The Constitution, Powers and Functions of Bar Council of India

Introduction:
The 'Bar Council of India is a statutory body established under the section 4 of advocates Act
1961 that regulates the legal practice and legal edition 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.

Constitution:
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.
The council elects its own Chairman and Vice-Chairman for a period of two years from
amongst its members. Assisted by the various committees of the Council, the chairman acts
as the chief executive and director of the Council.
Functions of Bar Council of India:
Section 7 of the advocate Act 1961 provides that the functions of Bar Council of India shall
be –
A) The functions of bar council of India shall be –
i) to lay down standards of professional conduct and etiquette for advocates;

ii) to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each state bar council.

iii) to safeguard the rights, privileges and interests of advocates.

iv) to promote and support law reform.

v) to deal with the disposal of any matter arising under the Act which may be referred to it by
a state bar council.

vi) to exercise general supervision and control over the state bar council.

vii) to promote legal education and to lay down standards of such education in consultation
with the universities in India imparting such education and the state bar council

viii) to recognize universities whose degree in law shall be a qualification for enrollment for
an advocate for that purpose to visit and inspect universities or cause the state bar council to
visit and inspect universities in accordance with such direction as it may be given in this
behalf
ix) to conduct seminars and organize talks on legal topics by eminent jurist and publish
journals and papers of legal interest.

x) to organize legal aid to the poor in the prescribed manner

xi) to recognize on a reciprocal basis foreign qualifications in law obtained outside India for
the purpose of admission as an advocate under this Act.

xii) to manage and invest the funds of the bar council.

xiii) to provide for the election of its members

xiv) to perform all other functions conferred on it by or under this Act

xv) to do all other things necessary for discharging the aforesaid functions

2) The bar council of India may constitute one or more funds in the prescribed manner for the
purpose of giving financial assistance to organize welfare schemes for indigent, disabled or
other advocates Giving legal aid or advice in accordance with the rules made in this behalf
establishing law libraries

3) Bar council of India may receive any grants donations, gifts or benefactions for all or any
of the purposes specified in sub-section (2) which shall be credited to the appropriate funds
constituted under the sub section.
According to Section 7 (a) of the Advocate Act, 1961 the Bar Council of India may become a
member of international legal bodies such as the International Bar Association or
International Legal Aid Association, contribute such sums as it thinks fit to Such bodies by
way of subscription or otherwise and authorize expenditure on the participation of its
representatives in any international legal conference seminars.
B) Some of the important functions of Bar Council of India are as under -

I) Admission as advocate -

Section 20- of the Advocate Act provides that every advocate who was entitled as of right to
practice in the Supreme Court immediately before the appointed day and whose name was
not entered in any state roll may, within the prescribed time, express his intention in the
prescribed form to the Bar Council and on receipt thereof, the Bar Council of India shall
direct that the name of each advocate shall, without payment of any fee, be entered in the role
of state Bar Council and the State Bar Council concerned shall comply with such direction.

Section 19 - In this Section of the Advocates Act 1961, requires the State Bar Council to send
copies of rolls of advocate to the Bar Council of India. It provides that every State Bar
Council shall send to the Bar Council of India an authenticated copy of the roll of Advocates
prepare by it for the first time under this Act and shall, thereafter, communicate to the Bar
Council of India all alterations and addition to, such roll as soon as the same have been made.
Section.18- of Advocate Act 1961 makes provision in respect of transfer of name from one
State roll to another. It provides that any person whose name is entered as an advocate on the
role of any State Bar Council for the transfer of his name from the roll of State Bar Council to
the roll of any other State Bar Council and on receipt of any such application, the Bar Council
of India shall direct that the name of such person shall, without the payment of any few, be
removed from the roll of the first mentioned State Bar Council and be entered in the roll of
the other State Bar Council and State Bar Council concerned shall comply with such
direction.
II) Appointment of committees and Staff members -

Section 9- of the Advocate Act empowers The Bar Council of India to appoint one or more
disciplinary committees, Legal aid committee’s u/s 9-A executive committee u/s 10(2), Legal
Education Committee, etc.

Section 11- of the Advocate Act empowered the Bar Council to appoint a secretary and
accountant and such number of other persons as may deem necessary the secretary and
accountant, if any shall possesses such qualification.It is mandatory that the Bar Council shall
have a secretary.

III) Maintenance of Advocates etc -

Section 12- of the Advocate Act requires the Bar Council of India to m maintain such book
of accounts and other books in such form and in such a manner as may be described. The
account shall be audited by the auditor's duly qualified to act as auditors of the companies, at
such as times and in such a manner as maybe prescribed. The Bar Council of India shall send
a copy of its accountants together with the copy of the report of the auditors thereon to the
Central Government and shall cause same to be published in the Gazette of India.

IV) Rules making power -

The Bar Council of India shall make Rules under the provisions of Section 15 of the
Advocate Act. Section 15(2) of this Act provides that in particular and without prejudice to
the generality of the foregoing power. Such Rules may provide for the election of the
members of the Bar Council, chairman and Vice-chairman, Election disputes, filling of casual
vacancies in the Bar Council, power and duties of chairman and vice-chairman, constitution
of one or more funds, organizations of legal aid, and meetings conduct of business of any
committee, management and investment of funds of Bar Council.

Section 49- of the Advocate Act confers on the Bar Council of India general power to make
Rules for discharging its functions under this Act.
V) Power to Punish for Professional or other misconduct -

Section 36- of Advocate Act 1961 empowers the Bar Council of India to punish an Advocate
for professional or other misconduct like suspending advocate from practice for such as it
may deem feet and remove the name of the Advocate from the state roll of Advocate. It has
power to dismiss the complaint, reprimand the Advocate.

VI) Appellate Power -

Section 37 of the Advocate act empowers the Bar Council of India to hear appeal against the
order of Disciplinary Committee of a Bar Council. Every such appeal shall be heard by the
disciplinary committee of Bar Council of India.

Section 38 provides that any person aggrieved by the order passed by the Disciplinary
Committee of Bar Council of India, maybe challenged within 60 days by way of appeal
before Supreme Court.

VII) Other powers and functions of Bar Council of India –

 To give such financial assistance as it fit to the State Bar Council in need of funds for
the purpose of performing its function.

 To prevent a citizen of any country from practicing profession of law in India when
that country specified by the central government in this behalf, prevents citizen of
India from practicing the profession of law in their country.

 To call for the record of any proceedings from any State Bar Council or Committee
thereof to see legality and proprietary of such proceeding.

 To give its own order of any of its committee accept the disciplinary committee.

 To give direction to the State Bar Council or any other Committee thereof for the
proper and efficient discharge of the functions of the State Bar Council.

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