Important Institutions

Introduction

• The Bar Council of India (BCI) is a statutory and autonomous body, established under the Advocates Act, 1961. BCI regulates the legal education and legal practice in India and exercises disciplinary authority over advocates.

What is the Historical Background of Bar Council of India?

• After the Constitution of India 1950 (COI) came into force on 26^th January 1950, the annual meeting of Inter-University Board was held in Madras. In this meeting the board passed a resolution emphasizing the need of All India Bar and desirability of having high standards for law related examination in different universities across the country.
• In May 1950, under the Presidency of S. Varadachariar Madras Provincial Lawyers Conference passed a resolution that government shall appoint a committee for the purpose of evolving a scheme for an All-India Bar.
• On 1^st October 1950 in a meeting of Madras Provincial Lawyers Conference, the Bar Council of Madras adopted that resolution.
• On 12^th April 1951 Shri Syed Mohammed Ahmad Kazmi, Member of Parliament introduced a bill to amend the India Bar Councils Act.
• In August 1951, the law minister announced in Parliament that the government is considering setting up a committee of Inquiry to go into the problem in detail.
• The All-India Bar committee was constituted and was headed by the Hon’ble S. R. Das, Judge, Supreme Court of India.
• The committee submitted its report on 30^th March 1953.
• The report proposed a formation of Bar Council in each state and All India Bar Council at national level.
• All India Bar Council will be the apex body and play an important role in regulating the legal profession and legal education.
• On the recommendations of this report a comprehensive bill was introduced in Parliament in 1961, which resulted in the Advocates Act, 1961.
• The Bar Council of India was established by the Parliament under the Advocates Act, 1961.

What is the Composition of Bar Council of India?

• BCI consists of elected members from each State Bar Council for a 5-year term.
• BCI also have two ex-officio members which are:
  • Attorney General of India
  • Solicitor General of India.
• Chairman and Vice-Chairman are elected from among the members of BCI for a term of 2 years.

What are the Functions of Bar Council of India?

• Section 7 of the Advocates Act, 1961 provides the following regulatory and representative mandate for BCI:
  • To lay down standards of professional conduct and etiquette for advocates.
  • To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Councils.
  • To safeguard the rights, privileges and interests of the advocates.
  • To promote and support law reform.
  • To deal with and dispose of any matter arising under this Act, which may be referred to it by the State Bar Council.
  • To exercise general supervision and control over State Bar Councils.
  • 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 Councils.
  • To recognize Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf.
  • To conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest.
  • To organize legal aid to the poor in the prescribed manner.
  • To recognize on a reciprocal basis foreign qualification in law obtained outside India for the purpose of admission as an advocate under this Act.
  • To manage and invest the funds of the Bar Council.

What are the Committees of Bar Council of India?

• BCI has various committees which make recommendations to the Council, in which Legal Education Committee and the Disciplinary Committees are Statutory Committees.
  • Disciplinary Committee:
    • Section 9 of the Advocates Act, 1961 talks about this committee.
    • One or more Disciplinary Committee can be formed by BCI and consists of 3 members.
    • This committee plays an important role in setting standards of professional conduct and etiquette for Advocates.
    • The disciplinary committee entertains applications relating to revision filed by persons against summary dismissal of their complaints against advocates for professional misconduct by the State Bar Councils and appeals against orders of the disciplinary committees of the State Bar Councils.
  • Legal Education Committee:
    • This committee consists of total 10 members in which, 5 members from the BCI and 5 members from other than BCI representing Judiciary, Law Ministry, University Grants Commission and Academicians.
    • The committee elects its own Chairman.
    • This committee makes recommendations to BCI on all matters relating to legal education in India and for laying down the standards of legal education in universities.
    • This committee can visit and inspect the universities and can submit reports to BCI.
    • This committee can recommend BCI the continuance or discontinuance of recognition of any university in India.
  • Executive Committee:
    • This committee elects its Chairman and Vice-chairman from amongst the members of BCI.
    • This committee mainly takes care of funds, accounts and has the power to consider the annual audit report and place it before the Council with its comments for its consideration.
    • Preparation of the annual administration report and the statement of account.
    • Maintaining a library and under the direction of the Council, publish any journal, treatise or pamphlets on legal subjects.
    • The committee can appoint auditors and fix their remuneration.
• There are other committees, namely Advocate Welfare Association, Legal Aid Committee, Building Committee and Rules Committee formed to investigate specific issues arising from time to time.