Introduction:-

>> The Bar Council of India is a statutory body that was established under the Advocates Act, 1961
to supervise and regulate the legal practice as well as legal education in India. The Bar Council also
plays the role of a regulatory body by conducting a yearly exam called the All India Bar Examination
(AIBE) to select the individuals who can practice in the courts in the country.

>> The Council exercises disciplinary jurisdiction by prescribing the standards of professional
conduct and etiquette for the bar of India. Their aim is to protect the rights, interests and privileges of
the advocates in India.

>> In the wider sense, the Bar Council of India has been established under the Advocates Act 1961
to act as a statutory and regulatory body for the legal profession and education in India as well as
being the representative of the legal profession in the country.

What is the Bar Council:-

>> The Bar Councils of India have been established under Section 4 of the Advocates Act 1961 on
the recommendation of the All India Bar Committee in the year 1961 to operate on the national level
along with the respective State Bar Councils. The State Bar Councils have been established under
Section 3 of the Act.

>> The Bar Council of India consists of members that are elected from each State Bar Council and
the Attorney General of India and the solicitor of India who are ex-officio members.

>> The members of the State Bar Councils are elected for a period of five years. The Council has
the power to elect its own Chairman and Vice- Chairman for a period of two years from amongst its
members

Legal Provisions:-
>> The Advocates Act provides for the constitution of the Bar Councils as well as the All-India Bar.
More specifically, Section 3 of the Act talks about the State Bar Council and Section 4 mentions the
Bar Council of India. Section 4 also talks about the composition and the structure of the Bar Council
of India.

>> Section 5 of the Act establishes the Bar Council of India as a corporate body and states that it will
have perpetual succession and a common seal. It also empowers the Bar Council to sue by the
name by which it is known.

>> The Bar Council of India Rules are the rules and regulations laid down to exercise the procedure
and manner of conduct in which the Bar Council of India and the State Bar Councils are supposed to
function. The Bar Council of India Rules lays down the procedure for the election and the termination
of the members of the council.

>> It lays down the conditions for the qualifications and conditions for the selection of various
members of the staff.it also specifies the procedure of the meetings of the council or the meetings of
the committees and their reports.
Objectives and Functions:-
>> The primary objection of BCI is to control and administer the working of all immediate subsidiary
state-level bar councils other than setting out the measures of professional conduct and etiquette.

>>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 recognise 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 organise legal aid to the poor.

10. To recognise 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 constitute funds for the following purposes:
i) Giving financial assistance to organise welfare schemes for poor, disabled or other advocates,
ii) Giving legal aid, and
iii) Establishing law libraries.
The Bar Council of India can also receive grants, donations, and gifts for any of these purposes.

Powers of Bar Council of India:-

The Bar Council of India has the power to make rules under the provisions of Section 15 of the
Advocates Act. The Bar Council may make bye-laws consistent with this Act and any rules made
there under to provide for any of the following matters, namely:

>> The appointment of such ministerial officers and servants as the Bar Council may think essential,
as well as their pay, allowances, and other working conditions; and

>> The appointment and organization of Council Committees, their procedures, and the
determination of the Council's powers and functions that may be delegated to such Committees.

>> The Bar Council may create rules to govern the admission of persons to be advocates of the High
Court, with the prior approval of the High Court; provided, however, that such regulations shall not
limit or in any way influence the High Court's discretionary jurisdiction to reject admission to any
person.

>> No woman shall be barred from becoming an advocate solely because of her gender.

>> The summoning and holding of Bar Council meetings, the conduct of business threats, and the
number of members required to form a quorum;

>> The constitution and functions of any Bar Council committee, as well as the term of office of
members of any such committee;

>> The Bar Council's responsibility for keeping books of accounts and other records;

>> Appointment of auditors and auditing of the Bar Council's accounts;

>> The management and investment of the Bar Council's money.

>> BCI has the power to conduct the All India Bar Examination (since 2010) wests an advocate's
ability to practice law. An aan advocate must pass this examination to practice law in any court.

>> BCI also conducts the National Moot Court the competition promotes advocacy skills amongst
law students through Bar Council of India Trust (public charitable trust). There is an Indian Bar
Review which is a quarterly journal of BCI and is among the top legal periodicals in the country.

>> The Bar council also has the power to set up various committees for the smooth functioning and
the distribution of various powers. Some of the committees of the Bar Council are as follows:

i) Executive Committee:
The executive committee is in charge of fund management, personnel matters, accounts, work
allocation, council affairs management, audit, library, and legal publications. Work delegated.

ii) Legal Education Committee:

This committee makes recommendations to the BCI on legal education issues, establishes legal
education standards, visits and inspects colleges, recommends pre-requisites for foreign advocates
practising law in India, and recommends recognition or discontinuation of a university's law degree.

iii) Disciplinary Committee:

This committee considers appeals from the state bar councils' summary dismissal of charges against
advocates for professional misconduct, as well as appeals from the state bar councils' disciplinary
committees' orders.

iv) Advocate Welfare Association:

This committee investigates welfare fund petitions submitted by advocates. It checks the application
and approves the funding. The Advocates Welfare Fund Act of 2001 certifies the Advocates Welfare
Committee.

v) Legal Aid Committee:

It assists persons who require legal assistance.

vi) Building Committee:

The Building Committee is in charge of establishing the Council's offices.

vii) Rules Committee:

The Rules Committee is in charge of reviewing the Council's rules and regulations.

>> The Finance Committee, Special or Oversee Committee, and All India Bar Examination
Committee are the other committees.

Eligibility for Enrollment of Advocates to the BCI:-

The Advocates Act, 1961, Section 24, states the qualifications of an individual permitted to enroll in
the BCI. This the section stipulates that conditional on the Act's provisions and the rules framed, an
individual shall be qualified and eligible to be enrolled as an advocate on a State roll if he/she meets
the prerequisites as below:

>> They should be an Indian citizen; a resident of any other nation can be permitted as an advocate
on a State roll provided Indian citizens who are duly qualified, are authorized to practice law in the
other nation, subject to other limitations.

>> They should be a minimum of 21 years.

>> They have obtained a law degree after completing three years of law course from any university
within India that is recognized for the objective and intent of the Act by the BCI. In a few cases, an
advocate who has gained a degree from any University outside India, and if the degree is recognized
for the objective and the intent of this Act by the BCI, he may be admitted.

>> They must satisfy such other prerequisites as stipulated in the rules made by BCI

>> At present, an Ian individual who desires to get enrolled as an advocate has to first clear the BCI
exam. Subsequently, the person can enroll himself/ herself under any State Bar Council (SBC).
Eligible individuals are admitted as advocates on the rolls of the SBCs. The Advocates Act
empowers SBCs to formulate their own rules concerning the enrolment of advocates. The Council's
enrolment committee will examine a candidate's application. Different SBCs have framed their own
rules concerning enrolment as an advocate. Nevertheless, many of the SBCs require candidates to
apply together with their law degree and mark sheets along with a judicial stamp paper and
necessary fees.

>> The candidates have to send the application fee for enrollment with SBC and BCI through the
separate Demand Drafts to each.

>> Those admitted as advocates by any SBC are eligible to take the AIBE that is conducted by the
BCI. Passing the AIBE grant state-enrolled advocates with a Certificate of Practice (COP) that
facilitates them in practicing law as an advocate in any the ower court and High Court within the
Indian territory.

Conclusion:-
>> The Bar Council of India plays a key role in the regulation of legal practice and legal education in
India. Its members are elected from well reputed senior lawyers in the country and it represents the
Indian Bar. In simple words, the Bar Council of India plays an important role in maintaining ethical
and professional standards for the practice of advocacy in the country. The Bar council also
regulates and supervises the Universities imparting legal education in the country. It also grants
recognition to Universities located in India and abroad whose degree in law may be allowed to serve
as a qualification for students to enroll themselves as advocates upon graduation.

>> Apart from this, the Bar Council also has other capacities vested in it, practicing which, can
rebuild the entire legal field in the nation. The Bar Council in India has always been very efficient and
effective in its functioning though there have always been talks about increasing the power of the Bar
Council of India to ensure more effective command over the legal fraternity.

Edited By:-
Sachin Dhatterwal
Law Department
MDU Rohtak