BAR COUNCIL OF INDIA

The Advocates Act was to amend the laws related to legal practitioners. It provides the constitution
of members for the State Bar Council and Bar Council of India. The act aims to constitute only one
class of legal practitioners known as ‘Advocate’ and provides uniform qualification for admission to
the Bar. The act also vests the powers on the Bar Council of India and the State Bar Council to take
disciplinary action when required. Let’s get into the depth to understand the Advocates Act, 1961
better.

Characteristics of Advocates Act

• It consolidates existing laws on the legal profession.
• The Advocates Act 1961 established the Bar Council of India and State Bar Council.
• An advocate cannot enrol under more than one State Council but can transfer from one state
bar council to another.
• It abolishes the difference between a vakil and an advocate. So, all those who practice law
are now called advocates.

The Bar Council of India is a legally mandated organisation formed under the Advocates Act, 1961.
The act also mentions the powers and functions of the Bar Council of India. Its primary purpose is
to oversee and regulate legal practice and education in India. In addition, it administers the All India
Bar Examination (AIBE) annually, which serves as a selection process for individuals seeking to
practice law in the country’s courts.

The Bar Council also fulfils the role of regulatory authority by establishing guidelines for
professional conduct and etiquette within the Indian legal community. Its main objective is
safeguarding the rights, interests, and privileges of advocates throughout India.
The Bar Council of India operates as a statutory and regulatory body established by the Advocates
Act, 1961, with responsibilities encompassing the legal profession and education in the country. It
also serves as the representative organisation for the legal community in India.

The Bar Councils of India were established under the Advocates Act, 1961 based on the
recommendations of the All India Bar Committee. These councils operate at both the national and
state levels. The State Bar Councils were established under Section 3 of the Act.
The Bar Council of India comprises members elected from each State Bar Council, the Attorney
General of India, and the Solicitor of India, who serve as members automatically. The members of
the State Bar Councils are elected for five years. The Council has the power to choose its own
Chairman and Vice-Chairman from among its members, and they serve for two years.
The powers and functions of the Bar Council of India have been discussed below.

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.

Powers of the Bar Council of India

The powers of the Bar Council of India are:

Admission as an Advocate
According to Section 20 of the Advocate Act, any advocate who had the right to practice in the
Supreme Court before the appointed day but was not listed in any state roll can express their
intention to the Bar Council.
They must do this within the prescribed time and using the prescribed form. Upon receiving the
application, the Bar Council of India will direct the respective state Bar Council to enter the
advocate’s name in the state roll without a fee.

Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council must send an authenticated
copy of the advocate role, prepared for the first time under this Act, to the Bar Council of India.
Furthermore, any alterations or additions made to the roll must be promptly communicated to the
Bar Council of India.

Transfer of Name
Section 18 of the Advocate Act deals with transferring an advocate’s name from one State Bar
Council role to another. If an advocate wishes to transfer their name, they must apply to the Bar
Council of India.

Upon receiving the application, the Bar Council of India will direct the removal of the advocate’s
name from the first State Bar Council’s roll and its entry into the roll of the other State Bar Council.
No fee is required for this transfer.

Appointment of Committees and Staff Members

Section 9 empowers the Bar Council of India to appoint disciplinary committees, legal aid
committees, executive committees, legal education committees, and other necessary committees.
Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members as
necessary. The secretary and accountant must possess the required qualifications. Having a
secretary is mandatory for the Bar Council.

Maintenance of Accounts
Under Section 12, the Bar Council of India must maintain books of accounts and other relevant
books in a prescribed format. Qualified auditors, similar to the auditing of company accounts, must
audit these accounts. The Bar Council of India is also responsible for sending a copy of its accounts
and the auditors’ report to the Central Government. Furthermore, these accounts are published in the
Gazette of India.

Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate Act. These rules can
cover various aspects such as the election of Bar Council members, the chairman and vice-
chairman, dispute resolution, filling of vacancies, powers and duties of the chairman and vice-
chairman, organisation of legal aid, meetings and conduct of the business of committees, and
management and investment of funds of the Bar Council.

General Power and Punishment for Misconduct

Section 49 of the Advocate Act grants the Bar Council of India general power to make rules for
discharging its functions under the Act. Additionally, Section 36 empowers the Bar Council to
punish advocates for professional or other misconduct. The Bar Council of India can suspend
advocates from practice, remove their names from the state roll, dismiss complaints, or issue
reprimands as it deems fit.

Appellate Power
Section 37 gives the Bar Council of India authority to hear appeals against the orders of disciplinary
committees. The disciplinary committee of the Bar Council of India must hear any appeal.
Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60 days.

Other Powers and Functions

Apart from the aforementioned points, the Bar Council of India has additional powers and
functions.
These include:

• providing financial assistance to State Bar Councils that require funds to perform their
functions,
• preventing citizens of specified countries from practising law in India if those countries
prevent Indian citizens from practising law there,
• reviewing the legality and propriety of proceedings conducted by State Bar Councils or their
committees,
• giving its orders except in matters handled by the disciplinary committee, and
• providing directions to State Bar Councils or their committees to ensure the proper and
efficient discharge of their functions.

Functions of the 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, (stated above) 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 RaveendranathNaik 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 LokAdalat 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.

Case Laws on Powers and Functions of the Bar Council of India

Case: Raveendranath Naik v. Bar Council of India

In the case of Raveendranath Naik v. Bar Council of India, the court declared the resolution of
the Bar Council of India against participating in legal aid programs as illegal and void.

Case: Ex-Captain Harish Uppal v. Union of India

In the case of Ex-Captain Harish Uppal v. Union of India, the court emphasised that the Bar
Council of India should not paralyse the functioning of courts. Instead, it should focus on setting
professional standards and preventing strikes or boycotts.

Case: Bar Council of Maharashtra v. M.V Dabholkar and others

The court held that the Code of Ethics for advocates does not allow them to advertise or engage in
obnoxious practices like soliciting or scrambling. Therefore, the respondents were found guilty of
professional misconduct. As a penalty, they were suspended from practising for three years.

Case: D. Saibaba v. Bar Council of India and another

The Bar Council of India directed the appellant to surrender the telephone booth. The Bar Council
formed the opinion that regardless of who was running the booth, it was registered under the
appellant’s name in the handicap quota, and surrendering the booth would resolve the issue
concerning his conduct as an advocate.
The appellant requested some time to collect certain dues that would be difficult if the telephone
booth was surrendered. However, as the appellant failed to surrender the booth, the Bar Council
ordered the State Bar Council, under which the appellant was registered, to remove his name from
the rolls of advocates.

Conclusion
The powers and functions of the Bar Council of India. As established under the Advocates Act,
1961, its primary objective is to regulate and represent legal practitioners in India. With the
authority to lay down standards of professional conduct, the Council ensures ethical practices
among advocates. It also safeguards their rights and interests while promoting law reform.
Furthermore, the Bar Council of India exercises its powers in various areas, including legal
education.

It sets standards and recognises law degrees from universities, contributing to developing competent
legal professionals. Additionally, the Council organises seminars, publishes legal journals, and
supports legal aid initiatives to ensure access to justice for all.
Moreover, the Council manages funds, maintains financial transparency, and invests in welfare
schemes, such as supporting indigent advocates and establishing law libraries. It is responsible for
taking disciplinary action against professional misconduct and acting as an appellate authority.

STATE BAR COUNCIL

Section 3 of The Advocates Act of 1961 established the State Bar Councils as statutory
organisations to establish the laws governing the legal profession, and legal education in their
respective fields. Every state must have a bar council, which must be known as the bar council of
that state, according to Section 3 of the Advocates Act.

These were established as various councils for various states and union territories present in India.
The state bar councils also act as a representative of the advocates of the respective state. The duties
of the State Councils in each state are also outlined in Section 6 of the Advocates Act of 1961.

Structure of the State Bar Council:

According to the Section 3 of the Advocates Act, 1961, every state must have a bar council, which
must be known as the bar council of that state, according to Section 3 of the Advocates Act.

A State Bar Council shall consist of the following members:

In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India ex officio;
and in the case of any other State Bar Council, the advocate-general of that state, ex officio.

Section 3 of the Act states that:

• If the electorate is less than 5,000, the State Bar council must have 15 members.
• If the electorate is between 5,000 and 10,000, there must be 20 members.
• If there are more than 10,000 electorate, the Bar Council will consist of 25 people.
The State Bar Council's electoral roll of Advocates is used to elect the members of the Bar Council
through a system of proportional representation using a single transferable vote. Each Bar Council
shall have a Chairman and a Vice Chairman which shall be elected in a manner prescribed.

Functions of State Bar Council

Section 6 of the Act lays down the important functions of a State Bar Council.

They are:
• To admit persons as Advocates on its roll.
• To prepare and maintain such roll.
• To entertain and determine cases of misconduct against Advocates on its roll.
• To safeguard the rights, privileges and interests of Advocates on its roll.
• To promote and support law reform.
• To conduct seminars and organise talks on legal topics by eminent jurists and publish journals
and papers of legal interest.
• To organise legal aid to the poor.
• To manage and invest the funds of the Bar Council.
• To provide for the election of its members.
• To visit and inspect Universities in accordance with the rules for imparting legal education.
• To promote the growth of Bar Associations for the purpose of effective implementation of
welfare schemes introduced by the Council.
• To perform any other functions as prescribed by the Act.
• The time within which and form in which an Advocate shall express his intention for the entry
of his name in the roll of State Bar Council.
• The form in which an application shall be made to the Bar Council for admission as an
Advocate on its roll.
• The conditions subject to which a person may be admitted as an Advocate on any such roll.
• The instalments in which the enrolment fee may be paid.

The Council may constitute funds for the purpose of:

• Giving financial assistance to organise welfare schemes for the indigent, disabled or other
Advocates.
• Giving legal aid or advice in accordance with the rules.

The State Bar Council may receive gifts, donations or any grants for the purposes mentioned above
and such amount may be credited to the welfare funds constituted accordingly.

Power of Bar Councils to make Rules

Every State Bar Council has the power to make rules regarding the following matters:

• The election of members of the Bar Council. This will include the manner of conducting
election, eligibility to cast postal vote, manner of publishing results etc.
• The manner of election of the Chairman and the Vice-Chairman of the Bar Council.
• Deciding the validity of elections.
• The filling of casual vacancies in the Bar Council.
• The powers and duties of the Chairman and the Vice Chairman.
 • Constitution of funds.
• Organisation of legal aid to the poor, constitution of committees and sub committees for the
purpose.
• Summoning the meeting of the Bar Council, Conduct of Business, deciding the number of
persons to constitute quorum.
• The qualifications and the conditions of service of the secretary, the accountant, and other
employees of the Bar Council.
• The maintenance of books of accounts and other books by the Bar Council.
• The appointment of auditors and the audit of the accounts of the Bar Council.
• The management and investment of the funds.
Rules made by the State Bar Councils are effective only when it is approved by the Bar Council of
India.

Maintenance of rolls

As per Section 17 of the Act, every State Bar Council shall prepare and maintain a roll of
Advocates. It shall contain the names and addresses of the Advocates. The roll shall consist of two
parts. The first part shall include the details of senior Advocates and the second part shall include
the details of other Advocates. No person shall be enrolled as an Advocate in more than one state
roll.

In the case of Bar Council of Delhi & Anr. vs Surjeet Singh And Ors. the Supreme Court
observed that it is manifest that under the Advocate’s Act the qualifications and conditions entitling
an Advocate to vote at an election or for being chosen as a member of the State Bar Council has to
be prescribed by the Bar Council of India. The State Bar Council has no such power.

In the case of Pratap Chandra Mehta vs State Bar Council of M.P.& Ors the Supreme Court
observed tha “This is an Act which has been enacted with the object of preparing a common roll of
advocates, integrating the profession into one single class of legal practitioners, providing
uniformity in classification and creating autonomous Bar Councils in each State and one for the
whole of India. The functioning of the State Bar Council is to be carried out by an elected body of
members and by the office-bearers who have, in turn, been elected by these elected members of the
said Council. The legislative intent derived with the above stated objects of the Act should be
achieved and there should be complete and free democratic functioning in the State and All India
Bar Councils. The power to frame rules has to be given a wider scope, rather than a restrictive
approach so as to render the legislative object achievable.”