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 enrol
themselves as advocates upon graduation.

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.

Section4(2) of the Act provides that there shall be a Chairman and a Vice- Chairman
of the Bar Council of India elected by the Council in such manner as may be
prescribed.

Section 4(2-A) of the Act makes it clear that a person holding office as Chairman or
as Vice-Chairman of the Bar Council of India immediately before the commencement
of the Advocates(Amendment) Act, 1977, shall, on such commencement, cease to
hold office as Chairman or Vice- Chairman, as the case may be: 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, 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. (ii)in any other case, be for the period for which he holds office as a member
of the State Bar Council:
III. 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.
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 pres
cribed. Thedisciplinary 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.

HISTORY of bar council of India.

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 uniformlyhigh standards for law examinations in
different Universities. In May 1950, the MadrasProvincial Lawyers Conference, held
under the presidency of Shri S.Varadachariar, resolved thata committee appointed by
the Government of India should evolve a scheme for an all-India Barand amend the
Indian Bar Councils Act such that it conforms to the new Constitution. On April12,
1951, Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, proposed a bill
toamend the India Bar Councils Act. The Government of India concluded that it was
necessary forthe Government to sponsor the Bill. In August 1951, a Committee of
Inquiry was set up toconsider the feasibility of a unified Bar in India, the continuance
or abolition of the dual systemof counsel for each state, possibility of a separate Bar
Council for the Supreme Court and therevision of enactments related to the legal
profession.

4. STRUCTURE OF THE BAR COUNCIL OF INDIA.

The Bar Council of India consists of 18 Members. The Attorney General of India and
theSolicitor General of India are Ex-officio Members of the council and the other 16
Membersrepresent the 16 State Bar Councils in the country. The Members are elected
for a period of fiveyears and the Chairman and vice -Chairman are elected for a period
of two years from among theMembers of the Bar Council of India. The Bar Council
further consists of various committeesviz., Legal Education Committee, Disciplinary
Committee, Executive Committee, Legal AidCommittee, Advocates Welfare Fund
Committee, Rules Committee and various otherCommittees formed to look into
specific issues arising from time to time.

(I). 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 disciplinarycommittees
of each State Bar Council.
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 inconsultation 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 anAdvocate. The Bar Council of India
visits and inspects Universities, or directs the State BarCouncils 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 Indiafor 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 constitute
funds for the following purposes:1. giving financial assistance to organize welfare
schemes for poor, disabled or other advocates,2. Giving legal aid, and3. Establishing
law libraries.The Bar Council of India can also receive grants, donations, and gifts for
any of these purposes.With respect to the point 6, (stated above) the Supreme Court
has made it clear that the questionof importing legal education is entrusted to the
Universities in India and not to the Bar Councilof India. All that the Bar Council can
do is to suggest ways and means to promote suck legal

ducation to be imparted by the Universities and for that purpose it may lay down the
standardsof education. Sections 7 do not entitle the Bar Council itself to frame rules
laying down pre-enrolment as Advocate.

(II).COMMITTEES OF BAR COUNCIL OF INDIA.

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 LegalEducation Committee, and an Executive Committee (under
section 10). Chapter III of the BarCouncil of India Rules permit the Council to appoint
from amongst its members, one or morecommittees in addition to those specified in
the Act. The Council can delegate powers, duties,and functions to these
committees.The term of the members of the committees of the Council has been
specified in Chapter III ofthe Bar Council of India Rules. A different term can be
specified at the time of election.

(III). LEGAL EDUCATION COMMITTEE.

The Legal Education Committee consists of five members of the Bar Council of India
and fiveco-opted members to represent the judiciary, the Law Ministry, the University
GrantsCommission, and academia. This committee makes recommendations to the
Bar Council of Indiaon all matters pertaining to legal education in the country. The
committee elects its ownChairman.The Legal Education Committee has the power:

• To make recommendations to the Council for laying down the standards of le

gal education forUniversities.

• To visit and inspect Universities and rep

ort the results to the Council.

• To recommend to the Council the conditions subject

to which foreign qualification in law obtained by persons other than citizens of India
may be recognized.

To recommend to the Council for recognition of any degree in law of any Univer

sity in theterritory of India.

• To recommend the discontinuance of

recognition of any University already made by theCouncil.Precisely, Legal education

matters within the Bar Council are regulated by the LegalEducation Committee, which
consists of five Members of the Bar Council of India andfive Members co-opted from
outside and they represent Judiciary, Law Ministry,University Grants Commission
and Academicians. This is a high powered committeewhich makes recommendations
to the Bar Council of India on all matters pertaining toLegal Education in the country.
The Legal Education Committee elects its own Chairman.

(IV). DISCIPLINARY COMMITTEE

.The disciplinary committee of the Bar Council of India hears applications for revision
by personsagainst summary dismissal of their complaints against advocates for
professional misconduct, bythe State Bar Councils.Appeals lie before the Bar Council
of India against orders of the disciplinary committees of theState Bar Councils. Every
such appeal is heard by the disciplinary committee of the Bar Councilof India, which
may pass an order, including an order varying the punishment awarded by
thedisciplinary committee of the State Bar Council.Each disciplinary committee
consists of three members. The term of the members of thiscommittee is three years.

(V). EXECUTIVE COMMITTEE

The Executive Committee is the executive authority of the Council, and is responsible
for givingeffect to the resolutions of the Council. Members of the Executive
Committee are elected fromamongst the members of the Bar Council of India. The
committee elects its Chairman and Vice-chairman.The Executive Committee has the
power:

To m

anage the funds of the Council,

• To invest the funds of the Council in the manner directed by

the Council from time to time,

• To grant leave to members of the

staff, other than casual leave,

• To prescribe books of account, registers and files for the proper management

of the affairs ofthe Council,

• To appoint and supervise the work of the members of the staff and prescr

ibe their conditions ofservice

• To appoint auditors

and fix their remuneration,

• To consider the annual audit report and place it before the Council with its

comments for itsconsideration,

• To maintain a library and under the directions of the Council, publish any journal,
treatise

or pamphlets on legal subjects,

• To prepare and place before the Council, the annual administration repor

t and the statement ofaccount,

• To provide for proper annual inspection o

f the office and its registers,

• To

authorize the Secretary to incur expenditure within prescribed limits,

• To fix travelling and other allowances to members of the committees of the Counci

l, and tomembers of the staff,

• To delegate to the Chairman and/or the Vice

-Chairman any of its aforementioned powers,

• To do all other things necessary for d

ischarging the aforesaid functions.

(VI). ADVOCATE WELFARE COMMITTEE.

The Advocates Welfare Committee looks into applications made by advocates

through variousState Bar Councils for welfare funds. The committee verifies the
application and allocates funds.
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 theenrolment fee received by it from

advocate‟s

clause (f) of Section 24 of the Advocates Act.The members of the Advocates Welfare
Committee are elected from amongst the members of theBar Council of India. The
term of each member in this committee is two years.

(VII). LEGAL AID COMMITTEE.

The Legal Aid Committee provides aids to those requiring legal assistance.

BUILDING COMMITTEE.

The Building Committee is responsible for setting up offices for the Council.

RULES COMMITTEE.

The Rules Committee reviews the rules and regulations of the Council.

(VIII). MEMBERS OF THE BAR COUNSIL OF INDIA.

-The council elects its own chairmen for a period of two years amongst itsmembers.

Vice-chairmen - The council elects its own vice-chairmen for a period of two
yearsamongst its members.
Attorney General of India-

Indian government‟s

chief legal advisor and its primarylawyer in dealing with the Supreme court of India.
He is appointed by the president ofIndia.

Solicitor General of India- is the second law officer of the country. He assists the
attorneygeneral and is himself assisted by several additional Solicitor General of
India.

Members elected from each state bar council- they are elected for a period of five
years.

HEAD OF THE BAR COUNSIL OF INDIA.

The chairmen is the head of the bar council of India, as of January 2013 is Mr. Manan
KumarMishra, a senior advocate is the chairmen of Bar council of India.

ADDRESS OF THE BAR COUNSIL OF INDIA

.Bar council of India is situated at 21, Rouse Avenue Institutional area, near Bal
Bhawan, NewDelhi-110002,

5. STATE BAR COUNCILS.A.

ESTABLISHMENT AND ORGANIZATION OF THE STATE BAR COUNCIL

There shall be a Bar Council(A) for each of the States of Andhra Pradesh, Bihar,
Gujarat, Jammu and Kashmir, MadhyaPradesh, Karnataka, Orissa, Rajasthan and
Uttar Pradesh, to be known as the Bar Council of thatState;(B) for the States of
Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram Nagaland andTripura to
be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur,
Tripura,Mizoram and Arunachal Pradesh(C) for the State of Kerala and the Union
Territory of Lakshadweep, Minicoy and Amindiviislands to be known as the Bar
Council of Kerala; for the State of Tamil Nadu and the UnionTerritory of Pondicherry
to be known as the Bar Council of Madras;(D) For the States of Maharashtra and Goa
and the Union Territories of Dadra and Nagar Haveliand Daman and Diu, to be known
as the Bar Council of Maharashtra and Goa;](E) For the States of Punjab and Haryana
and the Union Territory of Chandigarh, to be known asthe Bar Council of Punjab and
Haryana;(F) For the State of Himachal Pradesh, to be known as the Bar Council of
Himachal Pradesh;](G) For the State of West Bengal and the (Union territory of
Andaman and Nicobar Islands), to be known as the Bar Council of West Bengal;
and(H) For the Union Territory of Delhi, to be known as the Bar Council of Delhi

POWER AND FUNTION OF THE STATE BAR COUNCILS

Sec. 6 of the advocates act makes provision in respect of the function of state bar
council. It provides that the function of the state bar council shall be-(a)

To admit persons as advocate on its rolls:(b)

To prepare and maintain such roll:(c)

To entertain and determine cases of misconduct against advocates on its roll:(d)

To safeguard the rights, privileges and interests of advocates on its roll:(e)

To promote and support law reform:(f)

To conduct seminars and organize talk on legal topics by jurists and publish journals
and papers of legal interests:(g)

To organized legal aid to the poor in prescribed manner:(h)

To manage and invest the funds of the bar council:(i)

To provide for the election of its members:(j)

To perform all other functions conferred on it by or under this act:(k)

To do all other things necessary for discharging the

aforesaid functions. Now, State bar council issued a certificate
of enrollment in the prescribed form. Than state barcouncil shall notify any change in
the place of his permanent residence within 90 days of suchchange to every person
whose name is entered in the state roll.Section 48 of the advocates act makes provision
in respect of indemnity against the legal proceedings.

(I).ADMISSSIONS AS ADVOCATES ON A STATE ROLL.

if any persons fulfill the conditions or terms for admissions as advocates, or enrolled
as advocateunder this act and under the state bar council, an application of admissions
of admissions shallme made in the prescribed form to the state bar council within
whose jurisdiction the applicant proposes to practices. Which is clearly defined under
section 24 of the advocates act.Section 26-A of the advocate act empowers a state bar
council to remove from the state roll thename of any advocate who is dead or from
whom a request has been received or that effect.

Section 27 of the act state bar council refuses the application of any person on its roll,
No otherstate bar council shall entertain an application for admissions of such person
as an advocate onits rolls, except with the previsions consent in writing of the state
bar council which refused theapplication and of the Bar Council of India.And the state
bar council is required to issue a certificate of enrollment in the prescribed form
toevery persons. Whose name is entered in the roll of advocates maintained by it under
the act.

(II).MAINTAINS OF ROLL OF ADVOCATES

Section 17 provides every state bar council shall prepare and maintain a roll of
advocates inwhich shall be entered the name and address of-1.

All persons who were entered as advocates on roll of any High court under Indian
BarCouncils, 1926, immediately before the appointed day including persons being
citizens ofIndia who before 15-8-1947, were enrolled as advocate under the said act
in any areawhich before the said date was comprised within India as defined in the
government ofIndia act 1935, at any time express or entertain in the prescribed manner
to practicewithin the jurisdiction of the bar council.2.

All other persons who are admitted to be advocates on the roll of the state bar
councilunder this act on or after the appointed dateEach such roll of advocates shall
consist of two parts, the first part containing the names ofsenior advocates and second
part, the names of other advocates.

(III).RULE MAKING POWER

The state bar council has been empowered to make rules regarding the for the welfare
of theadvocates, such rules may provide for:-(A). the time within which and form in
which an advocate shall express his intention for theentry of his name in the roll of a
state bar council under section 20.

(b). the form in which an application shall be made to the bar council for admissions
as anadvocate on its roll and the manner in which such application shall be disposed
of by theenrollment committee of the bar council.(c). the conditions subject to which
a person may be admitted as an advocate on any suchroll:(d). the instalments in which
the enrollment fee may be paid.

(IV).POWER TO PUNISH FOR PROFESSIONAL OR OTHER

MISCONDUCT

State bar council makes any rules or provision for the professional and
misconduct,accordinglya.

Date fixed for hearing by State bar council b.

Notice to advocate Generalc.

Refer case to disciplinary committeed.

Opportunity of being hearde.

Decision1.

Dismissal after hearing2.

Reprimand the advocate3.

Suspend from practice4.

Removed name of advocate from the state roll

(V).MAINTAINCE OF ACCOUNTS

Section 12 of this act provides every bar council maintained books of accounts and
other booksin such form and in such manner as may be prescribed. And it shall be
follow by IndianCompanies act, 1956. And it is published by Central government.