The Bar Council of India was established by Parliament under the Advocates Act, 1961.
The
following statutory functions under Section 7 cover the Bar Council’s regulatory and
representative mandate for the legal profession and legal education in India:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar Council.
6. To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar Councils.
7. To recognize Universities whose degree in law shall be a qualification for enrolment as an
advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
9. To organize legal aid to the poor.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India
for the purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also receive grants, donations, and gifts for any of these purposes.
With respect to the point 6, (stated above) the Supreme Court has made it clear that the
question of importing legal education is entrusted to the Universities in India and not to the Bar
Council of India. All that the Bar Council can do is to suggest ways and means to promote suck
legal education to be imparted by the Universities and for that purpose it may lay down the
standards of education. Sections 7 do not entitle the Bar Council itself to frame rules laying
down pre-enrolment as Advocate.
In RaveendranathNaik v. Bar Council of India, the resolution passed by the Bar Council of India
directing advocates not to participate in any programme organized by the Legal Services
Authorities in any LokAdalat or any legal aid programme has been held illegal and void.
In Ex-Captain Harish Uppal v. Union of India, the court held that section 7 provides in respect of
the functions of the Bar Council of India, but none of its functions mentioned in section 7
authorizes it to paralyze the working of the Courts. On the contrary it is enjoined with a duty to
lay down standards of professional conduct and etiquette for advocates. No Bar Council can
ever consider giving a call of strike or a call of boycott. In case any association calls for a strike
or boycott the concerned State Bar Council of India must immediately take disciplinary action
against the advocates who gives a call for a strike. It is the duty of every advocate to ignore a
call of strike or boycott.
COMMITTEES OF BAR COUNCIL OF INDIA
The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council.
The Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal
Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar
Council of India Rules permit the Council to appoint from amongst its members, one or more
committees in addition to those specified in the Act. The Council can delegate powers, duties,
and functions to these committees. The term of the members of the committees of the Council
has been specified in Chapter III of the Bar Council of India Rules. A different term can be
specified at the time of election.
LEGAL EDUCATION COMMITTEE
The Legal Education Committee consists of five members of the Bar Council of India and five co-
opted members to represent the judiciary, the Law Ministry, the University Grants Commission,
and academia. This committee makes recommendations to the Bar Council of India on all
matters pertaining to legal education in the country. The committee elects its own Chairman.
• To recommend to the Council for recognition of any degree in law of any University in the
territory of India.
• To recommend the discontinuance of recognition of any University already made by the
Council.
DISCIPLINARY COMMITTEE
The disciplinary committee of the Bar Council of India hears applications for revision by persons
against summary dismissal of their complaints against advocates for professional misconduct,
by the State Bar Councils.
Appeals lie before the Bar Council of India against orders of the disciplinary committees of the
State Bar Councils. Every such appeal is heard by the disciplinary committee of the Bar Council
of India, which may pass an order, including an order varying the punishment awarded by the
disciplinary committee of the State Bar Council.
Each disciplinary committee consists of three members. The term of the members of this
committee is three years.
EXECUTIVE COMMITTEE
The Executive Committee is the executive authority of the Council, and is responsible for giving
effect to the resolutions of the Council.
Members of the Executive Committee are elected from amongst the members of the Bar
Council of India. The committee elects its Chairman and Vice-chairman.
The Executive Committee has the power:
• To manage the funds of the Council,
• To invest the funds of the Council in the manner directed by the Council from time to time,
• To grant leave to members of the staff, other than casual leave,
• To prescribe books of account, registers and files for the proper management of the affairs of
the Council,
• To appoint and supervise the work of the members of the staff and prescribe their conditions
of service
• To appoint auditors and fix their remuneration,
• To consider the annual audit report and place it before the Council with its comments for its
consideration,
• To maintain a library and under the directions of the Council, publish any journal, treatise or
pamphlets on legal subjects,
• To prepare and place before the Council, the annual administration report and the statement
of account,
• To provide for proper annual inspection of the office and its registers,
• To authorise the Secretary to incur expenditure within prescribed limits,
• To fix travelling and other allowances to members of the committees of the Council, and to
members of the staff,
• To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,
• To do all other things necessary for discharging the aforesaid functions.
