CHAPTER 2 – BAR COUNCILS
Introduction
The legal profession plays a vital role in the administration of
justice. Lawyers are considered officers of the court and are
expected to maintain a high standard of professional conduct
and ethics. To ensure discipline and regulate this noble
profession, the Advocates Act, 1961 established two types of
Bar Councils – the State Bar Councils and the Bar Council of
India (BCI).
These statutory bodies regulate the conduct of advocates,
supervise legal education, and safeguard the rights, privileges,
and interests of lawyers.
A. STATE BAR COUNCIL
1. Establishment and Organization
Under Section 3 of the Advocates Act, 1961, every state shall
have a State Bar Council. The State Bar Council is a corporate
body having perpetual succession and a common seal. It has
the power to acquire, hold, and dispose of property, both
movable and immovable.
Composition:
The State Bar Council consists of –
• The Advocate-General of the State (ex-officio member),
and
• Elected members from among advocates on the roll of the
State Bar Council.
The number of elected members varies depending on the total
number of advocates enrolled in the state.
2. Functions of the State Bar Council
The functions of the State Bar Council are given under Section
6 of the Advocates Act, 1961, and include the following:
1. To admit persons as advocates on its roll.
2. To prepare and maintain such roll.
3. To entertain and decide cases of misconduct against
advocates.
4. To safeguard the rights, privileges, and interests of
advocates.
5. To promote and support law reform.
6. To conduct elections of its members.
7. To constitute committees such as Disciplinary Committee,
Enrollment Committee, etc.
8. To manage funds for the welfare of advocates and their
families.
Thus, the State Bar Council acts as the primary governing
body for advocates within each state.
B. BAR COUNCIL OF INDIA (BCI)
1. Organization
The Bar Council of India is established under Section 4 of the
Advocates Act, 1961. It is the apex body controlling and
supervising the functioning of all State Bar Councils.
Composition:
The Bar Council of India consists of –
• The Attorney-General of India (ex-officio member),
• The Solicitor-General of India (ex-officio member), and
• One member elected by each State Bar Council from
amongst its members.
The members of the BCI elect from among themselves a
Chairman and a Vice-Chairman to manage its affairs.
2. Powers and Functions of the Bar Council of India
The powers and functions of the Bar Council of India are
mentioned under Section 7 of the Advocates Act, 1961. The
main functions include:
1. To lay down standards of professional conduct and
etiquette for advocates.
2. To promote and support law reform.
3. To prescribe standards of legal education in consultation
with universities.
4. To recognize universities whose law degrees qualify for
enrollment as advocates.
5. To manage and invest the funds of the Bar Council.
6. To deal with disciplinary cases of advocates referred by
State Bar Councils.
7. To safeguard the rights, privileges, and interests of
advocates.
8. To organize legal aid for the poor and needy.
9. To perform such other functions as are assigned under the
Act.
Hence, the BCI ensures that the legal profession maintains its
independence, dignity, and ethical standards.
C. DISCIPLINARY COMMITTEES
Both the Bar Council of India and the State Bar Councils have
Disciplinary Committees to look into cases of professional
misconduct by advocates.
• The State Bar Council’s Disciplinary Committee conducts
the initial inquiry against an advocate accused of
misconduct.
• If necessary, appeals from such decisions can be made to
the Bar Council of India.
• A further appeal lies to the Supreme Court of India under
Section 38 of the Advocates Act, 1961.
These Committees play a key role in ensuring that advocates
maintain integrity, honesty, and professional ethics in their
conduct.
D. IMPORTANCE OF BAR COUNCILS
The Bar Councils form the backbone of the legal profession.
They act as regulatory and representative bodies that protect
the interests of advocates and ensure the proper administration
of justice.
Key importance:
1. They uphold professional discipline and ethics.
2. They protect the independence of the legal profession.
3. They encourage continuous legal education and reform.
4. They provide welfare schemes for advocates.
5. They bridge the gap between the Bar and the Judiciary.
Conclusion
The Bar Councils play an indispensable role in maintaining the
dignity, discipline, and independence of the legal profession in
India.
They not only regulate the conduct of advocates but also
promote the highest standards of honesty and integrity,
ensuring that the legal system continues to serve justice in its
truest form.