Bar Council of India: Establishment, Composition, Functions

Introduction

The Bar Council of India, established by Parliament, is a statutory body tasked with regulating and  representing the Indian legal profession. It oversees professional conduct, sets standards for legal education, and grants recognition to universities whose law degrees qualify for advocate enrollment. Additionally, it exercises disciplinary authority over advocates.

Establishment of Bar Council of India

• Statutory, an autonomous body established under the Advocates Act, 1961.
• All India Bar Committee under Justice S.R. Das (1951): recommended the establishment of All India Bar Councils and State Bar Councils.
• Law Commission of India (1958): Recommended establishment of All India Bar Councils and State Bar Councils
• Nodal ministry: Ministry of Law and Justice ( Department of Legal Affairs) .

Composition of Bar Council of India

• Consists of both the elected as well as the ex-officio members. 
• One member is elected by each SBC from amongst its members.
• Ex-Officio Members: The Attorney-General of India and the Solicitor-General of India are the ex-officio members.
• Chairman and Vice-Chairman: These are elected by the Council from amongst its members (tenure 2 years).
• Tenure: Members elected by an SBC shall be for the period for which he/she holds office as a member of that SBC.
  • The members from the State Bar Councils are elected for five years.
• Committees of The BCI: Consists of Disciplinary Committee (one or more); Legal Aid Committee (one or more); Executive Committee; Legal Education Committee and Other Committees (if necessary)

Functions of Bar Council of India

• Lay Standards: of professional conduct for advocates; 
• Lay Procedure: to be followed by its disciplinary committee and the disciplinary committee of each SBC; safeguard rights, privileges, and interests of advocates; promote and support law reform.
• Deal/ dispose of any matter which is referred to by a SBC.
• Supervision and Control: Exercise general supervision and control over SBCs.
• Promote Legal Education: And lay down standards of legal education. [UPSC 2022]
• Recognised Universities: Whose degree in law shall be a qualification for enrolment as an advocate.
• Conduct seminars and organize talks on legal topics.
• Recognise (on a reciprocal basis) foreign qualifications in law obtained outside India.
• Aid to Poor: To organise legal aid to the poor.
• To manage and invest the funds of the Bar Council.
• To provide for the election of its members who shall run the Bar Councils.
• Perform all other functions conferred on it under the act.

Funds and Grants of Bar Council of India

• BCl may establish funds for the following purposes: 
  • Financial assistance to organize welfare schemes.
  • Giving legal aid or advice.
  • Establishing law libraries.
• The BCl may also receive grants, donations, gifts, and benefactions for the above purposes.
• The BCl can become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association.

The Significance and Objectives of International Affiliations

• Importance of International Partnerships: Affiliations of the Bar Council of India with the bars of other nations are critical for various purposes. Such as
  • Tremendous increase in cross-border transactions and international trade
  • Companies and businesses become more deeply involved in the regional economy as well as in the global economy
• They require expert legal assistance and guidance from lawyers in their home countries as well as from lawyers throughout the region and even beyond, 
  • Purposes of Affiliation: The affiliation would be formed for:
  • Defending the legal principles of democracy and rule of law.
  • Providing better access to justice to the people of the two nations.
  • Representing its members in their dealings with other lawyer organisations around the world
  • Providing better access to the legal information of the two countries 
  • Providing a point of legal assistance and advice in dealings between the two nations resulting in binding treaties, conventions or protocols.
  • Formulating a common code of conduct relating to interactions between the members of the affiliated Bar. 
  • Formulation of committees which would consist of the members of the two Bar to advise the government about cross-border transactions.
  • The affiliation could also facilitate the policy work.

State Bar Councils

• Establishment: The Advocates Act, of 1961 provides for the establishment of an SBC for each state or a common SBC for two or more states/state/union territories. At present, there are 24 SBCs.
• Composition: Consists of both the elected as well as the ex-officio members.
  • SBC with an electorate of 5000:  15 members; 
  • SBC with an electorate of 5k-10k: 20 members; 
  • SBC with an electorate of >10k: 25 members.
• Electoral Process: Elected by the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the SBC. 
• Qualification: One-half of such elected members should have been advocates on a state roll for 10 years.
• Ex-officio Member: The Advocate-General of the state is the ex-officio member. In the case of a common SSC, the Advocate-General of each of the states is the ex-officio member. In the case of the SBC of Delhi, the Additional Solicitor-General of India is the ex-officio member.
• Chairman and Vice·Chairman: Each SBC shall have a Chairman and Vice·Chairman, elected by the Council amongst its members.
• Term: The term of office of an elected member is 5 years. If any SBC fails to provide for the election of its members before the expiry of a said term, then BCI may extend the said term for 6 months.
• Committees: The SBC consists of the following committees: Disciplinary Committee (one or more); Legal Aid Committee (one or more); Executive Committee; Enrolment Committee; Other Committees (if necessary)

Functions of State Bar Councils

• Admit persons as advocates on its roll; Prepare and maintain such roll; Entertain and determine cases of misconduct against advocates on its roll.
• Safeguard rights/privileges/interests of advocates on roll,
• Promote growth of bar association; Promote and support law firm; 
• Conduct seminars and organize talks; 
• Organize legal aid to the poor.
• Manage and invest its funds.
• Provide for the election of its members; visit and inspect universities by BCI directions.
• Perform all other functions conferred on it under this act and do all other things necessary for discharging above functions.

Funds and Grants of State Bar Councils

• Purpose of Funds: SBC may establish funds for the following purposes: Financial assistance to organize welfare schemes; Give legal aid or advice; Establish law libraries.
• Sources of Funding: SBC may also receive grants, donations, gifts and benefactions for the above purposes.

Types of Advocates: Senior Advocates and Other Practitioners

• Classification of Advocates: The Advocates Act, 1961 provides for 2 categories of Advocates – Senior Advocates and other advocates, entitled to practice law before the Courts. 
• Criteria for Designation: The power of SC/ HC to designate an Advocate as a Senior Advocate requires the due satisfaction that the Advocate concerned fulfills the qualifications prescribed under the Advocates Act, 1961.
  • An advocate may, with his/ her consent, be designated as senior advocate if the SC/HC is of the opinion that by his/ her ability standing at the Bar/special knowledge/experience in law, he/she is deserving of such distinction.

Advocates Entitled To Practice Law Before The Supreme Court

• • Senior Advocate: An advocate so designated under the Advocates Act, 1961+ all such advocates whose names were on the roll of the senior advocates of the Court immediately before the commencement of the Advocates Act, 1961.
  • Designation of Senior Advocates: The Supreme Court Rules, 2013, deals with the designation of Advocates as Senior Advocates. 
    • These rules specify that the Chief Justice of India and the Judges, with the Advocate’s consent, have the authority to appoint an Advocate as a Senior Advocate. 
  • Criteria for Designation: This designation is granted if, in their judgment, the Advocate demonstrates exceptional ability, standing in the legal profession, or possesses special knowledge or experience in law that merits such recognition. 
    • The retired Chief Justices/Judges of the High Courts are also eligible for consideration as Senior Advocates in the Supreme Court.
  • Representation in the Supreme Court: A Senior Advocate is not entitled to appear in the Supreme Court without an Advocate-on-Record.
  • Establishment of Permanent Committee: A Permanent Committee has been constituted by the Chief Justice of India to deal with all matters relating to the designation of Senior Advocates in the Supreme Court. 

• Composition of the Committee:

• • • Chairperson: Chief Justice of India.
    • 2 senior most Judges of the Supreme Court.
    • Attorney General for India.
    • A member of the Bar as nominated by the Chairperson and members of this Committee. 

• Advocate on Record

• • • Authorized Representation in SC: An advocate, entitled under the Supreme Court Rules, 2013 to act/plead for a party in the SC.
    • Exclusive Right: No advocate other than an Advocate-on-Record is entitled to file an appearance or act for a party in the Supreme Court. 
    • “Advocates-on-Record” replaced the system of “Agents”.
  • Eligibility Criteria: An Advocate of 7 years standing is entitled to get him/herself registered as an ‘Advocate-on-Record’, provided he/ she fulfills the conditions prescribed.
  • 1959 Amendment: Introduced the ‘Advocate-on-Record’ examination conducted by the Supreme Court. 
    • The Registry of the Supreme Court conducts the Advocate on Record Examination periodically with the approval of the Examination Committee and under the supervision of the Secretary, Board of Examiners, appointed by the Chief Justice of India.
  • Training Requirements: An Advocate is ineligible to participate in the examination unless they have received training from an Advocate-on-Record with at least ten years of standing. 
    • This training must be continuous for a period of one year, starting from the end of the fourth year after the Advocate’s enrollment.

• Other Advocates

• • Inclusion Criteria: Advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961. 
  • Representation in the Supreme Court: They cannot appear/plead /address the Court in any matter on behalf of a party in the Supreme Court unless instructed by an Advocate-on-Record or permitted by the Court.

Conclusion

• The Bar Council of India serves as an important regulatory and representative body for advocates across the country. 
• Through its various functions, including enrollment, discipline, and promotion of legal education, the Bar Council ensures the integrity and professionalism of the legal profession in India. 
• Its affiliations with foreign bars and collaborations with legal institutions globally further enhance its role in fostering legal excellence and upholding the rule of law.