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Bar Counsil of India

The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate legal practice and education in India. The Bar Council of India is the top statutory body that sets standards for legal education, grants law degree recognition, prescribes professional conduct rules, and exercises disciplinary control over lawyers. State Bar Councils are established in each state and handle local matters like admitting advocates to their rolls. The Act aims to consolidate laws around legal practitioners and provide for the constitution of these regulatory councils.

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Amitpal SINGH
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234 views8 pages

Bar Counsil of India

The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate legal practice and education in India. The Bar Council of India is the top statutory body that sets standards for legal education, grants law degree recognition, prescribes professional conduct rules, and exercises disciplinary control over lawyers. State Bar Councils are established in each state and handle local matters like admitting advocates to their rolls. The Act aims to consolidate laws around legal practitioners and provide for the constitution of these regulatory councils.

Uploaded by

Amitpal SINGH
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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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 The Advocates Act, 1961 is an act to

consolidate and amend the law relating to legal


practitioners and to provide for the constitution
of the Bar Councils and an All-India Bar. It was
enacted by the Parliament in the Twelfth Year of
the Republic of India.
 The Advocates Act,1961 provides for the constitution of
two types of councils:
 State Bar Council-Section 3
 Bar Council of India-Section 4
 The Bar Council of India is a statutory body
established under Section 4 of 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.
 To promote and support law reforms
 To exercise general supervision and control over State
Bar Council.
 Rule making power
 To recognize Universities whose degree in law shall be
a qualification for enrollment as an advocate and for that
purpose inspect Universities
 To manage and invest the funds of the Bar Council
 To provide for the election of its members
 To provide legal aid to the poor.
 To promote legal education.
 According to section 3, there shall be a bar
council for each of the states . It provides for
the establishment and organisation.
 It shall consist of the following members,
namely: (a) in the case of the State Bar Council
of Delhi, Additional Solicitor General of India ex
officio.
 A State Bar Council shall consist of the
members according to the clause (2) of Section
3 of the Advocates Act, 1961.
 There shall be a Chairman and a Vice-Chairman
of each State Bar Council elected.
i. Admission as an advocate on state roll (S.24)
ii. Maintenance of roll of advocates (S.17)
iii. Rule- making power (Section 16 to 27)
iv. Power to punish for professional or other misconduct
(s. 35)
v. Appointment of committees and staff members
vi. To safeguard the rights, privileges and interest of
advocates on its roll.
vii. To promote and support law reform
viii. To manage and invest the funds of the Bar Council
ix. To provide for the election of its members
1. Indian Council of Legal Aid and Advice v. Bar
Council of India, AIR 1995 SC 691
The Supreme Court held that the rule debarring a person
who has completed the age of forty five to be enrolled
as an advocate is arbitrary , unreasonable and beyond
the power of the Bar Council of India.
2. V. Sudeer v. Bar Council of India, AIR 1999 SC 1167
The Supreme Court held that the Bar Council can exercise
power and fame rules for effectively discharging its
statutory function as laid down by the Act.

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