Professional Ethics Psda: History of Bar Council of India

PROFESSIONAL ETHICS
PSDA
HISTORY OF
BAR COUNCIL
OF INDIA
AISHWARYA SHANKAR(9127)
SHAURYA AGGARWAL(9154)
GOKUL KANGAYAM(9015)
SECTION A , LLB
INTRODUCTION
 The Bar Council of India is a statutory body incorporated under
Section 4 of the Advocates Act 1961 that regulates the practice and
education related to the law in India. Its members are selected from
amongst the lawyers in India and as such represent the Bar
Council. It prescribes standards of professional code of conduct,
etiquette and exercises disciplinary jurisdiction over the bar.
 It also sets standards for education in the legal field and gives
recognition to Universities whose degree in law will be served as a
qualification for students to enrol themselves as advocates after
graduation.
Under the Advocates Act, The Bar Council of India was established by the
Parliament. As per Section 7, the following statutory functions cover the Bar
Council’s regulatory and representative mandate for the profession and
education related to the Legal field in India:
1. To lay down standards of professional code of conduct and etiquette for
the advocates.
2. To lay down the procedure for its disciplinary committee and the
disciplinary committees of every State Bar Council.
3. To secure the rights, privileges, and interests of advocates.
4. To encourage and support legal reforms.
5. To deal with and dispose of any matter which is referred to it by a State
Bar Council.
6. To promote legal education and to lay down standards of legal education.
This is done with the consultation of the Universities imparting legal
education and every State Bar Council.
7. To recognize Universities whose degree in law shall be qualified for
enrolment as an advocate.
8. To provide legal aid for the poor and weaker sections of the society.
9. To recognize on an alternate basis, the foreign qualifications in law
obtained outside India for enrolment as an advocate in India.
10. To control and invest the funds of the Bar Council.
11. To provide for the election of its members for the management of the
Bar Councils.
The Bar Council of India may constitute funds for the subsequent
purposes:
1. Giving monetary help to organize welfare schemes for poor, disabled or
other advocates,
2. Giving legal aid, and
3. Establishing law libraries.
The Bar Council of India may receive grants, donations, and gifts for any of
those functions.
HISTORY-1950
When the Constitution of India came into force on January twenty-six,
1950, the Inter-University Board at its annual meeting constituted in
Madras, passed a resolution stressing the necessity for an all-India bar
and underlining the desirability of forming consistently high standards for
law examinations in numerous Universities of the country in view of the
very fact that a Supreme Court of India had been established.
InMay 1950, the Madras Provincial Lawyers Conference stated under he

presidency of Shri S. Varadachariar resolved that the government of India
ought to appoint a committee for the aim of evolving a scheme for an all-
India Bar and amending the Indian Bar Councils Act to bring it in
conformity with the new Constitution.
Atits meeting stated on October 1, 1950, the Bar Council of Madras

adopted that resolution.
HISTORY-1951
Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on
April 12, 1951, a comprehensive bill to amend the Indian Bar Councils Act.
The Government of India took the view that within the modified circumstances
of independence, a comprehensive Bill sponsored by the govt was necessary.
In August 1951, the then Minister of Law proclaimed on the ground of the
House that the government of India was considering a proposal to establish
up a Committee of Inquiry to look into the matter thoroughly. The Committee
was established and asked to look at and report on:
1.The desirability and practicability of a very unified Bar for the whole of India,
2.The continuance or termination of the dual system of counsel and
solicitor(or agent) that obtains within the Supreme Court and within the
Bombay and Calcutta High Courts,
 3.The desirability and practicability of establishing one Bar Council
for (1) the whole of India and (2) for every State,
 4.The formation of a separate Bar Council for the Supreme Court,
 5.The consolidation and revision of the varied enactments (Central
as well as State) concerning legal practitioners, and
 6.All other connected matters.
 The All India Bar Committee was headed by the Hon’ble Shri S.R.
Das, who was the Judge of the Supreme Court of India.
HISTORY-1953
A detailed report was submitted by the All India Bar
Committee on March 30, 1953. The report contained the
proposals for establishing a Bar Council for every state
and an All-India Bar Council at the national level as the
apex institution for governing the profession as well as
to administer the standard of education of Law in India.
Meanwhile, the Law Commission of India had been

assigned for the preparation of a report for the reforms
of judicial administration.
HISTORY-1961
 For the implementation of the recommendations of the
All-India Bar Committee and considering the report
submitted by the Law Commission as advised about the
profession, a comprehensive Advocates Bill was
introduced in the Parliament which resulted in the
Advocates Act, 1961
 M. C. Setalvad and C. K. Daphtary were the first
chairman and vice chairman respectively. In 1963, C. K.
Daphtary became the Chairman and S. K. Ghose
became the Vice Chairman.
ALL INDIA BAR EXAMINATION
On 10 April 2010, the Bar Council of India resolved to conduct an

All India Bar Examination that tests an advocate’s ability to
practice law. It is required for an advocate to pass this
examination to practice law. This examination is held biannually
and tests advocates on substantive and procedural law. The
syllabi for this examination has to be published at least three
months before the examination. An advocate may appear for the
examination any number of times. Once the advocate passes the
examination, he/she will be entitled to a Certificate of Practice
law throughout India.It is clarified that the Bar Examination shall
be mandatory for all law students graduating from academic
year 2009-2010 onwards and enrolled as advocates under
Section 24 of the Advocates Act, 1961.
THANK YOU

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PROFESSIONAL ETHICS

InMay 1950, the Madras Provincial Lawyers Conference stated under he

Atits meeting stated on October 1, 1950, the Bar Council of Madras

Meanwhile, the Law Commission of India had been

On 10 April 2010, the Bar Council of India resolved to conduct an

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