Bar Council of India: Constitution, Powers, and Functions notes — Unit 2

Before 1961, lawyers were strictly controlled and disciplined by the High Court Judges. This threatened the independence of the Bar.

⇒The Democratic Shift

The Advocates Act, 1961 introduced the principle of autonomy. Lawyers should be governed by lawyers. Therefore, it created a dual structure of statutory bodies:

• State Bar Councils (SBC): At the regional level (e.g., Bar Council of Uttar Pradesh, Bar Council of Delhi).
• Bar Council of India (BCI): The apex body at the national level in New Delhi.

Every State (or group of States) has a State Bar Council.

⇒Constitution and Election

It is a highly democratic body. The members are:

• Ex-officio Member: The Advocate-General of the State.
• Elected Members: Between 15 to 25 members (depending on the number of advocates on the roll), elected by the advocates on the State Roll using the system of proportional representation by means of a single transferable vote.

The members elect a Chairman and a Vice-Chairman from amongst themselves. The term of the elected members is 5 years.

The State Bar Council is the primary body an advocate interacts with.

⇒Key Statutory Functions:

• Enrolment: To admit persons as advocates on its roll.
• Roll Maintenance: To prepare and maintain the State Roll of advocates.
• Discipline: To entertain and determine cases of misconduct against advocates on its roll.
• Welfare: To safeguard the rights, privileges, and interests of advocates and organize welfare funds for indigent, disabled, or deceased advocates.
• Law Reform: To promote and support law reform.

Your entire legal identity is tied to the Roll.

⇒Maintaining the Roll (Sec 17)

Every State Bar Council must maintain a 'Roll of Advocates'. It is essentially a register containing the names and addresses of all advocates enrolled in that state. It is divided into two parts:

• Part I: Senior Advocates
• Part II: Other Advocates

⇒One Advocate, One Roll

Section 20 clearly states that an advocate's name cannot be entered in the roll of more than one State Bar Council. (However, under Section 18, you can apply to transfer your name from one State Roll to another if you relocate).

The BCI is the supreme regulatory body for the legal profession and legal education in India.

⇒Constitution of BCI

The BCI consists of:

• Ex-officio Members: The Attorney-General of India and the Solicitor-General of India.
• Elected Members: ONE member elected by each State Bar Council from amongst its members. (So if there are 20 State Bar Councils, there are 20 elected members in the BCI).

The BCI elects its own Chairman and Vice-Chairman. The term of a member is tied to their term in the State Bar Council.

The BCI's functions are national in scope.

⇒Professional Standards & Discipline

• 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 committees of each State Bar Council.
• To exercise general supervision and control over State Bar Councils.
• To deal with and dispose of any matter arising from a State Bar Council.

Unlike other professions where the University Grants Commission (UGC) dictates everything, legal education in India is heavily controlled by the BCI.

⇒Educational Functions (Sec 7)

• To promote legal education and to lay down standards of such education in consultation with the Universities and State Bar Councils.
• To recognize Universities whose degree in law shall be a qualification for enrolment as an advocate.
• To visit and inspect Universities/Law Colleges to ensure compliance with standards (infrastructure, faculty, library).

(If the BCI de-recognizes a law college, its graduates cannot enroll as advocates, rendering the degree useless for practice).

This is the mechanism that creates a unified National Bar.

⇒What is it?

The BCI maintains a 'Common Roll' of advocates. This is essentially a master database containing the names of all advocates entered in all the State Rolls across India.

⇒Right to Practice (Section 30)

Because of this unified system, an advocate whose name is entered in the State Roll (and thereby the Common Roll) is entitled as of right to practice throughout the territories to which this Act extends:

• In all Courts including the Supreme Court.
• Before any Tribunal or person legally authorized to take evidence.

Bar Councils function through various specialized committees.

⇒1. Disciplinary Committee (Sec 9)

Every Bar Council MUST constitute one or more disciplinary committees. It consists of three persons (two elected from the Council, and one co-opted person who is an advocate with at least 10 years of standing). This committee conducts the 'trials' for professional misconduct.

⇒2. Executive Committee (Sec 10)

Handles the day-to-day management, finances, and administration of the Bar Council.

⇒3. Enrolment Committee (Sec 10)

Examines the applications for admission to the State Roll.

The Advocates Act provides the skeleton. The BCI provides the flesh and blood through its rules.

⇒General Power

Section 49 empowers the Bar Council of India to make rules for discharging its functions under the Act. These rules are binding on all advocates and State Bar Councils.

⇒Areas covered by BCI Rules:

• Conditions for the right to practice (e.g., the AIBE exam rule).
• Standards of professional conduct and etiquette (The ethics code).
• Standards of legal education and inspection of law colleges.
• Dress code for advocates in courts.

To improve the quality of legal professionals, the BCI introduced a crucial rule.

⇒The Mechanism

Merely obtaining a law degree and enrolling in the State Bar Council grants you only a provisional enrolment. To get a permanent 'Certificate of Practice', an advocate must pass the AIBE conducted by the BCI within two years of their provisional enrolment.

⇒Legal Validity

The Supreme Court in V. Sudeer v. BCI initially questioned BCI's power to impose pre-enrolment training. However, the BCI shifted AIBE to a post-enrolment requirement under its power to lay down conditions for the right to practice, which has been upheld.

• Autonomy: Legal profession is self-regulated by elected State Bar Councils and the Bar Council of India.
• SBC Functions: Enrolls advocates, maintains the State Roll, and handles initial disciplinary actions.
• BCI Functions: Apex body. Sets national standards for professional ethics, maintains the Common Roll, and regulates legal education/universities.
• Committees: Disciplinary, Executive, and Enrolment committees do the actual groundwork.
• Section 30: An advocate on the State/Common roll has an absolute statutory right to practice in any court in India.

⇒Premium Advice for Top Marks

• BCI vs SBC: Never confuse their roles. SBC is your local registrar and trial court for discipline. BCI is the national policy-maker, appellate body for discipline, and the strict principal of all law colleges. Highlighting BCI's power to 'de-recognize universities' shows depth.
• Section 30 (Right to Practice): Always mention this when writing about the Bar Councils. Explain how it replaced the fragmented British system, where a Vakil from Bombay couldn't easily practice in Calcutta.
• Constitution of BCI: If asked about the composition of the BCI, don't forget the Ex-officio members (Attorney-General and Solicitor-General). It shows the connection between the Bar and the Government's top law officers.