Role of Bar Councils in India: Powers and Functions

03 July, 2024

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Introduction

Indian law relies heavily on bar councils to regulate and administrate legal services. India's whole law system is based on its numerous bar councils. Setting up bar councils is to maintain high levels of professionalism, ethics, and order in all its activities. Under the Advocates Act of 1961, Bar Councils are created to look after different vital functions to safeguard fidelity as well as competence in the practice of law in India. This article will explore the powers and functions of Bar Councils in India: State Bar Councils and the Bar Council of India (BCI).

Bar Councils

These statutory bodies govern the legal profession in India. Bar Councils ensure that the public can trust the legal system and seek reliable legal representation by regulating the enrolment and conduct of lawyers. Bar Councils are of two main types:

Bar Council of India (BCI)
State Bar Councils

Bar Council of India (BCI)

The BCI is the supreme regulatory body that oversees professional standards and legal education at the national level. The Parliament established the BCI under Section 4 of the Advocate Act to regulate and represent the Indian bar. As per Section 4 of the Act, the Bar Council of India should consist of “the Attorney General of India (ex-officio), the Solicitor General of India (ex-officio), and one member elected by each State Bar Council from amongst its members.” There are various functions of the BCI including the conduction of the All India Bar Examination (AIBE) to grant advocates a ‘Certificate of Practice’ allowing them to practice law in India. The BCI has been given various powers which are mostly divided amongst different committees set up by the Advocate Act. These include the Disciplinary Committee, Executive Committee, Legal Education Committee, Advocate Welfare Committee, and Legal Aid Committee. BCI also has the power to constitute more committees to regulate legal services efficiently.

Functions of the Bar Council of India

The statutory functions of the Bar Council of India under Section 7 of the Advocate Act, 1961, are listed as follows:

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 Council.
To safeguard the rights, privileges, and interests of 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 a 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 should be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause directs the State Bar Councils to visit and inspect Universities.
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 qualifications in law obtained outside India for admission as an advocate under this Act.
To manage and invest the funds of the Bar Council.
To provide for the election of its members.

BCI may constitute one or more funds for giving financial assistance to organize welfare schemes for the indigent, disabled, or other advocates as well as for legal aid or advice and for establishing law libraries. Moreover, they can also receive gifts, grants, donations, or beneficiaries for the same.

State Bar Councils

Each state in India has its own Bar Council which regulates the legal profession within its jurisdiction known as State Bar Council. It is established under Section 3 of the Advocate Act, 1961. According to Section 8 of the Act, the term of office of an elected member of a State Bar Council should be 5 years from the date of publication of the result of his election. Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the BCI may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding 6 months.

Functions of State Bar Councils

Section 6 of the Advocate Act deals with ‘Functions of State Bar Councils’. It states that “The functions of a State Bar Council shall be-

To admit persons as advocates on its roll;
To prepare and maintain such roll;
To entertain and determine cases of misconduct against advocates on its roll;
To safeguard the rights, privileges, and interests of advocates on its roll;
To promote and support law reform;
- 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 manage and invest the funds of the Bar Council;
To provide for the election of its members.”

State Bar Councils may also constitute one or more funds (can also receive gifts, grants, donations, or beneficiaries) for giving financial assistance to organize welfare schemes for the disabled, or other advocates as well as for legal aid or advice and for establishing law libraries.

Conclusion

Bar Councils in India serve as the backbone of the legal profession, ensuring that advocates uphold ethical standards and professionalism while advocating for reforms and protecting the interests of lawyers. As the legal landscape in India continues to evolve, the bar councils will remain crucial in safeguarding the principles of justice, fairness, and ethics that underpin the country's legal system.