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.

What is the Bar Council of 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.

Composition of Bar Council of India

The Bar Council of India (BCI) is composed of:

• Elected representatives from each State Bar Council (elected for a five-year term)
• Attorney General of India (ex-officio member)
• Solicitor General of India (ex-officio member)

The representatives from the State Bar Councils are elected for a term of five years. Within the BCI, members elect a Chairman and Vice-Chairman from among themselves, with each serving a two-year term. This structure ensures that the BCI is representative of various regions and includes top legal advisors, facilitating comprehensive oversight and regulation of the legal profession in India. The BCI is crucial in setting standards for legal education, ensuring professional conduct, and safeguarding the rights, privileges, and interests of advocates across the country.

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 functions of the Bar Council of India are:

Establishment of the Bar Council of India

Parliament established the Bar Council of India under the Advocates Act of 1961. Its main responsibilities include regulating the legal profession and legal education in India.

Statutory Functions of the Bar Council of India

The Bar Council of India has various statutory functions outlined in Section 7 of the Advocates Act, 1961:

1. Standards of Professional Conduct: It lays down the standards of professional conduct and etiquette for advocates.

2. Disciplinary Procedure: It establishes the procedure to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council.

3. Advocates’ Rights and Interests: It safeguards advocates’ rights, privileges, and interests.

4. Law Reform: It promotes and supports law reform initiatives.

5. Handling Referred Matters: It deals with and resolves matters referred to by State Bar Councils.

6. Legal Education: It promotes legal education and sets standards for legal education in consultation with universities and State Bar Councils. It also visits and inspects universities or directs State Bar Councils to do so.

7. Recognising Qualifications: It recognises universities whose law degrees qualify for enrollment as an advocate. Foreign qualifications in law obtained outside India may also be recognised reciprocally.

8. Seminars and Publications: It organises seminars and talks on legal topics by eminent jurists and publishes journals and papers of legal interest.

9. Legal Aid: It organises legal aid for the underprivileged.

10. Management of Funds: It manages and invests the funds of the Bar Council.

11. Election of Members: It provides for the election of members who will run the Bar Councils.

Establishment of Funds

The Bar Council of India can establish one or more funds according to prescribed procedures. These funds may be used to organise welfare schemes, provide legal aid or advice, and establish law libraries. The Bar Council can receive grants, donations, gifts, or benefactions for these purposes.

Membership in International Legal Bodies

Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India may become a member of international legal bodies like the International Bar Association or International Legal Aid Association. It can contribute funds and authorise participation in international legal conferences or seminars.

Prohibition of Strikes and Boycotts

The Bar Council of India must uphold professional conduct and etiquette for advocates. It is illegal and void for the Bar Council to pass resolutions instructing advocates not to participate in legal aid programs or disrupt court proceedings. 

Advocates who participate in strikes or boycotts can face disciplinary action by the concerned State Bar Council. Advocates are obligated to ignore calls for strikes or boycotts.

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

Facts:

In this case, the respondents were lawyers practising in the criminal courts. They were charged with professional misconduct under Section 35(1) of the Advocates Act, 1961. It was alleged that they engaged in unethical behaviour outside the Magistrate courts. 

They would try to snatch briefs from potential litigants and even get involved in physical fights. They also promised undercut fees to litigants to secure work for themselves.

The High Court brought this matter to the attention of the Bar Council of Maharashtra, which considered the complaint and referred it to its Disciplinary Committee for further investigation.

Held:

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

Facts:

In this case, Smt. D Anuradha, the wife of D Saibaba, filed a complaint under Section 35 of the Advocates Act, alleging professional misconduct. The complaint stated that the appellant, D Saibaba, was enrolled as an advocate but ran a telephone booth under the handicap quota, which was against the rules.

The appellant argued that he was indeed handicapped and had started the telephone booth before he became an advocate due to financial constraints. He claimed that his elderly parents were running the booth. He also contended that the complaint was malicious and filed by his disgruntled wife, who had also lodged false criminal cases against him.

Held:

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.