State Bar Councils: Structure, Functions, and Power

Most of the States and some of the Union Territories have the state bar council, which play a crucial role in defining and structuring the legal profession and education in their respective state. It is an administrative body that enrolls new advocates, maintains the advocates’ roll, defines the legal education offered by different universities, and also takes disciplinary action against the advocate who misbehaves or does not follow the code of ethics defined under the Advocates Act of 1961.

Formation of State Bar Councils

Section 3 of Advocates Act, 1961 states that “there shall be state bar council.” Likewise, state bar councils are the statuary bodies that governs the legal profession in their respective jurisdictions.

Structure of the State Bar Councils

As per section 3 (2) of Advocates Act, a State Bar Council shall consist of the following members, namely −

• In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India will be ex-officio member; and, in case of all other state, the advocate-general will be the ex-officio member.

• In the case of a State Bar Council with an electorate not exceeding 5,000, 15 members, in the case of a State Bar Council with an electorate exceeding 5,000 but not exceeding 10,000, 20 members, and in the case of a State Bar Council with an electorate exceeding 10,000, 25 members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council.

• There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.

Functions of the State Bar Councils

Section 6 of Advocates Act, 1961, defines various functions of the state bar councils. Some key functions are −

• 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 the growth of Bar Associations for the purposes of effective implementation of the welfare schemes;

• to promote and support law reform;

• to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;

• to organise 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;

• to visit and inspect Universities in accordance with the directions;

• to perform all other functions conferred on it by or under this Act;

• to do all other things necessary for discharging the aforesaid functions.

Powers of the State Bar Councils

Being a statutory and administrative body, the state bar councils have various power such as −

• Rule-Making Authority − State Bar Councils have the authority to make rules regarding the conditions for enrollment and admission, standards of professional conduct, and disciplinary proceedings.

• To Conduct Election − State Bar Council has the power to conduct election, which include the manner of conducting election, eligibility to cast postal vote, manner of publishing results, deciding validity of all such elections, etc.

• Constitution and Management of Funds − Based on situation and requirement, state bar council can constitute fund and manage it accordingly.

• Organization of Legal Aid − As per the situation, state bar council can constitute committee to provide legal aid to all poor or marginalized classes of society.

• Administrative Power − The state bar councils have the power to appoint auditors to audit the accounts of the Bar Council.

• Disciplinary Action − One of the most significant powers of state bar council is to initiate disciplinary proceedings against the advocates found guilty of professional misconduct.

• Legal Education Regulation − State Bar Councils have the authority to regulate legal education within their jurisdiction. They prescribe standards for law schools and legal courses to ensure that aspiring lawyers receive quality education aligned with ethical principles.

List of State Bar Councils in India

As per the section 3 (1); following are the major state bar councils in India −

Sl. No.	Bar Council of State	Headquarters
1	Bar Council of Andhra Pradesh	Amaravati, Andhra Pradesh
2	Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim	Gauhati, Assam
3	Bar Council of Bihar	Patna, Bihar
4	Bar Council of Chhattisgarh	Bilaspur, Chhattisgarh
5	Bar Council of Delhi	New Delhi, Delhi
6	Bar Council of Maharashtra and Goa	Mumbai, Maharashtra
7	Bar Council of Gujarat	Ahmedabad, Gujarat
8	Bar Council of Punjab and Haryana	Chandigarh
9	Bar Council of Himachal Pradesh	Shimla, Himachal Pradesh
10	Jammu and Kashmir Bar Council	Srinagar, Jammu and Kashmir
11	Bar Council of Jharkhand	Ranchi, Jharkhand
12	Bar Council of Karnataka	Bengaluru, Karnataka
13	Bar Council of Kerala	Kochi, Kerala
14	Bar Council of Madhya Pradesh	Jabalpur, Madhya Pradesh
15	Bar Council of Odisha	Cuttack, Odisha
16	Bar Council of Rajasthan	Jodhpur, Rajasthan
17	Bar Council of Tamil Nadu and Puducherry	Chennai, Tamil Nadu
18	Bar Council of Telangana	Hyderabad, Telangana
19	Bar Council of Uttar Pradesh	Allahabad, Uttar Pradesh
20	Bar Council of Uttarakhand	Nainital, Uttarakhand
21	Bar Council of West Bengal	Kolkatta, West Bengal
22	Meghalaya Bar Council	Shillong, Meghalaya
23	Bar Council of Tripura	Agartala, Tripura
24	Bar council of Manipur	Imphal, Manipur

Conclusion

Moreover, state Bar Councils in India stand as administrative authorities and guardians of legal ethics, education, and professionalism in their respective states/jurisdiction. Their sophisticated structure, diverse functions, and extensive powers collectively contribute to the strong and ethical practice of law in the country.

Frequently Asked Questions

Q1.What is the role of State Bar Councils in India?

Ans.Most of the states of India have a State Bar Council that play an important role in regulating the legal profession within their respective jurisdictions. They are responsible for functions including enrollment of advocates, maintenance of rolls, disciplinary proceedings, legal education regulation, and the welfare of advocates.

Q2.How are members of State Bar Councils elected?

Ans.Members of State Bar Councils are elected through a democratic process. Advocates practicing in the respective state or union territory participate in the elections (a few fight election) and all other advocates vote to choose representatives based on specified criteria. However, the size of the council varies based on the number of lawyers in the region.

Q3.What disciplinary powers do State Bar Councils possess?

Ans.In case of complaint against any advocate or other bar member, State Bar Councils have the authority to initiate disciplinary proceedings for professional misconduct. They can take actions ranging from issuing warnings to suspending or removing advocates from the roll of legal practitioners.

Q4.Can State Bar Councils regulate legal education?

Ans.Yes, State Bar Councils have the power to regulate legal education within their states or jurisdiction. They set standards for law schools, prescribe qualifications for admission, and ensure that legal education aligns with ethical principles.

Q5.How do State Bar Councils contribute to the welfare of advocates?

Ans.One of the significant roles of State Bar Councils are to contribute to the welfare of advocates by providing financial assistance, insurance, and legal aid. They address issues related to the working conditions of lawyers and work towards creating a supportive environment for the legal fraternity.

Q6.What is the relationship between State Bar Councils and the Bar Council of India (BCI)?

Ans.Though State Bar Councils are independent bodies at the state or union territory level, but they are affiliated with the Bar Council of India. The BCI acts as the apex regulatory authority administering the functioning of State Bar Councils and ensuring uniformity in legal standards.

Q7.Can advocates approach State Bar Councils for legal aid?

Ans.Yes, the advocate who is facing difficulties can approach State Bar Councils for legal aid. State Bar Councils may provide support, including financial assistance and legal representation, to advocates in need.

Q8.What is the significance of the financial autonomy of State Bar Councils?

Ans.Financial autonomy facilitates State Bar Councils to manage funds independently collected through enrollment fees and other sources. Furthermore, this autonomy enables them to carry out welfare activities and support advocates, ensuring the effective and efficient functioning of the legal fraternity.