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GURU GHASIDAS UNIVERCITY, BILASUR,


CHHATTISGARH

PROFESSIONAL ETHICS
Topic – Bar Council of India under The Advocates Act 1961

SUBMITTED BY- SUBMITTED TO-

ARPIT SHARMA

B.ALL.B (7TH SEMESTER) FACULTY (SCHOOL OF LAW)

ROLL. NO.- 21099109

ENROLL. NO. – GGV/21/02010


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ACKNOWLEDGEMENT

I would like to extend my heartfelt gratitude to everyone who made this


presentation on the Bar Council of India possible. First and foremost, I express
my deepest appreciation to Sagar sir and Vinita mam, whose invaluable guidance
and insights were instrumental in shaping this work.

I also thank the faculty and staff of Guru Ghasidas Vishwavidyalaya for their
unwavering support and encouragement throughout this endeavour. Special
thanks to the members of the Bar Council of India for their comprehensive
resources and exemplary conduct, which provided a robust foundation for this
presentation.

Last but not least, I am profoundly grateful to my family and friends for their
constant motivation and understanding during the course of this project.

Thank you all for your contributions and support.


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DECLARATION

I hereby declare that this assignment is my original work. All sources used for
research and information have been duly acknowledged. Any material that is not
original has been properly cited and referenced. This assignment has not been
submitted for assessment in any other course or at any other time.

ARPIT SHARMA
Roll no 21099109
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CERTIFICATE

I am glad to submit this project report on Bar Council of India under The
Advocates Act 1961 as a part of my academic assignment. The project is
based on Research methodology. I think this would be significant for
academic purposes as well as prove information to all the readers. Here
though I declare that this paper is an original piece of research and the
borrowed text and ideas have been duly acknowledged.

ARPIT SHARMA
BALL.B. 7th semester
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TABLE OF CONTENT

• INTRODUCTION 06

• WHAT IS THE BAE COUNCIL OF INDIA? 06

• COMPOSITION OF BAR COUNCIL OF INDIA 07

• POWER OF BAR COUNCIL OF INDIA 08

• FUNCTION OF BAR COUNCIL OF INDIA 11

• CASE LAWS 13

• CONCLUSION 15

• REFERENCES 16
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INTRODUCTION-

• 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 word
‘Bar Council’ is covered by Section 2(1)(e) of the Act. Section 4 of the
Act establishes the Bar Council for the territories to which the Act
applies. 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
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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.


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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.
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• 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.


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• 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.


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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.


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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.


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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-

i) 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.

ii) 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.

iii) 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.
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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.

iv) 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
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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.


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REFERENCES-

• https://blog.ipleaders.in/advocates-act-1961/

• https://www.barcouncilofindia.org/info/advocates-act-1961

• https://lawbhoomi.com/powers-and-functions-of-the-bar-council-of-india/

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