Professional Ethics

BHAGAT PHOOL SINGH MAHILA VISVAVIDYALYA
SUBJECT - PROFESSIONAL ETHICS
TOPIC - COMPOSITION AND FUNCTION OF BCI
SESSION - 2020-21
SUBMITTED BY - SUBMITTED TO –
GEETA NAIN MISS. ANUPMA
CLASS – B.A.LL.B(4TH YR.)
ROLL NO. 17053017
POWER AND FUNCTIONS OF BCI
1) Introduction :
Chapter II of Advocates Act 1961 deals with the State Bar Councils and
the Bar Councils and the Bar Councils of India.
2) Constitution / organization / Composition of Bar Council of

India :
Section 4 (1) of the Advocate Act 1961 provides that 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) : 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 of
the Advocates Act.
Section 4(2) : Of the said 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) :This section 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
(Amendments) Act, 1977, assumes charge of the office.
The term of office :

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.
3) Bar Council to be body corporate (Section 5)
Every Bar Council shall be a body corporate having perpetual succession

and a common seal, with power to acquire and hold property, both
moveable and immovable, and to contract, and may by the name by
which it is known sue and be sued
4) Functions of Bar Council of India (Section 7)
Section 7 of the Advocates Act, 1961 provides that the functions of the
Bar Council of India shall be —
(i) to lay down standards of professional conduct and etiquette for
advocates;
(ii) to lay down the procedure to be followed by its disciplinary

committee and the disciplinary committee of each State Bar Council;
(iii) to safeguard the rights, privileges and interests of advocates;
(iv) to promote and support law reform;
(v) to deal with and dispose of any matter arising under this Act, which
may be referred to it by a State Bar Council;
(vi) to exercise general supervision and control over State Bar Councils;
(vii) to promote legal education and to lay down standards of such

education in consultation with the Universities in India imparting such
education and the State Bar Councils;
(viii) to recognize Universities whose degree in law shall be a
qualification for enrollment as an advocate and for that purpose to visit
and inspect Universities or cause the State Bar Councils to visit and
inspect Universities in accordance with such directions as it may give in
this behalf;
(ix) to conduct seminars and organize talks on legal topics by eminent

jurists and publish journals and papers of legal interest;
(x) to organize legal aid to the poor in the prescribed manner;
(xi) to recognize on a reciprocal basis foreign qualifications in law

obtained outside India for the purpose of admission as an advocate
under this Act;
(xii) to manage and invest the funds of the Bar Council;
(xiii) to provide for the election of its members;
(xiv) to perform all other functions conferred on it by or under this Act.
(xv) to do all other things necessary for discharging the aforesaid

functions;
(2) The Bar Council of India may constitute one or more funds in the
prescribed manner for the purpose of —
(a) giving financial assistance to organize welfare schemes for indigents,

disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this
behalf;
(c) establishing law libraries.
(3) The Bar Council of India may receive any grants, donations, gifts or
benefactions for all or any of the purposes specified in sub-section (2)
which shall be credited to the appropriate fund or funds constituted
under that sub-section.
THANKS
BY
GEETA NAIN
ROLL NO. 17053017

Professional Ethics

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BHAGAT PHOOL SINGH MAHILA VISVAVIDYALYA

SUBJECT - PROFESSIONAL ETHICS

TOPIC - COMPOSITION AND FUNCTION OF BCI

POWER AND FUNCTIONS OF BCI

2) Constitution / organization / Composition of Bar Council of

(a) the Attorney-General of India, ex officio;

(b) the Solicitor-General of India, ex officio;

Section 4(1-A) : No person shall be eligible for being elected as a

The term of office :

The term of office of a member of the Bar Council of India elected by

3) Bar Council to be body corporate (Section 5)

Every Bar Council shall be a body corporate having perpetual succession

4) Functions of Bar Council of India (Section 7)

(ii) to lay down the procedure to be followed by its disciplinary

(iii) to safeguard the rights, privileges and interests of advocates;

(iv) to promote and support law reform;

(vi) to exercise general supervision and control over State Bar Councils;

(vii) to promote legal education and to lay down standards of such

(ix) to conduct seminars and organize talks on legal topics by eminent

(x) to organize legal aid to the poor in the prescribed manner;

(xi) to recognize on a reciprocal basis foreign qualifications in law

(xii) to manage and invest the funds of the Bar Council;

(xiii) to provide for the election of its members;

(xiv) to perform all other functions conferred on it by or under this Act.

(xv) to do all other things necessary for discharging the aforesaid

(a) giving financial assistance to organize welfare schemes for indigents,

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