ALIGARH MUSLIM UNIVERSITY

Centre Jangipur MURSHIDABAD

SESSION: 2022-2023

TOPIC:- bar Council of india : powers and functions

An ASSIGNMENT submitted for tutorial work Bachelor of law

(LL.B) SEMESTER: x th

SUBJECT: professional ethics

Student Name: MOHAMMAD.ARHAM

Student roll number: 17BALLB61

Supervisor :
Dr. Asif Iqubal Shah

ASSISTANT PROFESSOR
DEPARTMENT OF LAW ( A.M.U, MURSHIDABAD)
 CERTIFICATE

This is certify that MOHAMMAD ARHAM, A student of

B.A.LL.B.(HONS.) Roll No-17BALLB-61, ENROLLMENT
NO GH9286 Aligarh Muslim University Centre Murshidabad
has successfully completed the tutorial assignment on the topic
bar Council of india : powers and functions under the guidance
of Assistant Professor Dr. Asif Iqubal Shah
during the year 2022-23.

Teacher’s sign
 ACKNOWLEDGEMENT

I express my deep sense of gratitude to my respected teacher

Assistant Professor Dr. Asif Iqubal Shah
for his valuable help and guidance. I am thankful to him for the
encouragement given me in completing tutorial assignment.I am
also thankful to God for cooperation and help.

Lastly, I would like to express my deep apperception towards

my classmates, sibling and my ineptness’ to my parents to
provide me the moral support.

MOHAMMAD ARHAM
ROLL NO-17BALLB-61
ENROLLMENT NO. GH9286
 Table of Contents

➢ INTRODUCTION
➢ Formation of bci
➢ It's objects and functions
➢ Case laws
➢ Powers
➢ Legal basis
➢ Critical analysis
➢ Conclusion
➢ BIBLIOGRAPHY
 INTRODUCTION
The State Bar Councils are statutory bodies established under Section 3 of the Advocates Act,
1961. These were set up as different councils for the states and union territories of India. They
act as regulatory bodies, making rules for the legal profession and education in their
respective states and also act as the representatives of the advocates of that state, thereby
acting in their interests. Section 6 of the Advocates Act, 1961 also lays out the functions to be
performed by the State Councils in their respective states. They work in coordination with
and under the supervision of the Bar Council of India, which is a national body established
under Section 4 of the Advocates Act, 1961.

BCI was made to prescribe a standard of professional conduct, etiquette and exercise
disciplinary jurisdiction. 1 BCI additionally sets standards for legal education and gives
recognition to Universities whose degree in law fills in as a qualification for students to enrol
themselves as advocates after graduation.

BCI comes under the domain of Ministry of Law and Justice, Government of India and it is
a corporate body having an interminable succession and a common seal. The BCI has
constituted a few committees, for example, the Education Committee, the Disciplinary
Committee, the Executive Committee, the Legal Aid Committee, the Advocates Welfare
Fund Committee, the Rules Committee, and different Committees framed to look after the
explicit issues emerging every once in a while.

Formation of BCI

The need for All India Bar was felt just after the enforcement of the Constitution of India. In
the annual meeting of Inter-University Board held in Madras, a resolution was passed for the
need of an All Indian Bar and it was also emphasized that there should be uniformity in law
examination conducted by different universities of the country.

In May 1950, the Madras Provincial Lawyers Conference was held under the administration
of S. Varadachariar settled that the Government of India ought to appoint an advisory group
to develop a scheme for an All India Bar and changing the Indian Bar Council Act to acquire
its congruity with the new constitution. At its gathering held on October 1, 1950, the Bar
Council of Madras embraced a resolution.

Syed Mohammed Ahmad Kazmi, a Member of Parliament, on April 12, 1951, introduced a
comprehensive bill to amend the Indian Bar Councils Act. In August 1951, the then Law
Minister proposed to set a committee of Inquiry to go into the problem in detail. The
committee was asked to prepare a report on the various aspects like the desirability and
feasibility of a unified Bar for the whole India; the establishment of a separate Bar Council
for the Supreme court; and all the related matters. This All India Bar Committee was led by
the Justice S.R. Das and had other seven members. The committee submitted its detailed

1SRD Law Notes, The Constitution, Functions and Powers of State Bar Councils,
https://www.srdlawnotes.com/2017/02/the-constitution-powers-and-functions.html (last visited 07/03/2022, 3:45
PM (IST))
 report on 30 March 1953. The report consisted of a proposal to establish a Bar council for
each state and an All India Bar Council at the national level.

In the meantime, the Law Commission of India was assigned the job of assembling a report
on judicial administration reforms. 2 A comprehensive Advocated Bill was presented in the
Parliament which brought about the Advocates Act, 1961 to implement the suggestion of the
All India Bar Committee and the Law Commission’s proposals related to the legal profession.
The Bar Council of India was established under section 4 of the Advocates Act, 1961. M.C.
Setalvad and C.K. Daphtary were the first chairman and vice-chairman respectively.

It’s objectIves and functIons

The primary objection of BCI is to control and administer the working of all immediate
subsidiary state-level bar councils other than setting out the measures of professional conduct
and etiquette.3

The statutory functions of Bar Council of India are stated under Section 7 of the Advocate
Act, 1961. Following are the functions of BCI concerning the different bodies:

1. Advocates – BCI lays down standards of professional conduct and etiquette for advocates
and BCI also safeguards the rights, privileges, and interests of advocates.

2. State Bar Council– BCI lays down the procedure to be followed by its disciplinary
committee and the disciplinary committee of each State Bar Council. BCI deals with and
disposes of any matter arising under this Act, which may be referred to it by a State Bar
Council. BCI exercises general supervision and control over State Bar Councils.

3. Recognition- BCI recognizes Universities whose degree in law shall be a qualification for
enrolment as an advocate and for that purpose to visit and inspect Universities. BCI also
recognizes on a reciprocal basis foreign qualification in law obtained outside India for
admission as an advocate under this Act

4. BCI promotes and supports law reforms and also gives suggestions or
recommendations.

5. Legal Education– BCI promotes legal education and lays down standards of such
education in consultation with the Universities in India imparting such education. BCI
conducts seminars and organizes talks on legal topics by eminent jurists and publishes
journals and papers of legal interest. BCI also organizes legal aid to the poor in a prescribed
manner.

6. Funds– BCI manages and invests in the funds of the Bar Council. Through this fund BCI
gives financial assistance to organize welfare schemes for poor, disabled, or other advocates.
This fund is also used in giving legal aid and establishing law libraries.

2 Id.
3 https://www.lawinsider.in/columns/bar-council-of-india-and-its-powers
 BCI can receive grants, donations, and gifts for any of the above-mentioned
purposes.

7. Elections– BCI conducts elections regularly to elect its members who shall run the Bar
Councils.

Case laws

Bar Council of Maharashtra v. M.V Dabholkar and others4

Facts:

The Respondents were lawyers practicing in the criminal courts and were charged with
professional misconduct under Section 35(1) of the Advocates Act 1961. They stood
outside the Magistrate courts and tried to snatch briefs from potential litigants in an ugly
scrimmage.

They even engaged in physical fights and promised undercut fees to the litigants to secure
work for themselves. The High Court brought this to the attention of the Bar Council of
Maharashtra who considered the said complaint and referred the matter to its Disciplinary
Committee for further probe.

Held:

The ethics for advocates do not permit advocates to advertise even by way of soliciting,
scrambling or any other obnoxious practices therefore it was held that the Respondents were
guilty of professional misconduct and suspended them from practicing for a period of three
years.

D. Saibaba v. Bar Council of India and another5

Facts:

Smt. D Anuradha was the Respondent No.1 in the civil appeal. She was the wife of D
Saibaba who was the appellant therein. The marriage had broken down and the spouses
were on cross ends with each other.

The wife filed a complaint under Section 35 of the Advocates Act complaining of
professional misconduct on the grounds that the appellant was running a telephone booth
under the handicap quota in spite of being enrolled as an Advocate.

4 Bar Council of Maharashtra v. M.V Dabholkar and others 1976 AIR 242
5 D. Saibaba v. Bar Council of India and another Writ Petition (Civil) 528/2003
 The appellant said that he was indeed handicap and had started the said telephone booth
before he was enrolled as an Advocate due to certain financial constraints and following
that, the booth was being run by his old parents.

He also submitted that the complaint was malicious and had come from a disgruntled wife
who was merely trying to harass him and had also filed false criminal cases against him.

Held:

The Bar Council of India directed the appellant to surrender the telephone booth,
presumably forming an opinion that irrespective of who was running the booth, the booth
was registered under the handicap quota in the name of the appellant and the surrender of
the booth would by itself bring an end to the controversy so far as his conduct as an
advocate was concerned.

The appellant sought some time for the collection of certain dues which could not be
collected if the telephone booth was surrendered.

As the appellant eventually failed to surrender the STD booth, the Bar Council passed an
order advising the State Bar Council under which the appellant was registered to delete his
name from the rolls of Advocates.

Powers

Bar Council of India under its formation has been given powers to regulate many things. Few
major powers that BCI hold are divided amongst the committees set up by the Advocates Act.
Section 9 of the act sets up the Legal Education Committee and under Section 10 an Executive
Committee is set up. Chapter III of the Bar Council of India Rules permits the Council to
form more committees in addition to those specified in the Act. The Council also has the
power to delegate the duties or functions to these committees.6

Legal Education Committee has the power to make recommendations to the council for
laying the standard of legal education. This committee also goes for inspection to different
universities and reports to BCI.

Disciplinary Committee of BCI hears an application for revision by persons against

summary dismissal of their complaints against advocates for professional misconduct, by the
state bar councils.

Executive Committee deals with all the questions related to the management of funds, affairs
of the staff, allotment of work, audit, accounts, library, and legal publications delegation.

Advocate Welfare Committee is empowered by the Advocates Welfare Act, 2001. This
committee looks after the application procedure made by advocates for welfare funds. It also
verifies their application and provides the fund.

6https://www.legalserviceindia.com/legal/article-6221-bar-council-of-india-an-
overview.html#:~:text=Bar%20Council%20of%20India%20under,Executive%20Committee%20is%20set%20up.
 Legal Aid Committee has the power to offer services to the poor, who cannot afford the
services of a lawyer. This committee gives the payment of the court from the charges of
preparing a case, drafting to filing the case.

There are other committees which look after the infrastructure of the council’s office across
the country.

All these committees work under the BCI. BCI has the power to the discontinuance of
recognition of any University which is based on the recommendation by the Legal Education
Committee. BCI also hears every appeal which is proceeded by the Disciplinary Committee.

BCI has the power to conduct the All India Bar Examination (since 2010) which tests an
advocate’s ability to practice law. An advocate must pass this examination to practice law in
any court.

BCI also conducts the National Moot Court Competition which promotes advocacy skills
amongst law students through Bar Council of India Trust (public charitable trust). There is an
Indian Bar Review which is a quarterly journal of BCI and is among the top legal periodicals
in the country.

Legal basis

Advocates Act, 1961 is the act that provides for the constitution of the Bar Councils and an
All-India Bar. Section 3 of the act talks about the State Bar Council whereas Section 4 the act
talks about the existence of Bar Council of India. Section 4 of the act also talks about the
members who will consist of structure BCI. The Attorney- General of India and the Solicitor-
General of India will be ex officio. It also talks about that there will be one representative
from each State Bar Council. 7

Section 5 of the act establishes that BCI will be a corporate body as there will be perpetual
succession and a common seal, and can it sue by the name which it is known 8.

Section 7 of the act mentions all the functions to be performed by BCI. An amendment was
made by Act 60 of 1973 and more functions were inserted in Section 7. Section 7 also gives
power to BCI to become a member of international legal bodies, for example, the
International Bar Association. The Act in Chapter II states all about the council through
different sections. Under Chapter II, the constitution of the different committees, the criteria
of disqualification of members, a staff of Bar Council, etc. are mentioned. 9

Bar Council of India Rules also laid our rules, which were made by BCI in the exercise of
its rulemaking power under the Advocates Act, 1961. Bar Council of India Rules lays down
the procedure for the election or the termination of the members of the council. It also
specifies the powers of the chairman and vice-chairman of the council. Not only this it also
talks about the procedure of the meetings of the council or the meeting of the committees and

7 https://www.uianet.org/en/actions/overview-legal-profession-india
8 The Advocates Act, 1961, No. 25, §3 (India).
9 The Advocates Act, 1961, No. 25, §3 (India).
their reports. Chapter IV of the rules gives the qualification and conditions of service of the
secretary, accountant, and other members of the staff.

All these section and Advocates Act lays down the legal basis of BCI.

Critical analysis

In recent times the horizon of BCI is increasing. BCI has seen the rise in legal education,
about fifty years ago the concept of the law school was very different and more of the
convention but, through the efforts of BCI and other authorities the image of legal education
right now is more practical.

Legal education is also that field which has to fulfil the requirement of globalization. BCI
from time to time is ensuring that the standard of legal education is maintained so that the
graduates can fulfil the requirement of globalization. Hence, BCI ensures that even paralegal
education is also provided to students. Some more changes were recommended by BCI in
legal education after the 184th Report of the Law Commission which urged the need for
having subjects related to International Trade Practice, Comparative Law, International
Human Rights Law, Space Law, etc. to increase intercontinental endeavour among students.

One of the important things to be noticed is that BCI can only recommend or suggest things
but the power of enforcement is exhaustive.

In the pandemic time also, BCI is working for the benefit of its members. The Bar Council of
India has told the Hon’ble Supreme Court that it will be providing some amount for the
assistance to the needy lawyers amid the lockdown.

There are certain provisions in the legal field in India today which the Bar Council must
investigate, so as to protect the law standard from degradation and to keep up the same
standard.

Conclusion

The Bar Council of India has plenty of capacities vested inside itself, whereby practicing
those capacities it can rebuild and reframe the entire legal field in the nation. Indeed, it very
well may be all the more overwhelmingly visualized, that in present-day times it has scarcely
contribute valuably in the improvement of law in India. Bar Council of India is working
effectively, although there have been talks related to an increase in the power of BCI to ensure
more effective command over the law as a profession. Meetings are held regularly to ensure
the smooth functioning of BCI.
BIBLIOGRAPHY

Google References

• lexlife.in
• casemine.com
• barcouncilofindia.org
• Advocates Act 1961