Bar Council of India (BCI): Powers, Functions and NALSAR Enrolment

Subject: GS 2: Polity and Governance

Context: Recently, the BCI briefly directed State Bar Councils to halt enrolment of NALSAR’s 2026 graduates, but withdrew the order due to backlash.

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About Bar Council of India (BCI) (UPSC Prelims 2022)

• The Bar Council of India is a statutory body established under the Advocates Act, 1961, to regulate the legal profession and legal education in India.
• Headquarters: New Delhi.
• Composition: It comprises representatives elected from State Bar Councils, along with the Attorney General of India and Solicitor General of India as ex-officio members.
• Leadership: The Council elects its Chairman and Vice-Chairman from among its members.
• Powers and Functions
  • Professional Conduct: Under Section 7 of the Advocates Act, 1961, the BCI lays down standards of professional conduct and etiquette for advocates and prescribes procedures for disciplinary committees.
  • Legal Education: The BCI promotes legal education and lays down standards of legal education in consultation with universities and State Bar Councils.
  • Recognition of Law Universities: The BCI recognises universities whose law degrees qualify a person for enrolment as an advocate and may inspect such universities or direct State Bar Councils to conduct inspections.
  • Supervision of State Bar Councils: The BCI exercises general supervision and control over State Bar Councils.
    • Under Section 48B, it can issue directions to State Bar Councils for the proper and efficient discharge of their functions.
  • Advocates’ Welfare and Law Reform: The BCI safeguards the rights, privileges and interests of advocates, promotes law reform, organises legal aid, and can establish funds for advocates’ welfare and legal libraries.
  • Foreign Qualifications and Rule-making: The BCI can recognise foreign law qualifications on a reciprocal basis and has rule-making powers under Section 49, including rules concerning professional conduct and legal education.

Who Enrols Advocates?

• State Bar Councils, and not the BCI, have the primary power to admit persons as advocates on their rolls under Section 6.
  • However, under Section 26, if a State Bar Council proposes to reject an enrolment application, the matter is referred to the BCI, and the State Bar Council must decide it in conformity with the BCI’s opinion.

About NALSAR

• The National Academy of Legal Studies and Research (NALSAR) is a premier National Law University established in 1998 in Hyderabad, Telangana.
• Chancellor: The Chief Justice of the Telangana High Court serves as Chancellor.
• Vice-Chancellor: The university’s Vice-Chancellor heads its academic and administrative functioning.
• Governance: Its functioning is supported by statutory bodies such as the Executive Council and Academic Council.

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