Kriti Professional
Kriti Professional
Kriti Professional
PROFESSIONAL ETHICS
Topic – Bar Council of India under The Advocates Act 1961
ARPIT SHARMA
ACKNOWLEDGEMENT
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.
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
• 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.
Chairman and Vice-Chairman from among its members, and they serve
for two years.
• Elected representatives from each State Bar Council (elected for a five-year term)
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
India. The BCI is crucial in setting standards for legal education, ensuring
• 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
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.
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
• 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
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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Section 11 allows the Bar Council to appoint a secretary, accountant, and other
staff members as necessary. The secretary and accountant must possess the
• Maintenance of Accounts
Under Section 12, the Bar Council of India must maintain books of accounts and
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
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
legal aid, meetings and conduct of the business of committees, and management
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
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
Disciplinary Committee of the Bar Council of India to file an appeal before the
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.
The Bar Council of India has various statutory functions outlined in Section 7 of
Council.
and interests.
6. Legal Education: It promotes legal education and sets standards for legal
education in consultation with universities and State Bar Councils. It also visits
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
• 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,
Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India may
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
the concerned State Bar Council. Advocates are obligated to ignore calls for
strikes or boycotts.
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
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.
or boycotts.
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
Held:
The court held that the Code of Ethics for advocates does not allow them to
Facts:
In this case, Smt. D Anuradha, the wife of D Saibaba, filed a complaint under Section
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
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
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
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
Furthermore, the Bar Council of India exercises its powers in various areas,
including legal education. It sets standards and recognises law degrees from
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/