a bill to amend the India Bar Councils Act. The
Government of India concluded that it was necessary for the Government to
sponsor the Bill. In August 1951, a Committee of Inquiry was set up to consider
the feasibility of a unified Bar in India, the continuance or abolition of the
dual system of counsel for each state, possibility of a separate Bar Council for
the Supreme Court and the revision of enactments related to the legal
profession.
STRUCTURE OF THE BAR COUNCIL OF INDIA
The Bar Council of India consists of 18 Members. The Attorney General of India
and the Solicitor General of India are Ex-Officio Members of the council and the
other 16 Members represent the 16 State Bar Councils in the country. The
Members are elected for a period of five years and the Chairman and Vice -
Chairman are elected for a period of two years from among the Members of the
Bar Council of India. The Bar Council further consists of various committees viz.,
Legal Education Committee, Disciplinary Committee, Executive Committee, Legal
Aid Committee, Advocates Welfare Fund Committee, Rules Committee and
various other Committees formed to look into specific issues arising from time to
time.
CONSTITUTION OF BAR COUNCIL OF INDIA
Section 4 of the Bar Council of India provides: (1) There shall be a Bar Council for
the territories to which this Act extends to be known as the Bar Council of India
which shall consist of the following members, namely:– a) the Attorney- General
of India, ex officio; b) the Solicitor- General of India, ex officio; c) one member
elected by each State Bar Council from amongst its members. Section 4(1-A) of
the Act makes it clear that no person shall be eligible for being elected as a
member of the Bar Council of India unless he possesses the qualifications
specified in the proviso to sub- section (2) of section 3. Provided that such person
shall continue to carry on the duties of his office until the Chairman or the Vice-
Chairman, as the case may be, of the Council, elected after the
commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes
charge of the office. Section 4(3) of the Act provides that the term of office of a
member of the Bar Council of India elected by the State Bar Council shall-
(i) in the case of a member of a State Bar Council who holds office ex officio, be
two years from the date of his election [or till he ceases to be a member of the
State Bar Council, whichever is earlier]; and
(ii) in any other case, be for the period for which he holds office as a member of
the State Bar Council: Provided that every such member shall continue to hold
office as a member of the Bar Council of India until his successor is elected.
Section 10-A of the Act provides that The Bar council of India shall meet at New
Delhi or at such other place as it may, for reasons to be recorded in writing,
determine. A State Bar Council shall meet at its headquarters or at such other
place as it may, for reasons to be recorded in writing, determine. The committees
other than disciplinary committees constituted by the Bar Councils shall meet at
the headquarters of the respective Bar councils. Every Bar Council and every
committee thereof except the disciplinary committees shall observe such rules of
procedure in regard to the transaction of business at their meetings as may be
prescribed. The disciplinary committees constituted under section 9 shall meet at
such times and places and shall observe such rules of procedure in regard to the
transaction of business at their meetings as may be prescribed.
Section 10-B of the Act provides that an elected member of a Bar Council
shall be deemed to have vacated his office if he is declared by the Bar Council of
which he is a member to have been absent without sufficient excuse from three
consecutive meetings of such Council, or if his name is, for any cause removed
from the roll of advocates or if he is otherwise disqualified under any rule
made by the Bar Council of India.
Section 14 of the Act provides that no election of a member to a Bar Council shall
be called in question on the ground merely that due notice thereof has not been
given to any person entitled to vote thereat, if notice of the date has, not less
than thirty days before that date, been published in the Official Gazette
FUNCTIONS OF BAR COUNCIL OF INDIA
The Bar Council of India was established by Parliament under the Advocates Act,
1961. 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: 1. To lay down standards of professional conduct and
etiquette for advocates. 2. To lay down procedure to be followed by its
disciplinary committee and the disciplinary committees of each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates. 4. To promote
and support law reform. 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.
7. To recognize Universities whose degree in law shall be a qualification for
enrolment as an advocate. The Bar Council of India visits and inspects
Universities, or directs the State Bar Councils to visit and inspect Universities for
this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish
journals and papers of legal interest.
9. To organize legal aid to the poor.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also receive grants, donations, and gifts for any of
these purposes. With respect to the point 6, the Supreme Court has made it clear
that the question of importing legal education is entrusted to the Universities in
India and not to the Bar Council of India. All that the Bar Council can do is to
suggest ways and means to promote suck legal education to be imparted by the
Universities and for that purpose it may lay down the standards of education.
Sections 7 do not entitle the Bar Council itself to frame rules laying down pre-
enrolment as Advocate.
In Raveendranath Naik v. Bar Council of India, the resolution passed by the
Bar Council of India directing advocates not to participate in any programme
organized by the Legal Services Authorities in any Lok Adalat or any legal aid
programme has been held illegal and void. In Ex-Captain Harish Uppal v. Union of
India , the court held that section 7 provides in respect of the functions of the Bar
Council of India, but none of its functions mentioned in section 7 authorizes it to
paralyze the working of the Courts. On the contrary it is enjoined with a duty to
lay down standards of professional conduct and etiquette for advocates. No
Bar Council can ever consider giving a call of strike or a call of boycott. In case any
association calls for a strike or boycott the concerned State Bar Council of India
must immediately take disciplinary action against the advocates who gives a call
for a strike. It is the duty of every advocate to ignore a call of strike or boycott
Section 7(2) of the Advocates Act provides that the Bar Council of India may
constitute one or more funds in the prescribed manner for the purpose of- a)
giving Finance assistance to organize welfare schemes for indigent, disabled or
other advocates; b) giving legal aid or advice in accordance with the rules made
in this behalf c) establishing law libraries. It may receive any grants, donations,
gifts or benefactions for all or any of the purposes specified above such grants,
donations, etc., shall be credited to the appropriate fund or funds constituted
under this sub-section. The important powers and functions of the Bar Council of
India may be discussed as follows:
1. Admission as advocate - Section 20 of the Advocates Act provides that every
advocate who was entitled as of right to practice in the Supreme Court
immediately before the appointed day and whose name is not entered in any
State roll may, within the prescribed time, express his intention in the prescribed
form to the Bar Council of India for the entry of his name in the roll of a State Bar
Council and on receipt thereof the Bar Council of India shall direct that the name
of such advocate shall, without payment of any fee, be entered in the role of that
State Bar Council and the State Bar Council concerned shall comply with such
direction. The entry in the State Roll made in the compliance with such direction
shall be made in the order of seniority determined in accordance with the
provisions of Section 17(3). Where an advocate omits or fails to express his
intention within the prescribed time, his name shall be entered in the roll of the
State Bar Council of Delhi.
Section 19 of the Advocates Act makes it clear that every State Bar Council shall
send to the Bar Council of India an authenticated copy of the roll of advocates
prepared by it for the first time under this Act and shall. thereafter,
communicate to the Bar Council of India all alternations in and addition to,
any such roll, as soon as the same have been made.
Section 18 of the Advocates Act makes provision in respect of the transfer of
name from one State roll to another. It provides that any person whose name is
entered as an advocate on the roll of any State Bar Council may make an
application in the prescribed form to the Bar Council of India for the transfer of
his name from the roll of that State Bar Council to the roll of any other State Bar
Council and on receipt of any such application, the Bar Council of India shall direct
that the name of such person shall, without the payment of any fee, be removed
from the roll of the first-mentioned State Bar Council and entered in the roll of
the other State Bar Council and the State Bar Councils concerned shall comply the
such direction.
2. Appointment of Committee and Staff-members - Section 9 of the Advocates
Act empowers a Bar Council to appoint disciplinary committees. It shall
constitute one or more disciplinary committees each of which shall consist of
three persons of whom two shall be persons elected by the Council from amongst
its member and the other shall be a person co-opted by the Council from amongst
advocates who possess the qualifications specified in the proviso to sub-section
(2) of Section 3 of the Act and who are not members of the Council and the
senior most advocates amongst the members of a disciplinary committee shall
be the Chairman thereof. Section 9-A of the Advocates Act empowers a Bar
Council to appoint one or more legal aid committees. Each committee shall
convert of such number of members not exceeding nine but not less than five as
may be prescribed. The qualifications. the method of selection and the term of
office of the members of such committee shall be such as may be prescribed.
Section 10(1) makes provisions 1n respect of constitution of Standing
Committees by a State Bar Council. Besides, Section 10(2) of the Advocates Act
requires the Bar Council of India to constitute the following committees:
a) an executive committee consisting of nine members elected by the Council
from amongst its members;
b) a legal education committee consisting of ten members, of whom five shall be
persons elected by the Council from amongst its members and Eve shall be
persons co-opted by the Council who are not members thereof. Section 11 of the
Advocates Act requires every Bar Council to appoint a secretary. It also empowers
the Bar Council to appoint an accountant and such member of other persons on
its staff as it may deem necessary.
3. Maintenance of account, etc.- According to Section 12 of the Advocate; Act
every Bar Council shall cause to be maintained such books of mum and other
books in such form and in such manner as may be prescribed. The account shhll
be audited by auditors duly qualified to act as auditors of companies nder
the Companies Act, 1956 at such times and in such manner as may be
prescribed.
4. Rule-making power - A Bar Council may make rules under the provisions of
Section 15 of the Advocates Act. Sub-section (2) of Section 15 of the Act provides
that in particular and without prejudice to the generality of the foregoing power,
such rules may provide for-
a) the election of members of the Bar Council by secret ballot including the
conditions subject to which persons can exercise the right to vote by postal ballot,
the preparation and revision of electoral rolls and the manner in which the results
of election shall he published.
b) the manner of election of the Chairman and the Vice-Chairman of the Bar
Council;
c) the manner in which and the authority by which, doubts and disputes as to the
validity of an election to the Bar Council or to the office of the Chairman or Vice-
Chairman shall be finally decided;
d) the filling of casual vacancies in the Bar Council;
e) the powers and duties of the Chairman and the Vice-Chairman of the Bar
Council;
f) the constitution of one or more funds by a Bar Council for the purpose
of giving financial assistance or giving legal aid or advice referred to in Section
6(2) and Section 7(1) of the Advocates Act;
g) Organization of legal aid and advice to the poor. constitution and function
of committees and sub-committees for that purpose and description of
proceedings in connection with which legal aid or advice may be given;
h) the summoning and holding of meetings of the Bar Council, the conduct of
business thereat and the number of members necessary to constitute a quorum;
i) the constitution and functions of any committee of the Bar Council and the
terms of office of members of any such Committees;
j) the summoning and holding of meetings, the conduct of business of any such
committee and the number of members necessary to constitute a quorum;
k) the qualifications and the conditions, of service of the secretary, the
accountant and other employees of the Bar Council;
l) the maintenance of books of accounts and other books by the Bar Council;
m) the appointment of auditors and the audit of the accounts of the Bar Council;
n) the management and investment of the funds of the Bar Council.
Section 49 of the Advocates Art confers on the Bar Council of India general power
to make rules. It provides that the Bar Council of India may make rules for
discharging its functions under this Act and in particular, such rules may
prescribe-
a) the conditions subject to which an advocate may be entitled to vote at an
election to the State Bar Council including the qualifications or
disqualifications of voters and the manner in which an electoral roll of voters
may be prepared and revised by a State Bar Council;
b) qualifications for membership of a Bar Council and the disqualification for
such membership;
c) the time within which and the manner in which effect may be given to the
proviso to section 3(2).
d) the manner in which the name of any advocate may be prevented from being
entered in more than one State roll;
e) the manner in which the seniority among advocates may be determined;
f) the minimum qualifications required for admission to a course of degree in law
in any recognized University;
g) the class or category of persons entitled to be enrolled as advocates;
h) the conditions subject to which an advocate shall have the right to
practice and the circumstances under which a person shall be deemed to
practice as an advocate in a Court;
i) the form in which an application shall be made for the transfer of the
name of an advocate from one State roll to another;
j) the standard of professional conduct and etiquette Do be observed by
advocates;
k) the standards of legal education to be observed by Universities in India
and the inspection of Universities for the purpose;
l) the foreign qualifications in law obtained by persons other than citizens of India
which shall be recognized for the purpose of admission as an advocate under this
Act;
m) the procedure to be followed by the disciplinary committee of a State Bar
Council and by its own disciplinary committee;
n) the restrictions in the matter of practice to which senior advocates shall be
subject;
o) the form of dresses or robes to be worn by advocates having regard to
the climatic conditions appearing before any Court or tribunal;
p) the fees which may be levied in respect of any matter under this Act;
q) general principles for guidance of State Bar Councils and the manner in
which directions issued or orders made by the Bar Council of India may be
enforced;
r) any other matter which may be prescribed.
It has been made clear that rule made with reference to the standards of
professional conduct and etiquette to be observed by the advocates and the form
of dresses or robes to be worn by the advocates having regard to the climatic
conditions appearing before any Court or tribunal shall have effect only when
they will be approved by the Chief Justice of India. However, rules made
with reference to such matters and in force immediately before the
commencement of the Advocates (Amendment) Act, 1973, shall continue in force
until altered or repealed or amended in accordance with the provisions of this
Act. It has also been made clear that rules made with reference to the foreign
qualifications in law obtained by persons other than citizens of India which shall
be recognized for the purpose of admission as an advocate under this Act shall
have effect only when they will be approved by the Central Government.
In the case of Indian Council of Legal Aid and Advice v. Bar Council of India
, the Supreme Court has held that the rule debarring a person who has completed
the age of forty-five to be enrolled as an advocate is arbitrary, unreasonable and
beyond the power of the Bar Council of India and consequently, void.
The Supreme Court in V. Sudeer v. Bar Council of India has held that the Bar
Council can exercise power and frame rules for effectively discharging its
statutory functions as laid down by the Act. Neither of statutory functions
entitled Bar Council to provide for disqualification, disability or an additional
condition for enrolment. The rule made by Bar Council of India which lays
down pre-enrolment training as pre-condition is ultra vires.
5. Power to punish for professional or other misconduct - Section 36 of the
Advocates Act empowers the Bar Council of India to punish an advocate for
professional or other misconduct. It provides that where on receipt of a
complaint or otherwise the Bar Council of India has reason to behave that
any advocate whose name is entered on any State roll has been guilty of
professional or other misconduct, it shall refer the case for disposal to its
disciplinary committee. The disciplinary committee of the Bar Council of India
may, either on its own motion or on a report by any State Bar Council or an
application made to it by any person interested, withdraw for inquiry before
itself any proceedings for disciplinary action against any advocate pending before
the disciplinary committee of any State Bar Council and dispose of the same.
8. Appellate power – Section 37 of the Advocates Act empowers the Bar Council
of India to hear appeal against the order of the disciplinary committee of a State
Bar Council made under Section 35 of the Act. It Provides that any person
aggrieved by an order of the disciplinary committee of a State Bar Council under
Section 35 for punishing an advocate for professional or other misconduct or the
Advocate-General of the State may, within 60 days of the date of the
communication of the order to him, prefer an appeal to the Bar Council of India.
Every such appeal shall be heard by the disciplinary committee of the Bar Council
of India which may pass such order including an order varying the punishment
awarded by the disciplinary committee of the State Bar Council thereon as it
deems fit. However, no order of the disciplinary committee of the State Bar
Council shall be varied by the disciplinary committee of the Bar Council of India
so as to prejudicially affect the person aggrieved without giving him reasonable
opportunity of being heard. Section 38 provides remedy to the person
aggrieved by the order passed by the disciplinary committee of the Bar Council
of India. It provides that any person aggrieved by an order made by the
disciplinary committee of the Bar Council of India under Section 36 or Section 37
of the Advocates Act or the Attorney-General of India or Advocate-General of the
State concerned, as the case may be, may within 60 days of the date on which
the order is communicated to him. prefer an appeal to the Supreme Court and
the Supreme Court may pass such order including an order varying the
punishment awarded by the disciplinary committee of the Bar Council of India
thereon as it deems fit. However, no order of the disciplinary committee of
the Bar Council of India shall be varied by the Supreme Court as so as to
prejudicially affect the person aggrieved without giving him a reasonable
opportunity of being heard. Disciplinary jurisdiction over advocates though rests
in Bar Councils, yet by virtue of section 38, final authority is with the Supreme
Court.
7. Other powers and functions - (i) The Bar Council of India may if it is satisfied
that any State Bar Council is in need of funds for the purpose of performing its
functions under the Advocates Act, give such financial assistance as it deems fit
to that Bar Council by way of grant or otherwise.
(ii) Where any country specified by the Central Government in this behalf by
notification in the official Gazette, prevents citizens of India from practicing the
profession of law or subjects them to unfair discrimination in that country no
subject of any such country shall be entitled to practice the profession of law in
India.
(iii) The Bar Council of India may, at any time, call for the record of any proceeding
under this Act which has been disposed of by a State Bar Council or a committee
thereof and from which no appeal lies for the purposes of satisfying itself
as to the legality or propriety of such disposal and may pass such orders in
relation thereto as it may think fit. It has been made clear that no order which
prejudicially affects any person shall be passed under this section without giving
him a reasonable opportunity of being heard.
(iv) The Bar Council of India or any of its committees other than its disciplinary
committee, may of its own motion or otherwise review any order within 60 days
of the date of that order was passed by it under the Advocates Act. In D. Saibaba
v. Bar Council of India , the Supreme Court has held that so far as the
commencement of period of limitation for filing the review petition is concerned
the expression "the date of that order" as occurring in section 48AA has to be
construed as meaning the date of communication or knowledge (actual or
constructive) of the order m the petitioner. (v) Section 48 makes provision in
respect of indemnity against the legal proceedings. It provides that no suit or
other legal proceeding shall lie against any Bar Council or any committee thereof
or a member of a Bar Council or any committee thereof for any act done in good
faith done or intended to be done in pursuance of the provisions of the Advocates
Act or any rules made there under.
CONCLUSION
The Bar Council of India has a lot of functions vested within itself, whereby
exercising those functions it can restructure and reframe the entire legal arena in
the country. In fact, it can be more predominantly envisaged that in modern
times it has hardly contributed constructively in the improvement of law in
India. There are certain loopholes in the legal arena in India today which the Bar
Council must look into, in order to protect the law standard from degradation and
to maintain the same standards.
 TABLE OF CONTENT
1- INTRODUCTION
2- HISTORY
3- STRUCTURE OF BAR COUNCIL OF INDIA
4- CONSTITUTION OF BAR COUNCIL OF INDIA
5- POWER AND FUNCTION OF BAR COUNCIL OF INDIA
6- CONCLUSION