Bar Council of India

The legal profession has a significant impact on the administration of justice in India. The legal profession in the country is heavily regulated under the Advocates Act of 1961, which established the Bar Councils. The Indian Parliament passed the Act, which requires the establishment of bar councils at the national, state, and district levels to oversee the legal profession and the conduct of advocates across the country.

Advocates Act, 1961

The Advocates Act of 1961 is a comprehensive piece of legislation in India that governs the licensing, supervision, and punishment of lawyers. The Act, which replaced the Indian Bar Councils Act of 1926, resulted in a number of changes to the nation's legal system. The primary goals of the Act are to ensure the proper operation of the legal profession and high ethical standards among advocates.

The Act mandates the formation of Bar Council of India (BCI) at the national level and State Bar Councils (SBCs) at the state level (almost every State of India has its own State Bar Council. The BCI regulates the legal profession at the national level, while the SBCs regulate the legal profession at the state level. The District Bar Associations (DBAs) are affiliated with the SBCs and work under their supervision.

State Bar Councils

Section 3 provides for the establishment of the state bar council and accordingly, state bar councils are formed at the state level and are made up of members elected by the advocates who are members of the respective State Bar Councils. The number of members on the State Bar Councils varies by state; each state bar council is made up of elected and nominated members, and the Chairman and Vice-Chairman are elected by the council's members.

Functions of State Bar Council

According to Section 6, the State Bar Councils are responsible for the following functions

• Enrolling advocates, maintaining an advocate's roll, and removing advocates' names from the roll due to professional misconduct.

• To safeguard the interests, rights, and privileges of advocates on their roll;

• To publish journals and papers of legal interest, organize talks on legal topics by eminent jurists, and conduct seminars on those topics

• The State Bar Councils are in charge of promoting legal education and providing poor people with access to the justice system.

• The State Bar Councils have the authority to set ethical standards for lawyers.

Bar Council of India

Section 4 of the Act provides for the establishment of the Bar Council of India which shall consist of the following members

• The Attorney-General of India, ex officio;

• The Solicitor-General of India, ex officio;

• One member elected by each State Bar Council from amongst its members.

Functions of the Bar Council of India

According to Section 7, the Bar Council of India shall have the following functions

• Regulating the legal profession − The Bar Council of India regulates the standards of professional conduct and etiquette for advocates. It also lays down the rules and regulations governing the legal profession.

• Legal education − The Bar Council of India is responsible for laying down the standards of legal education in India. It regulates the establishment and functioning of law schools and law colleges in the country.

• Conducting disciplinary proceedings − The Bar Council of India has the power to conduct disciplinary proceedings against advocates who violate the rules and regulations governing the legal profession. It has the power to conduct disciplinary proceedings against advocates who violate the standards of professional conduct and etiquette. They can impose penalties, including suspension or cancellation of the advocate's license to practice.

• General supervision and control over state bar councils

• To hold seminars and organize talks on legal topics by eminent jurists, as well as to publish legal journals and papers

• To protect advocates' rights, privileges, and interests

Conclusion

Bar Councils play an important role in regulating the legal profession in India. They ensure that advocates follow professional conduct and etiquette standards and take action against those who do not. They also represent the interests of advocates and provide legal aid to the poor and needy.

Frequently Asked Questions

Q1. What is a Bar Council?

Ans. A Bar Council is a statutory body established under the Advocates Act, of 1961, to regulate the legal profession in India.

Q2. What is the role of Bar Councils?

Ans. The main role of Bar Councils is to regulate the entry and the conduct of advocates, including their education, training, and professional standards. Bar Councils also lay down rules for professional ethics and etiquette, and take disciplinary action against advocates who violate these rules

Q3. What are the functions of Bar Councils?

Ans. The functions of Bar Councils include −

• Maintaining standards of legal education and professional conduct of advocates.

• Conducting and organizing continuing legal education for advocates.

• Enrolling advocates on its rolls.

• Removing the name of advocates from its rolls for misconduct.

• Promoting and supporting law reform.

• Protecting the rights, privileges, and interests of advocates.

Q4. What is the significance of Bar Councils in the legal profession?

Ans. Bar Councils play an important role in upholding the legal profession's standards and ethics. They ensure that advocates adhere to the highest standards of professionalism and conduct, which is necessary for the legal system to function properly.