1

BAR COUNCIL OF INDIA

FINAL DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE TITLED

ENGLISH - I

SUBMITTED TO:

Dr. PRATYUSH KAUSHIK

SUBMITTED BY:

NAME: ABHIGYAT CHAITANYA

COURSE: B.B.A., LL.B (Hons.)

ROLL NO: 1802

SEMESTER: 1th

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA - 800001
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ACKNOWLEDGEMENT

I would like to thank my faculty Dr. Pratyush Kaushik whose guidance helped me a lot with
structuring my project.

I owe the present accomplishment of my project to my friends, who helped me immensely with
materials throughout the project and without whom I couldnt have completed it in the present
way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped me
out at every stage of my project.

THANK YOU

NAME: Abhigyat Chaitanya

ROLL NO: 1802

SEMESTER 1st
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INTRODUCTION
AIMS AND OBJECTIVES:

1. The researcher tends to analyze the bar council of India.

2. The researcher tends to give certain suggestions which would be useful to understand the given
topic.

HYPOTHESIS:

The researcher tends to presume that the power and authorities of BCI are the soul of our
legislature.

LIMITATIONS OF THE STUDY:

The researcher has territorial, monetary and time limitations in completing the project.

SOURCES OF DATA:

The researcher used both primary as well as secondary sources to complete the
project.

1. Primary sources is the official site of Bar Council of India.

2. Secondary sources include all the books and websites on Bar Council which
the researcher consulted while making the project.

RESEARCH METHODOLOGY:

The researcher followed doctrinal method of research to complete the project.

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CHAPTERIZATION
The project has been divided into 5 chapters.

The 1st chapter talks about history of bar council .

The 2nd chapter talks about the Advocate Act 1961.

The 3rd chapter deals with the structure of BCI.

The 4th chapter talks about the state bar council.

Whereas the last chapter is about conclusion and suggestions.

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INTRODUCTION

The Bar Council of India1 is a statutory body that regulates and represents the Indian bar. It was
created by Parliament under the Advocates Act, 1961. It prescribes standards of professional
conduct and etiquette and exercises disciplinary jurisdiction. It sets standards for legal
education and grants recognition to Universities whose degree in will serve as a qualification for
students to enrol themselves as advocates upon graduation.

In addition, it performs certain representative functions by protecting the rights, privileges and
interests of advocates and through the creation of funds for providing financial assistance to
organise welfare schemes for them.

The main objective intended was to control and govern the working of all immediate subsidiary
state-level bar councils besides laying down the standards of professional conduct and etiquette.

It comes under the purview of Ministry of Law and Justice, Government of India and it is a
corporate body having perpetual succession and a common seal. The Bar Council of India has
constituted several committees such as the Education Committee, the Disciplinary Committees,
the Executive Committee, the Legal Aid Committee, the Advocates Welfare Fund Committee, the
Rules Committee and various other Committees formed to look after the specific issues arising
from time to time.

1
"About the Bar Council of India". Bar Council of India. Retrieved 3 May 2014.
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HISTORY OF BAR COUNCIL OF INDIA

1950 - After the Constitution of India came into force on January 26, 1950, the Inter-University
Board at its annual meeting held in Madras, passed a resolution stressing the need for an all-India
bar and emphasising the desirability of having uniformly high standards for law examinations in
different Universities of the country in view of the fact that a Supreme Court of India had been
established.

In May 1950, the Madras Provincial Lawyers Conference2 held under the presidency of Shri S.
Varadachariar resolved that the Government of India should appoint a committee for the purpose
of evolving a scheme for an all-India Bar and amending the Indian Bar Councils Act to bring it
in conformity with the new Constitution.

At its meeting held on October 1, 1950, the Bar Council of Madras adopted that resolution.

1951

Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April 12, 1951, a
comprehensive bill to amend the India Bar Councils Act.

The Government of India took the view that in the changed circumstances of independence, a
comprehensive Bill sponsored by the Government was necessary. In August 1951, the then
Minister of Law announced on the floor of the House that the Government of India was
considering a proposal to set up a Committee of Inquiry to go into the problem in detail. The
Committee was constituted and asked to examine and 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 counsel and solicitor (or agent) which
obtains in the Supreme court and in the Bombay and Calcutta High Courts,

3. The continuance or abolition of different classes of legal practitioners, such as advocates of

the Supreme Court, advocates of the various High Courts, district court pleaders, mukhtars
(entitled to practice in criminal courts only), revenue agents, and income-tax practitioners,

4. The desirability and feasibility of establishing a single Bar Council for (1) the whole of India
and (2) for each State,

2
"History of Bar Council of India". Bar Council of India. Archived from the original on 14 March 2014.
Retrieved 4 June 2014.
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5. The establishment of a separate Bar Council for the Supreme Court,

6. The consolidation and revision of the various enactments (Central as well as State) relating
to legal practitioners, and

7. All other connected matters.

This All India Bar Committee was headed by the Honble Shri S. R. Das, Judge, Supreme Court
of India. The Committee consisted of the following members:

1. Shri M. C. Setalvad, Attorney General of India,

2. Dr. Bakshi Tek Chand, retired High Court Judge,

3. Shri V. K. T. Chari, Advocate-General of Madras,

4. Shri V. Rajaram Aiyar, Advocate-General of Hyderabad,

5. Shri Syed A, Kazmi, M.P., Advocate, Allahabad,

6. Shri C. C. Shah, M.P., Solicitor, Bombay, and

7. Shri D. M. Bhandari, M.P., Advocate, Rajasthan High Court.

1953

The All India Bar Committee submitted its detailed report on March 30, 1953. The report
contained the proposals for constituting a Bar Council for each state and an All-India Bar
Council at the national level as the apex body for regulating the legal profession as well as to
supervise the standard of legal education in India.

Meanwhile, the Law Commission of India had been assigned the job of preparing a report on the
reforms of judicial administration.

1961

To implement the recommendations of the All-India Bar Committee and taking into account the
Law Commissions recommendations relating to the legal profession, a comprehensive
Advocates Bill was introduced in the Parliament which resulted in the the Advocates Act, 1961.
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ADVOCATE ACT 1961

1. INTRODUCTION OF ADVOCATE ACT 1961

The Indian High Courts Act, 18613 (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, the Bombay Pleaders Act, 1920 and the Indian Bar Councils Act, 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 are
port 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 there
commendations of the All India Bar Committee and after taking into account there commendations
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.

2. 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;

3
"Advocates Act, 1961" (PDF). Parliament of India. 1961. Retrieved 3 May 2014.
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(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 the two High Courts, if they so desire, to discontinue this system at any time.
The 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. The Advocate act Bill was passed by both the Houses of Parliament and it
received the assent of the President on 19the May, 1961 and it became The Advocates Act, 1961.
Preamble [19th May, 1961] an act to amend and consolidate the law relating to legal practitioner
and to provide for the constitution of Bar Councils and an All India Bar.

Definition clause under Advocates act 1961

Sec 2. Of the Advocates act 19614 covers all the definition clause.

(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.
(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;
(g) "High Court", except in sub-section (1) and sub-section (lA) 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:

(G (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;

4
"Advocates Act, 1961" (PDF). Parliament of India. 1961. Retrieved 3 May 2014.
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(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 of 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 r 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.

The advocates act 1961

The Act establishes an All-India Bar Council for the first time5. The Attorney-General of India
and the Solicitor-General of India are the ex-officio members of the Bar Council of India. It has
one member elected to it by each State Bar Council from amongst its members. The Council elects
its own Chairman and Vice-Chairman. The Bar Council of India has been entrusted inter alia with
the following important functions:

(1) To lay down standards of professional conduct and etiquettes for Advocates;

(2) To safeguard the rights, privileges and interests of Advocates;

(3) To promote legal education,

5
"Advocates Act, 1961" (PDF). Parliament of India. 1961. Retrieved 3 May 2014.
 11

(4) To lay down standards of legal education in consultation with the Universities imparting such
education and the State Bar Councils;

(5) To recognize Universities whose degrees in law shall qualify for enrolment as an Advocate?

(6) To visit and inspect the Universities for that purpose;

(7) To exercise general supervision and control over State Bar Councils,

(8) To promote and support law reform;

(9) To organize legal aid to the poor.

This Act created a State Bar Council in each State. It is an autonomous body. The Advocate-
General of the State is its ex-officio member, and there are 15 to 25 elected Advocates. These
members are to be elected for a period of five years in accordance with the system of proportional
representation by means of single transferable vote from amongst Advocates on the Roll of the
State Bar Council. The State Bar Council has power to elect its own Chairman.

The main powers and functions of the State Bar Council are:

(a) To admit persons as Advocates on its Roll;

(b) To prepare and maintain such Roll;

(c) To entertain and determine cases of misconduct against Advocates on its Roll;

(d) To safeguard the rights, privileges and interests of Advocates on its roll;

(e) To promote and support law reform;

(f) To organize, legal aid to the poor.

Thus, every State Bar Council prepares and maintains a Roll of Advocates and: an authenticated
copy of the Roll is to be sent to the Bar Council of India. An application for Admission as an
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Advocate is made to the State Bar Council within whose jurisdiction the applicant proposes to
practice.

Purposes of Advocates act 1961

The advocates Act, 19616 has marked the beginning of a new era in the history of legal profession
by vesting largely in the Bar councils the power and the jurisdiction which the courts till then
exercised. It has fulfilled the aspirations of those who had been demanding an all India Bar and
effecting a unification of the bar in India by the creation of a single class of practitioners with
power to practice in all the courts. They are now bound by the rules made under code of conduct
laid down by their own of bodies to which members could resort to for the protection of their
rights, interests and privileges. Thus, the legal profession can play a vital role in upholding
individual rights and efficiently spreading justice while acting as an integrating force in national
life. It is now part of the modern legal system which provides both the personnel and techniques
for effective rational utility. The responsibility of this profession to the Indian society is indeed
great, as has been its history.

However all that glitters is not gold. The responsibility that the Indian Bar bears to the society and
the challenge that it faces today bear a testimony that the Indian Bar has not risen to the level to
discharge its duties.

We may not be able to say with any tolerable measure of consensus what justice signifies; but
there may be a fair measure of consensus on the idea of conditions of justice, one of which is the
construction of public discourse on the nature and limits, legitimacy and legality, of state power.
The denial of such discourse often signifies an end to the very quest for justice. Creation and
sustenance of such conditions has been articulated in the code of ethics providing standards for
identification and measurement of professional grievance. The lawyers as a profession live ad
thrive on ambiguity, inherent in, or imparted to words and the professional deviance of lawyers is
multifaceted.

6
"Advocates Act, 1961" (PDF). Parliament of India. 1961. Retrieved 3 May 2014.
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The highest obligation is to provide free legal aid to the indigent and the oppressed. This
obligation is subject to limits of the advocates economic condition. But we know that even
superstar lawyers whose economic conditions is unconscionably affluent even refuse summarily
to see an indigent person with urgent need for legal assistance. Most senior lawyers stay away
from legal aid programmes of the state. Unless the leaders of the bar do some introspection and
put the profession back on the rails all we will be left with is an occupation and not a profession.

STRUCTURE OF THE BAR COUNCIL OF INDIA.

The Bar Council of India consists of 18 Members. The Attorney General of India and the Solicitor
General of India7 are Ex-officio Members of the council and the other 16 Members represent the
16 State Bar Councils in the country. The Members are elected for a period of five years and the
Chairman and vice -Chairman are elected for a period of two years from among the Members of
the Bar Council of India. The Bar Council further consists of various committees viz., Legal
Education Committee, Disciplinary Committee, Executive Committee, Legal Aid Committee8,
Advocates Welfare Fund Committee, Rules Committee and various other Committees formed to
look into specific issues arising from time to time.

(I). 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 Councils 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.

7
"Office bearers of the Bar Council of India". Bar Council of India. Archived from the original on 28 March
2014. Retrieved 4 June 2014
8
"bar council rules". Retrieved 3 February 2017.
 14

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 constitute funds for the following purposes:
1. giving financial assistance to organize welfare schemes for poor, disabled or other advocates,

2. Giving legal aid, and

3. Establishing law libraries.

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.
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(II).COMMITTEES OF BAR COUNCIL OF INDIA.

The Bar Council of India has various committees that make recommendations to the Council. The
members of these committees are elected from amongst the members of the Council.
The Advocates Act mandates the creation of a Disciplinary Committee 9(under section 9), a Legal
Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar
Council of India Rules permit the Council to appoint from amongst its members, one or more
committees in addition to those specified in the Act. The Council can delegate powers, duties, and
functions to these committees.

The term of the members of the committees of the Council has been specified in Chapter III of the
Bar Council of India Rules. A different term can be specified at the time of election.

(III). 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 Ministry, the University Grants Commission,
and academia. This committee makes recommendations to the Bar Council of India on all matters
pertaining to legal education in the country. The committee elects its own Chairman.
The Legal Education Committee has the power:

To make recommendations 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 recognized.

To recommend to the Council for recognition of any degree in law of any University in the
territory of India.

9
"Office bearers of the Bar Council of India". Bar Council of India. Archived from the original on 28 March 2014.
Retrieved 4 June 2014
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To recommend the discontinuance of recognition of any University already made by the Council.

Precisely, Legal education matters within the Bar Council are regulated by the Legal
Education 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 Grants Commission and Academicians. This is a high powered committee
which makes recommendations to the Bar Council of India on all matters pertaining to
Legal Education in the country. The Legal Education Committee elects its own Chairman.

(IV). 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 of the State Bar Council.

Each disciplinary committee consists of three members. The term of the members of this
committee is three years.

(V). EXECUTIVE COMMITTEE

The Executive Committee10 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 Chairman and Vice-
chairman.

The Executive Committee has the power:

10
About the Bar Council of India". Bar Council of India. Retrieved 3 May2014
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To manage the funds of the Council,

To invest the funds of the Council in the manner directed by the Council from time to time,

To grant leave to members of the staff, 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 conditions 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 of the 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 authorize 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 Chairman and/or the Vice-Chairman any of its aforementioned powers,

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

(VI). ADVOCATE WELFARE COMMITTEE.

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The Advocates Welfare Committee11 looks into applications made by advocates through various
State Bar Councils for welfare funds. The committee verifies the application and allocates funds.
The Advocates Welfare committee is empowered by the Advocates Welfare Fund 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 clause (f) of Section 24 of the Advocates Act.
The members of the Advocates Welfare Committee are elected from amongst the members of the
Bar Council of India. The term of each member in this committee is two years.

(VII). LEGAL AID COMMITTEE.

The Legal Aid Committee provides aids to those requiring legal assistance.

BUILDING COMMITTEE.

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

RULES COMMITTEE.

The Rules Committee reviews the rules and regulations of the Council.

(VIII). MEMBERS OF THE BAR COUNSIL OF INDIA.

Chairmen -The council elects its own chairmen for a period of two years amongst its
members.
Vice-chairmen - The council elects its own vice-chairmen for a period of two years
amongst its members.
Attorney General of India- Indian governments chief legal advisor and its primary lawyer
in dealing with the Supreme court of India. He is appointed by the president of India.
Solicitor General of India- is the second law officer of the country. He assists the attorney
general and is himself assisted by several additional Solicitor General of India.

Members elected from each state bar council- they are elected for a period of five years.

11
"The Indian Legal Profession" (PDF). President and Fellows of Harvard College. Retrieved June 4, 2014.
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STATE BAR COUNCILS

A. ESTABLISHMENT AND ORGANIZATION OF THE STATE BAR COUNCIL

There shall be a Bar Council

(A) for each of the States of Andhra Pradesh, Bihar, Gujarat, Jammu and Kashmir, Madhya
Pradesh, Karnataka, Orissa, Rajasthan and Uttar Pradesh, to be known as the Bar Council of that
State;
(B) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram Nagaland and
Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura,
Mizoram and Arunachal Pradesh
(C) for the State of Kerala and the Union Territory of Lakshadweep, Minicoy and Amindivi islands
to be known as the Bar Council of Kerala; for the State of Tamil Nadu and the Union Territory of
Pondicherry to be known as the Bar Council of Madras;
(D) For the States of Maharashtra and Goa and the Union Territories of Dadra and Nagar Haveli
and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;]
(E) For the States of Punjab and Haryana and the Union Territory of Chandigarh, to be known as
the Bar Council of Punjab and Haryana;
(F) For the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;]
(G) For the State of West Bengal and the (Union territory of Andaman and Nicobar Islands), to be
known as the Bar Council of West Bengal; and
(H) For the Union Territory of Delhi, to be known as the Bar Council of Delhi

B. POWER AND FUNTION OF THE STATE BAR COUNCILS

Sec. 6 of the advocates act makes provision in respect of the function of state bar council. It
provides that the function of the state bar council shall be-

(a) To admit persons as advocate on its rolls:

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(b) To prepare and maintain such roll:

(c) To entertain and determine cases of misconduct against advocates on its roll:
(d) To safeguard the rights, privileges and interests of advocates on its roll:
(e) To promote and support law reform:
(f) To conduct seminars and organize talk on legal topics by jurists and publish journals and
papers of legal interests:
(g) To organized legal aid to the poor in prescribed manner:
(h) To manage and invest the funds of the bar council:
(i) To provide for the election of its members:
(j) To perform all other functions conferred on it by or under this act:
(k) To do all other things necessary for discharging the aforesaid functions.

Now, State bar council issued a certificate of enrollment in the prescribed form. Than state bar
council shall notify any change in the place of his permanent residence within 90 days of such
change to every person whose name is entered in the state roll.

Section 48 of the advocates act makes provision in respect of indemnity against the legal
proceedings.

(I).ADMISSSIONS AS ADVOCATES ON A STATE ROLL.

If any persons fulfill the conditions or terms for admissions as advocates, or enrolled as advocate
under this act and under the state bar council, an application of admissions of admissions shall me
made in the prescribed form to the state bar council within whose jurisdiction the applicant
proposes to practices. Which is clearly defined under section 24 of the advocates act12.

Section 26-A of the advocate act empowers a state bar council to remove from the state roll the
name of any advocate who is dead or from whom a request has been received or that effect.

Section 27 of the act state bar council refuses the application of any person on its roll, No other
state bar council shall entertain an application for admissions of such person as an advocate on its

12 State Bar Councils | Advocates Act, 1961 | Bare Acts | Law Library
 21

rolls, except with the previsions consent in writing of the state bar council which refused the
application and of the Bar Council of India.

And the state bar council is required to issue a certificate of enrollment in the prescribed form to
every persons. Whose name is entered in the roll of advocates maintained by it under the act.

(II).MAINTAINS OF ROLL OF ADVOCATES

Section 17 provides every state bar council shall prepare and maintain a roll of advocates in which
shall be entered the name and address of-

1. All persons who were entered as advocates on roll of any High court under Indian Bar
Councils, 1926, immediately before the appointed day including persons being citizens of
India who before 15-8-1947, were enrolled as advocate 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, at any time express or entertain in the prescribed manner to practice within the
jurisdiction of the bar council.
2. 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 second part, the names of other advocates.

(III).RULE MAKING POWER

The state bar council13 has been empowered to make rules regarding the for the welfare of the
advocates, such rules may provide for:-

(A). the time within which and form in which an advocate shall express his intention for the
entry of his name in the roll of a state bar council under section 20.

13
"Advocates Act, 1961" (PDF). Parliament of India. 1961. Retrieved 3 May 2014.
 22

(b). the form in which an application shall be made to the bar council for admissions as an
advocate on its roll and the manner in which such application shall be disposed of by the
enrollment committee of the bar council.

(c). the conditions subject to which a person may be admitted as an advocate on any such roll:

(d). the instalments in which the enrollment fee may be paid.

(IV).POWER TO PUNISH FOR PROFESSIONAL OR OTHER MISCONDUCT

State bar council makes any rules or provision for the professional and misconduct, accordingly

a. Date fixed for hearing by State bar council

b. Notice to advocate General
c. Refer case to disciplinary committee
d. Opportunity of being heard
e. Decision
1. Dismissal after hearing
2. Reprimand the advocate
3. Suspend from practice
4. Removed name of advocate from the state roll

(V).MAINTAINCE OF ACCOUNTS

Section 12 of this act provides every bar council maintained books of accounts and other books in
such form and in such manner as may be prescribed. And it shall be follow by Indian Companies
act, 1956. And it is published by Central government.

Directorate of Legal Education

The Bar Council of India has established a Directorate of Legal Education for the purpose of
organizing, running, conducting, holding, and administering the following:
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1. Continuing Legal Education

2. Teachers training
3. Advanced specialized professional courses
4. Education program for Indian students seeking registration after obtaining Law Degree
from a Foreign University
5. Research on professional Legal Education and Standardization
6. Seminar and workshop
7. Legal Research
8. Any other assignment that may be assigned to it by the Legal Education committee and
the Bar Council of India.

All India Bar Examination

On April 10, 2010, the Bar Council of India resolved to conduct an All India Bar Examination
that tests an advocates ability to practice law. It is required for an advocate to pass this
examination to practice law. This examination is held biannually and tests advocates on
substantive and procedural law. The syllabi for this examination has to be published at least three
months before the examination. An advocate may appear for the examination any number of
times. Once the advocate passes the examination, he/she will be entitled to a Certificate of
Practice law throughout India.14 15The All India Bar Examination (AIBE) IX scheduled to be
held on 13 December 2015.16 It is clarified that the Bar Examination shall be mandatory for all
law students graduating from academic year 2009-2010 onwards and enrolled as advocates under
Section 24 of the Advocates Act, 1961.[11]

CONCLUSION

The Bar Council of India is a statutory body established under the Advocates Act 1961 that
regulates the legal practice and legal education in India. Its members are elected from amongst the
lawyers in India and as such represents the Indian bar. It prescribes standards of professional
conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards
for legal education and grants recognition to Universities whose degree in law will serve as a
qualification for students to enroll themselves as advocates upon graduation.

14
"All India Bar Examination (AIBE)". Bar Council of India. Retrieved 14 May 2014.
15
"All India Bar Exam". West Bengal Bar Council of India. Retrieved 14 May 2014.
16
"The All India Bar Examination 2015".
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As per the Advocates Act, the Bar Council of India consists of members elected from each state
bar council, and the Attorney General of India and the Solicitor General of India who are ex
officio members. The members from the state bar councils are elected for a period of five years.

BIBLIOGRAPHY

Books:-

Legal & Professional Ethics: P. Ramanatha Aiyer, N.S. Ranganatha Aiyer

Commentary on Advocates Act, 1961 & Professional Ethics in India
Professional Ethics : anupom
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Business Ethics and Corporate Governance

Websites:-

http://www.barcouncilofindia.org/
http://www.barcouncilofindia.org/about/all-india-bar-examination/
http://en.wikipedia.org/wiki/Bar_Council_of_India
http://delhibarcouncil.com/resources-for-lawyers/bar-council-of-india/
http://www.allindiabar.org/
http://delhibarcouncil.com/resources-for-lawyers/bar-council-of-india/