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Establishment of Bar Council of India

The document summarizes the establishment of the Bar Council of India. It details that in 1950, legal organizations in India called for the formation of an all-India bar council to regulate legal education and the profession following the establishment of the Supreme Court. In 1951, a committee was formed to examine this issue and provide recommendations. The committee, headed by S.R. Das, submitted its report in 1953 proposing the establishment of state bar councils and an All India Bar Council. This led to the Advocates Act of 1961 which formed the Bar Council of India to regulate the legal profession across the country.

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412 views2 pages

Establishment of Bar Council of India

The document summarizes the establishment of the Bar Council of India. It details that in 1950, legal organizations in India called for the formation of an all-India bar council to regulate legal education and the profession following the establishment of the Supreme Court. In 1951, a committee was formed to examine this issue and provide recommendations. The committee, headed by S.R. Das, submitted its report in 1953 proposing the establishment of state bar councils and an All India Bar Council. This led to the Advocates Act of 1961 which formed the Bar Council of India to regulate the legal profession across the country.

Uploaded by

Jatin Pahuja
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ESTABLISHMENT 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 Conference 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,

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 Hon’ble 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
Commission’s 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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