Module 1

Historical introduction to legal profession in India – Barristers, Vakils, High

Court Pleaders, Advocates, etc:
Development of legal profession in India can be divided into three phases are as follows -

1) Legal profession in ancient India -

In India during the earlier period, people live in small groups. The heads of these groups or tribes
delivered justice under open sky before all the members. Open arguments were made. There
were no specialist like a lawyer during those days. When Kingships was established in the
society, Kings delivered justice. In King's Court, the king was advised by his councilors. The law
of those days was a rooted in Hindu religion and custom. Dharma was protected by the king.
Though there was no Institution of a lawyer, some intellectual people served justice. From the
stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise man who solved
the critical cases of those days. During those days the legal profession was administered by the
administrators. For sometime religious heads dominated the society in administering the justice.
During those days, the sufferer presented complaint before the king in his court and thereafter the
court summoned the defendant to submit his reply. The Court then investigated the matter on the
evidence. The King took the advice of the religious heads and wise courtier and then delivered
the judgment. The same procedure was followed in all cases.

2) Legal profession in medieval India -

During the Muslim period, there was no Institution of the legal profession. But both the parties of
the litigation appoints their Vakils. This body decides the case and they were paid a percentage
of the amount in the suit. The Court has the power to decide who should be allowed to appear as
Vakils. They act as agent for principals but not as lawyers.

The same system was continued in North India even under the rule of East India Company.

3) Legal profession in British India -

During the British period, the model legal system was developed in India. Before 1726, the
courts derived their power not from the British crown but from the East India Company. The
charter of 1661 has already described the English law.

i) Charter of 1726 :

In 1726 the crown issued the charter of 1726, and the Mayor's Court were established in the
presiding towns of Bombay, Calcutta, and Madras. They where the royal Courts. They followed
the procedure based on English law. But there were no facilities to get the legal training. Many
persons who have no knowledge of law were used to practice before the said Courts. The
Mayor's Court has no jurisdiction in criminal cases. The criminal jurisdiction was conferred on
the Governor.

ii) Charter of 1753 -

In 1753, another charter was issued to modify the charter of 1726. This charger also ignored
significant provision for legal training and education relating to legal practitioner. Even after the
charter of 1753, the legal profession was not organized.

iii) Charter of 1774-

The Regulating Act, 1773 empowered the British Crown to establish a Supreme Court at
Calcutta by issuing a Charter. Accordingly, a supreme court at Calcutta was established by is
sung the charter of 1774.

Clause II of the Charter of 1774 empowered the said Supreme Court of Judicature Calcutta to
approve and enroll advocates and Attorneys- in-law. They were to be Attorneys of record. They
were authorized to appear and act in the supreme court. The supreme court had the power to
remove any advocate for Attorney on reasonable cause. Indian legal practitioners were not
allowed to enter the supreme court. At that time 'Advocate' means the British and Irish Barristers
and member of the faculty of advocates in Scotland. The term 'Attorney' applied to the British
attorneys or solicitor.

iv) The Bengal Regulation Act of 1793 :

The Bengal Regulation Act VII Of 1973 permitted qualified Hindu and Muslim persons only to
enroll as pleaders and the Bengal Regulation XII of 1833 allowed all the qualified persons of any
nationality or religion to enroll as a pleader of the Sardar Diwani Adalat.

v) The Legal Practitioners Act, 1846 -

The legal practitioners Act 1846 allowed at the people of any nationality or religion to act as
leaders. It also allowed attorneys and barristers enrolled in any of Her Majesty's courts in India to
plead in the company's Sardar Adalat.

The Legal Practitioners Act, 1853 - This Act authorized the barristers and Attorneys of the
Supreme Court to plead in any of the companies courts subordinate to Sadar court subject to
rules in force in the said subordinate courts as regards language or otherwise.

vi) Indian High Court Act, 1861 -

The Indian High Court Act, 1861 empowered the government to establish High Court in
Presidency towns. After the establishment of the High Courts, the Civil Courts were organized at
different towns. The criminal courts were organized by the Criminal Procedure Code 1898.
vii) Legal Practitioners Act 1879 -

Under the Legal Practitioners Act 1879 the term 'legal practitioner' means Advocate, Vakil or
attorney of a High Court and pleader, Mukhtar or revenue agent, who were non-graduates and
matriculates only. All these were brought under the jurisdiction of the high court. Vakils were
the persons who had taken the law degree from Indian Universities. Pleaders and mukhtars Were
the Indian lawyers but advocate were to be the barristers.

 Section 5 of the Act says that every person entered as an attorney on the role of any High
Court would be entitled to practice in all the courts subordinate To Such High Courts and in
all revenue offices.
 Section 6 of the Act Empowered the High Court to make rules consistent with the Act as to
Suspension and dismissal of pleaders and Mukhtars.
 Section 8 empowered the pleader to practice in courts and revenue offices after enrollment.
 Section 9 empowered the Mukhtar to practice in the courts after enrollment.
 According to Section 12, the High Court can Suspend or dismiss any pleader or Mukhtar if
he was convicted of any criminal offense and according to Section 13, the high court can
suspend or dismiss pleader or Mukhtar guilty of professional misconduct.
 Section 14 of the Act made provisions in respect of the procedure when the charge of
professional misconduct was brought in subordinate Court or revenue office.
 Section 17 of the Act deals with the power of chief controlling revenue authority to make
rules consistent with this act as to qualification, suspension, dismissal etc. of the revenue
agent.
viii) Indian bar committee 1923 -

A committee called Indian bar committee under the chairmanship of Sir Edward Chaminer was
constituted in 1923 to consider the issue of the organisation of the bar on all India basis. The
committee did not favor the establishment of All India Bar Council. It was of the view that bar
council should be constituted for each High Court.

Indian Bar Council Act 1926 -

In 1926, the Indian bar council of India Act was enacted to provide a bar council for each High
Court. The Bombay High Court and Calcutta High Court allowed non-barrister advocates to
practice. Thus the distinction between Barristers and advocates was abolished. The pleaders and
Mukhtars practicing in Mufusil Courts were not within the scope of the Indian bar council act
1926.

Even after the enactment of the Bar Council Act 1926, the High Court has the power of
enrollment of advocates and the functions of the bar council was the adversary in nature and the
rules made by the bar council were to be effective only on the approval of the high court. Section
10 of the Indian Bar Council Act 1926 empowered the high court to reprimand, suspend or
remove from practice any advocate of the high court if he was found guilty of professional
misconduct or other misconduct.

4) Legal profession in India after independence -

All India Bar Committee, 1951-

In 1951, the All India Bar committee was constituted under the chairmanship of justice S.R.Das.
The committee in its report recommended the establishment of an All India Bar Councils and
State Bar Councils. It recommended the powers of enrollment, suspension or the removal of
advocates to the Bar Council. It recommended the common role of advocates should be
maintained and they should be authorized to practice in all courts in the country. It further
recommended that there should be no further recruitment of non-graduated pleaders or mukhtars.
The similar recommendations Were made by the fifth Law Commission of India in its fourteenth
report.

Advocate Act 1961 -

As a result of the report of the "All India Bar Committee Act, 1961 " .the central government
enacted the Advocate Act 1961.This Act has been in Force In entire India. It brought
Revolutionary changes in the legal profession in India. It was set out to achieve the utility and
dignity of the profession of law on an all India basis. The Preamble of The says that the Act
amends as well as consolidates the law relating to legal practitioners.

The Advocate Act,1961 contains 60 Sections set out in 7 chapters.

1. Chapter I - deals with primary issues such as short title, extent and commencement and
definitions.
2. Chapter - II Section 3 to15 deals with the bar councils.
3. Chapter III Section 16 to 28 deals with admission and enrolment of advocates.
4. Chapter IV deals with the right to practice chapter.
5. Chapter V Section 35 To 44 deals with the conduct of advocate.
6. Chapter VI Miscellaneous issues.
7. Chapter VII deals with the temporary and transitional provisions.
The Advocate Act 1961 repeals the Indian Bar Council Act,1926 and all other laws on the
subject.

The Advocate Act,1961 provides for an autonomous bar council in each state and All India Bar
Council consisting mainly of the representatives of the state bar councils. Under the act, a state
bar council is to enroll the qualified person as advocates and a prepare a roll of advocates
practicing in the state and thereafter a comment roll of advocates for the whole of India is to be
prepared by the bar council of India.
The Advocates whose Names are entered in the common roll would be entitled as of right to
practice in all courts in India including the Supreme Court. Advocate Act 1961 amended many
times to bring changes with the changing times and to solve the practical problems.

The All India Bar Committee, 1951 and the passing of Indian Advocates Act,
1961:
The Indian Bar Councils Act had left the pleaders, Mukhters etc. practicing in the mofussil
courts entirely out of its scope and did not bring about a unified Indian Bar. Further, the Councils
constituted under the Act were merely advisory bodies and were neither Autonomous nor had
any substantial authority. The Indian Legal profession was not satisfied with what had been
achieved by the Act of 1926. The Indian Practitioners had three main aims in view, namely:

1. The abolitions of all distinctions between various classes and grades of the legal practitioner,
2. The democratization of Bar Councils by bringing in representatives Mofussil Lawyers on
them,
3. The taking away of the control exercised by the High Courts over the members of the legal
profession, and vesting the same in the Bar Council.

To end this, they continued the effort for a long period of time. With the establishment of the
Supreme Court of India in 1950, under the new consideration, a new stimulus was given to the
demand for a unified All India Bar.

Accordingly, in 1951 the Govt. of India constituted a Committee under the chairmanship of
Justice S. R. Das of the Supreme Court to examine a report on –

1. The desirability and feasibility of a completely unified Bar for the whole of India.
2. The continuance or abolition of the dual system of council and solicitor which obtains in the
Supreme Courts and in the High Courts of Bombay and Calcutta.
3. The continuance or abolition of different classes of legal practitioners, like advocates of the
Supreme Courts, advocates of the various High Courts, district court pleaders, Mukhters,
revenue agents, income tax practitioners etc.
4. The desirability or feasibility of establishing a single Bar Council – For the whole of India; or
For each state
5. The establishment of a separate Bar Council for the Supreme Court
6. The consolidation and revision of the various enactments relating to legal practitioners.

The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British
Parliament enabled the Crown to establish High Courts in India by Letters Patent and these
Letters Patent authorized and empowered the High Courts to make rules for advocates and
attorneys (commonly known as Solicitors). The law relating to Legal Practitioners can be found
in the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (17 of 1920)
and the Indian Bar Councils Act, 1926 (38 of 1926).After Independence it was deeply felt that
the Judicial Administration in India should be changed according to the needs of the time. The
Law Commission was assigned the job of preparing a report on the Reform of Judicial
Administration. In the mean while the All India Bar Committee went into detail of the matter and
made its recommendations in 1953. To implement the recommendations of the All India Bar
Committee and after taking into account the recommendations of the Law Commission on the
subject of Reform of Judicial Administration in so far as the recommendation relate to the Bar
and to legal education, a Comprehensive Bill was introduced in the Parliament.Statement of
Objects and Reasons The Bill seeks to implement the recommendations of the All India Bar
Committee made in 1953, after taking into account the recommendations of the Law
Commission on the subject of Reform of Judicial Administration in so far as the
recommendations relate to the Bar and to legal education.The main features of the Bill are, -

1. The establishment of an All India Bar Council and a common roll of advocates, and advocate
on the common roll having a right to practice in any part of the country and in any Court,
including the Supreme Court;

2. The integration of the bar into a single class of legal practitioners know as advocates;

3. The prescription of a uniform qualification for the admission of persons to be advocates;

4. The division of advocates into senior advocates and other advocates based on merit;

5. The creation of autonomous Bar Councils, one for the whole of India and on for each State.

Following the recommendations of the All India Bar Committee and the Law Commission, the
Bill recognized the continued existence of the system known as the dual system now prevailing
in the High Court of Calcutta and Bombay, by making suitable provisions in that behalf: It
would, however, be open to t he two High Courts, if they so desire, to discontinue this system at
any time.

Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other
laws on the subject.The Notes on clauses explain, whenever necessary, the various provisions of
the Bill.

Act 25 of 1961: The Advocate Bill was passed by both the Houses of Parliament and it received
the assent of the President on 19the May,1961 and it become The Advocates Act,1961 (25 of
1961).

The Advocates Act 1961:

Definitions: Section 2 in THE ADVOCATES ACT, 1961
(1) In this Act, unless the context otherwise requires,—

(a) “advocate” means an advocate entered in any roll under the provisions of this Act;

(b) “appointed day”, in relation to any provision of this Act, means the day on which that
provision comes into force; 2[***]

(d) “Bar Council” means a Bar Council constituted under this Act;

(e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to
which this Act extends; 3[***]

(g) “High Court”, except in sub-section (1) [and sub-section (1A)] of section 34 and in sections
42 and 43, does not include a court of the Judicial Commissioner, and, in relation to a State Bar
Council, means,—

(i) in the case of a Bar Council constituted for a State or for a State and one or more Union
territories, the High Court for the State;

(ii) in the case of the Bar Council constituted for Delhi, [the High Court of Delhi];

(h) “law graduate” means a person who has obtained a bachelor’s degree in law from any
University established by law in India;

(i) “Legal practitioner” means an advocate [or vakil] or any High Court, a pleader, mukhtar or
revenue agent;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “roll” means a roll of advocates prepared and maintained under this Act;

(l) “State” does not include a Union territory;

(m) “State Bar Council” means a Bar Council constituted under section 3;

(n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under
section 17. [(2) Any reference in this Act to a law which is not in force in the State of Jammu and
Kashmir or in the Union territory of Goa*, Daman and Diu, shall, in relation to that State or that
territory, be construed as a reference to the corresponding law, if any, in force in that State or
that territory, as the case may be.]

Constitution and function of State Bar Councils and Bar Council of India:
The 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 safegurd the rights, privileges and interests ofadvocates.
4. To pramote 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 pramote legal education and to lay down standards of legal education This is done in
consultation with the Uni versi ties in India impating legal educati on 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 a dismission 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 fiancial assistance to organize welfare schemes for poor, disabled or other advocates,
2. Giving legal aid, and
3. Establishing law libraries.

Powers of State Bar Council

a) Power to make rules

The State Bar Council has been empowered to make rules to carry on the purposes of section 16
to Section 27 of the Advocate Act, 196, dealing with the admission and enrollment of advocate,
Section 28(1) provides that the State Bar Council may make rules to carry out the purposes of
chapter III (Section 16 to section 28) of the Act but this rules shall not effective unless approved
by Bar Council of India.

b) Power to punish Advocate

The State Bar Council has Power to punish an advocate for professional misconduct and other
misconduct. The Disciplinary Committee of the State Bar Council may make any of the
following order -

(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;

(b) reprimand the advocate;

(c) suspend the advocate from practice for such period as it may deem fit;

(d) remove the name of the advocate from the State roll of advocates.

c) To appoint Committees and Staff Members

A bar Council establishes several committees to its function under this Act including the
disciplinary committee, Executive Committee, Enrollment Committee, etc. Every such
committee is allotted a distinct function to carry.

d) To Maintain Accounts and Conduct Audit

Section 12. of Advocate Act 1961 provides that every Bar Council shall cause to be maintained
such books of accounts and other books in such form and in such manner as may be prescribed.
The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of
companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may
be prescribed. A State Bar Council shall send a copy of its accounts together with a copy of the
report of the auditors thereon to the Central Government and shall cause the same to be
published in the Gazette of India

Functions of State Bar Council :

a) General functions -

Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of the State
Bar Council.

Functions of State Bar Councils

(1) to admit persons as advocates on its roll;

(2) to prepare and maintain such roll;

(3) to entertain and determine cases of misconduct against advocates on its roll;

(4) to safeguard the rights, privileges and interests of advocates on its roll;
 (5) to promote the growth of Bar Associations for the purposes of effective implementation
of the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of
sub-section (2) of section 7;

(6) to promote and support law reform;

(7) to conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and paper of legal interest;

(8) to organise legal aid to the poor in the prescribed manner;

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

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

(11) to visit and inspect Universities in accordance with the directions given under clause (i)
of sub-section (1) of section 7;

(12) to perform all other functions conferred on it by or under this Act; (i) to do all other
things necessary for discharging the aforesaid functions.

A State Bar Council may constitute one or more funds in the prescribed manner for the purpose
of—

(a) giving financial assistance to organise welfare schemes for the indigent, disabled or
other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf;

(c) establishing law libraries.

A State Bar Council 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.

b) To Issue Certificates of Enrollment -

Section 22 of Advocate Act 1961 provides that, There shall be issued a certificate of enrollment
in the prescribed form by the State Bar Council to every person whose name is entered in the roll
of advocates maintained by it under this Act. Every person whose name is so entered in the State
roll shall notify any change in the place of his permanent residence to the State Bar Council
concerned within ninety days of such change.

c) To Maintain Roll of Advocates -

Section 17. of Advocate Act, 1961 provides that every State Bar Council shall prepare and
maintain a roll of advocates in which shall be entered the names and addresses of all persons
who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act,
1926, immediately before the appointed day including persons, being citizens of India, who
before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area
which before the said date was comprised within India as defined in the Government of India
Act, 1935, and who at any time express an intention in the prescribed manner to practice within
the jurisdiction of the Bar Council also enroll all other persons who are admitted to be advocates
on the roll of the State Bar Council under this Act on or after the appointed date.

Each such roll of advocates shall consist of two parts - the first part containing the names of
senior advocates and the second part, the names of other advocates.

Section 19 of the Advocate Act, 1961, requires the State Bar Council to send copies of rolls of
advocates to the Bar Council of India. It provides 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 alterations
in, the additions to, any such roll, as soon as the same have been made.

Term of Office:
The Bar Council of India

The Bar Council of India consists of-

 Chairman elected by BCI for a period of 2 years (Current: Manan Kumar Mishra)
 Vice-Chairman elected by BCI for a period of 2 years (Current: Satish Abarao Deshmukh)
 Elected members from each State Bar Council (Elected for a period of five years).
 The Attorney General of India (ex-officio member)
 The Solicitor General of India (ex-officio member)
Additionally, BCI comprises of various committees like the Legal Education Committee, Legal
Aid Committee, All India Bar Examination Committee etc. that make recommendations to the
Council. The members of these committees are elected from amongst the members of the
Council.

State Bar Council of India:

According to Section 8 of Advocates Act, the term of office of an elected member of a State Bar
Council (other than an elected member thereof referred to in section 54) shall be five years from
the date of publication of the result of his election.

Provided that where a State Bar Council fails to provide for the election of its member before the
expiry of the said term, the Bar Council of India may, by order for reasons to be recorded in
writing, the Bar Council of India may, by order, extend the said term for a period not exceeding
six months.

Various sub-committees including Disciplinary Committee and the

qualification for their membership:
1. LEGAL EDUCATION COMMITTEE:

The Legal Education Committee consists of five members of the Bar Council of India and five
co-opted members to represent the judiciary, the Law Mini stry, the University Grants
Commission and academia. The committee makes recommendations to the Bar Council of India
on all matters pertaining to legal education in the country. The committee elects its own Chai
rman. The Legal Education Committee has the power:

•To make rcommendations to the Council for laying down the standards of legal education for
Universities.

•To visit and inspect Universities and report 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 recognised.

•To recommend to the Council for ecognition of any degree in law of any University in the
territory of ndia.

•To recommend the discontinuance of recognition of any University already ma de by the

Council.Prec isely, Legal education matters within the Bar Council are regulated by the Lega
lEducat ion Committee, which consists of five Members of the Bar Council of India And five
Members co-opted from outside and they represent Judiciary, Law Ministry, University Gants
Commission and Academicians. This is a high powered commi ttee which makes
recommendations to the Bar Council of India on all matters pertai ni ng to Legal Education in the
country. The Legal Education Committee elects its own Chairman.

2. DISCIPLINARY COMMITTEE

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

Powers of Disciplinary committee

1) The disciplinary committee of a Bar Council shall have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following
matters, namely —

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring discovery and production of any documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copies thereof from any court or office;

(e) issuing commissions for the examination of witness or documents;

(f) any other matter which may be prescribed:

Provided that no such disciplinary committee shall have the right to require the attendance of —

(a) any presiding officer of a Court except with the previous sanction of the High Court to which
such court is subordinate;

(b) any officer of a revenue court except with the previous sanction of the State Government.

2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be

judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860,
and every such disciplinary committee shall be deemed to be a civil court for the purposes of
sections 480, 482 and 485 of the Code of Criminal Procedure, 1898.

3) For the purposes of exercising any of the powers conferred by sub-section (1), a disciplinary
committee may send to any civil court in the territories to which this Act extends, any summons
or other process, for the attendance of a witness or the production of a document required by the
committee or any commission which it desires to issue, and the civil court shall cause such
process to be served or such commission to be issued, as the case may be, and may enforce any
such process as if it were a process for attendance or production before itself.

4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on

date fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit,
hold or continue the proceedings on the date so fixed and no such proceedings and no order
made by the disciplinary committee in any such proceedings shall be invalid merely by reason of
the absence of the Chairman or member thereof on any such date:

Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be
made in any proceeding unless the Chairman and other members of the disciplinary committee
are present.
5) Where no final order of the nature referred to in sub-section (3) of section 35 can be made in
any proceedings in accordance with the opinion of the Chairman and the members of a
disciplinary committee either for want of majority opinion amongst themselves or otherwise, the
case, with their opinion thereon, shall be laid before the Chairman of the Bar Council concerned
or if the Chairman of the Bar Council is acting as the Chairman or a member of the disciplinary
committee, before the Vice-Chairman of the Bar Council, and the said Chairman or the Vice
Chairman of the Bar Council, as the case may be, after such hearing as he thinks fit, shall deliver
his opinion and the final order of the disciplinary committee shall follow such opinion.

3. EXECUTIVE COMMITTEE

The Executive Committee is the executive authority of the Council, and is responsible for giving
effect to the resolutions of the Council.Members of the Executive Committee are elected from
amongst the members of the Bar Council of India. The committee elects its Chai man and Vice-
chairman. The Executive Committee has the power:

•To manage the funs of the Council,

•To invest the funds of the Council in the mamer directed by the Council from time to time.

•To grant leave to members of the staf, other than casual leave,

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

•To appoint and supervise the work of the members of the staff and prescribe their conditios of
service

•To appoint auditors and fix their remuneration,

•To consider the annual audit report and place it before the Council with its comments for its
consideration,

•To maintain a library and under the directions ofthe Council, publish any journal, treatise or
pamphlets on legal subjects,

•To prepare and place before the Council, the annual administration report and the statement of
account,

•To provide for proper annual inspection of the office and its registers,

•To authorise the Secretary to incur expenditure within prescribed limits,

•To fix travelling and other allowances to members of the committees of the Council, and to
members of the staff,
•To delegate to the Chaiman and/or the Vice-Chairman any of its aforementioned powers,

•To do all other things necessary for discharging the aforesaid functions.

4. ADVOCATE WELEARE COMMITTEE

The Advocates Welfare Committee looks into applications made by advocates through vari ous
State Bar Councils for welfare funds. The committee verifies the application and allocates funds.
The Advocates Welfare committee is empowered by the Advocates Welfare Fnd Act, 2001. The
State Bar Council shall pay to the Fund annually, an amount equal to twenty per cent of the
enrolment fee received by it from advocates c lause (f) of Section 24 of the Advocates Act.

The members of the Advocates Welfare Committee are elected from amangst the members of the
Bar Council of India. The term of each member in this committee is two years.

5. LEGAL AID COMMITTEE The Legal Aid Commi ttee provides aids to those requiring
legal ass istance.

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

7. RULES COMMITTEE The Rules Committee reviews the rules and regul ations of the
Council.

Constitution, functions and procedure of Committees of the Bar Council of

India
1. The Council may appoint from amongst its members, one or more Committees as it may
deem necessary, in addition to those specified in the Act and delegate such powers, duties,
and functions to such Committees as it deems fit.
2. Any casual vacancy in the above Committees shall be filled up by the Council.
3. Save where the Chairman or the Vice-Chairman is a member of the Committee or the Sub-
Committee, the Committee or the Sub-Committee shall choose its Chairman for the meeting
unless at the time of the constitution thereof the name of the Chairman has been specified.
4. Unless otherwise determined at the time of the election, the term of the members of the
Committees of the Council shall be as follows:
 Executive Committee – 2 years
 Disciplinary Committee – 3 years
 Legal Education Committee – 4 years
 Legal Aid Committee – 2 years
 Advocates Welfare Committee – 2 years
 Any other Committee not falling under the above clauses – 2 years
Power to make rules Sections 3 to 15:
Rule making power, Section 15 of Advocates Act, 1961

The Bar Council of India may make rules which may provide for:

1. The election of members of the Bar Council by secret ballot

2. The manner of election of the Chairman and Vice Chairman of the Bar Council
3. The manner in which and the authority by which doubt and disputes as to the validity of the
election to the Bar Council shall be decided
4. Filling of casual vacancy
5. The powers and duties of the Chairman and Vice Chairman
6. The constitution of one or more funds by a Bar Counil for the purpose of giving financial
assistance of legal aid
7. Organization of legal aid
8. The summoning and holding of meetings of Bar Council, the conduct of business
9. The constitution and functions of any other committee
10. The summoning and holding of meetings, the conduct of business of such committees,
number of members etc
11. The qualifications and conditions of service of the secretary
12. The maintenance of books of accounts and other books
13. The appointment of auditors and audit the accounts
14. The management and investment of funds
15. No rules made under this section by a State Bar Council shall have effect unless they have
been approved by the State Bar Council

esult.