Page |1

TABLE OF CONTENT
1. THE ADVOCATE ACT, 1961: INTRODUCTION.3
2. STATEMENTS OF OBJECT AND REASON.3
3. BAR COUNCIL OF INDIA: INTRODUCTION.8
4. STRUCTURE OF BAR COUNCIL OF INDIA (BCI)
I.FUNCTION OF BCI..10
II.COMMITTES OF BCI...12
III.LEGAL EDUCATION IN COMMITTIEE12
IV.DISIPLINARY COMMITTEE13
V.EXECUTIVE COMMITTEE.....13
VI.ADVOCATE WELFARE COMMITTEE14
VII.LEGAL AID COMMITTEE..15
5. STATE BAR COUNCIL: INTRODUCTION16
6. CONCLUSION.20
7. BIBLIOGRAPHY.21

Page |2

ABSTRACT

The Bar Council of India is a statutory body created by Parliament to regulate and represent the
Indian bar. We perform the regulatory function by prescribing standards of professional conduct
and etiquette and by exercising disciplinary jurisdiction over the bar. We also sets standards for
legal education and grants recognition to Universities whose degree in law will serve as
qualification for enrolment as an advocate.
In addition, we perform certain representative functions by protecting the rights, privileges and
interests of advocates and through the creation of funds for providing financial assistance to
organize welfare schemes for them.

Page |3

ADVOCATE ACT 1961

1. INTRODUCTION OF ADVOCATE ACT 1961

The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British
Parliament enabled the Crown to establish High Courts in India by Letters Patent and these
Letters Patent authorized and empowered the High Courts to make rules for advocates and
attorneys (commonly known as Solicitors). The law relating to Legal Practitioners can be found
in the Legal Practitioners Act, 1879, the Bombay Pleaders Act, 1920 and the Indian Bar Councils
Act, 1926. After Independence it was deeply felt that the Judicial Administration in India should
be changed according to the needs of the time. The Law Commission was assigned the job of
preparing are port on the Reform of Judicial Administration. In the mean while the All India Bar
Committee went into detail of the matter and made its recommendations in 1953. To implement
there commendations of the All India Bar Committee and after taking into account there
commendations of the Law Commission on the subject of Reform of Judicial Administration in
so far as the recommendation relate to the Bar and to legal education, a Comprehensive Bill was
introduced in the Parliament.

2. STATEMENT OF OBJECTS AND REASONS

The Bill seeks to implement the recommendations of the All India Bar Committee made in 1953,
after taking into account the recommendations of the Law Commission on the subject of Reform
of Judicial Administration in so far as the recommendations relate to the Bar and to legal
education. The main features of the Bill are, (1) The establishment of an All India Bar Council and a common roll of advocates, and advocate
on the common roll having a right to practice in any part of the country and in any Court,
including the Supreme Court;
(2). the integration of the bar into a single class of legal practitioners know as advocates;
(3). the prescription of a uniform qualification for the admission of persons to be advocates;
(4). the division of advocates into senior advocates and other advocates based on merit;
(5). the creation of autonomous Bar Councils, one for the whole of India and on for each State.

Page |4

Following the recommendations of the All India Bar Committee and the Law Commission, the
Bill recognized the continued existence of the system known as the dual system now prevailing
in the High Court of Calcutta and Bombay, by making suitable provisions in that behalf: It
would, however, be open to the two High Courts, if they so desire, to discontinue this system at
any time. The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926,
and all other laws on the subject. The Notes on clauses explain, whenever necessary, the various
provisions of the Bill. The Advocate act Bill was passed by both the Houses of Parliament and it
received the assent of the President on 19the May, 1961 and it became The Advocates Act, 1961.
Preamble [19th May, 1961] an act to amend and consolidate the law relating to legal practitioner
and to provide for the constitution of Bar Councils and an All India Bar.

Definition clause under Advocates act 1961

Sec 2. Of the Advocates act 1961 covers all the definition clause.
(a) "Advocate" means an advocate entered in any roll under the provisions of this Act:
(b) "appointed day", in relation to any provision of this Act, means the day on which that
provision comes into force.
(d) "Bar Council" means a Bar Council constituted under this Act;
(e) "Bar Council of India" means the Bar Council constituted under section 4 for the territories to
which this Act extends;
(g) "High Court", except in sub-section (1) and sub-section (lA) of section 34 and in sections 42
and 43, does not include a court of the Judicial Commissioner, and, in relation to a State Bar
Council, means:
(G (I) in the case of a Bar Council constituted for a State or for a State and one or more Union
Territories, the High Court for the State;
(ii) in the case of the Bar Council constituted for Delhi, the High Court of Delhi;
(h) "law graduate" means a person who has obtained a bachelor's degree in law from any
university established by law in India;
(I) "legal practitioner" means an advocate or vakil of any High Court, a pleader mukhtar or
revenue agent;

Page |5

(j) "prescribed" means prescribed by rules made under this Act;

(k) "roll" means a roll of advocates prepared and maintained under this Act;
(l) "State" does not include a Union Territory;
(m) "State Bar Council" means a Bar Council constituted under section 3;
(n) "State roll" means a roll of advocates prepared and maintained by a State Bar Council under
section 17.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or
in the Union Territory of Goa, Daman and Diu, shall, in relation to that State r that territory, be
construed as a reference to the corresponding law, if any, in force in that State or that Territory,
as the case may be.
The advocates act 1961
The Act establishes an All-India Bar Council for the first time. The Attorney-General of India
and the Solicitor-General of India are the ex-officio members of the Bar Council of India. It has
one member elected to it by each State Bar Council from amongst its members. The Council
elects its own Chairman and Vice-Chairman. The Bar Council of India has been entrusted inter
alia with the following important functions:
(1) To lay down standards of professional conduct and etiquettes for Advocates;
(2) To safeguard the rights, privileges and interests of Advocates;
(3) To promote legal education,
(4) To lay down standards of legal education in consultation with the Universities imparting such
education and the State Bar Councils;
(5) To recognize Universities whose degrees in law shall qualify for enrolment as an Advocate?
(6) To visit and inspect the Universities for that purpose;
(7) To exercise general supervision and control over State Bar Councils,

Page |6

(8) To promote and support law reform;

(9) To organize legal aid to the poor.
This Act created a State Bar Council in each State. It is an autonomous body. The AdvocateGeneral of the State is its ex-officio member, and there are 15 to 25 elected Advocates. These
members are to be elected for a period of five years in accordance with the system of
proportional representation by means of single transferable vote from amongst Advocates on the
Roll of the State Bar Council. The State Bar Council has power to elect its own Chairman.
The main powers and functions of the State Bar Council are:
(a) To admit persons as Advocates on its Roll;
(b) To prepare and maintain such Roll;
(c) To entertain and determine cases of misconduct against Advocates on its Roll;
(d) To safeguard the rights, privileges and interests of Advocates on its roll;
(e) To promote and support law reform;
(f) To organize, legal aid to the poor.
Thus, every State Bar Council prepares and maintains a Roll of Advocates and: an authenticated
copy of the Roll is to be sent to the Bar Council of India. An application for Admission as an
Advocate is made to the State Bar Council within whose jurisdiction the applicant proposes to
practice.
Purposes of Advocates act 1961
The advocates Act, 1961 has marked the beginning of a new era in the history of legal profession
by vesting largely in the Bar councils the power and the jurisdiction which the courts till then
exercised. It has fulfilled the aspirations of those who had been demanding an all India Bar and
effecting a unification of the bar in India by the creation of a single class of practitioners with

Page |7

power to practice in all the courts. They are now bound by the rules made under code of conduct
laid down by their own of bodies to which members could resort to for the protection of their
rights, interests and privileges. Thus, the legal profession can play a vital role in upholding
individual rights and efficiently spreading justice while acting as an integrating force in national
life. It is now part of the modern legal system which provides both the personnel and techniques
for effective rational utility. The responsibility of this profession to the Indian society is indeed
great, as has been its history.
However all that glitters is not gold. The responsibility that the Indian Bar bears to the society
and the challenge that it faces today bear a testimony that the Indian Bar has not risen to the level
to discharge its duties.
We may not be able to say with any tolerable measure of consensus what justice signifies; but
there may be a fair measure of consensus on the idea of conditions of justice, one of which is
the construction of public discourse on the nature and limits, legitimacy and legality, of state
power. The denial of such discourse often signifies an end to the very quest for justice. Creation
and sustenance of such conditions has been articulated in the code of ethics providing standards
for identification and measurement of professional grievance. The lawyers as a profession live ad
thrive on ambiguity, inherent in, or imparted to words and the professional deviance of lawyers
is multifaceted.
The highest obligation is to provide free legal aid to the indigent and the oppressed. This
obligation is subject to limits of the advocates economic condition. But we know that even
superstar lawyers whose economic conditions is unconscionably affluent even refuse summarily
to see an indigent person with urgent need for legal assistance. Most senior lawyers stay away
from legal aid programmes of the state. Unless the leaders of the bar do some introspection and
put the profession back on the rails all we will be left with is an occupation and not a profession.

Page |8

3. BAR COUNCIL OF INDIA: INTRODUCTION

The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was
created by Parliament under the Advocates Act, 1961. It prescribes standards of professional
conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for
legal education and grants recognition to Universities whose degree in law will serve as a
qualification for students to enroll themselves as advocates upon graduation.
Section 4. Of the Bar Council of India provides(1) There shall be a Bar Council for the territories to which this Act extends to be known as the
Bar Council of India which shall consist of the following members, namely:
(a) The Attorney- General of India, ex officio;
(b) The Solicitor- General of India, ex officio;
(c) One member elected by each State Bar Council from amongst its members.
Section 4(1-A) of the Act makes it clear that no person shall be eligible for being elected as a
member of the Bar Council of India unless he possesses the qualifications specified in the
proviso to sub- section (2) of section 3.
Section4(2) of the Act provides that there shall be a Chairman and a Vice- Chairman of the Bar
Council of India elected by the Council in such manner as may be prescribed.
Section 4(2-A) of the Act makes it clear that a person holding office as Chairman or as ViceChairman of the Bar Council of India immediately before the commencement of the Advocates
(Amendment) Act, 1977, shall, on such commencement, cease to hold office as Chairman or
Vice- Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of his office until the Chairman or
the Vice- Chairman, as the case may be, of the Council, elected after the commencement of the
Advocates (Amendment) Act, 1977, assumes charge of the office.

Page |9

Section 4(3) of the Act provides that the term of office of a member of the Bar Council of India
elected by the State Bar Council shall
(i)

in the case of a member of a State Bar Council who holds office ex officio, be two
years from the date of his election or till he ceases to be a member of the State Bar
Council, whichever is earlier]; and

(ii)

(ii) in any other case, be for the period for which he holds office as a member of the
State Bar Council:

(iii)

Provided that every such member shall continue to hold office as a member of the Bar
Council of India until his successor is elected.

Section 10-A of the Act provides that The Bar council of India shall meet at New Delhi or at
such other place as it may, for reasons to be recorded in writing, determine. Every Bar Council
and every committee thereof except the disciplinary committees shall observe such rules of
procedure in regard to the transaction of business at their meetings as may be prescribed. The
disciplinary committees constituted under section 9 shall meet at such times and places and shall
observe such rules of procedure in regard to the transaction of business at their meetings as may
be prescribed.
Section 10-B of the Act provides that an elected member of a Bar Council shall be deemed to
have vacated his office if he is declared by the Bar Council of which he is a member to have
been absent without sufficient excuse from three consecutive meetings of such Council, or if his
name is, for any cause removed from the roll of advocates or if he is otherwise disqualified under
any rule made by the Bar Council of India.
Section 14 of the Act provides that no election of a member to a Bar Council shall be called in
question on the ground merely that due notice thereof has not been given to any person entitled
to vote thereat , if notice of the date has, not less than thirty days before that date, been published
in the Official Gazette.
HISTORY of bar council of India.

P a g e | 10

After the Constitution of India was established on January 26, 1950, the Inter-University Board
passed a resolution emphasizing the need for an all-India Bar and the importance of uniformly
high standards for law examinations in different Universities. In May 1950, the Madras
Provincial Lawyers Conference, held under the presidency of Shri S.Varadachariar, resolved that
a committee appointed by the Government of India should evolve a scheme for an all-India Bar
and amend the Indian Bar Councils Act such that it conforms to the new Constitution. On April
12, 1951, Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, proposed a bill to
amend the India Bar Councils Act. The Government of India concluded that it was necessary for
the Government to sponsor the Bill. In August 1951, a Committee of Inquiry was set up to
consider the feasibility of a unified Bar in India, the continuance or abolition of the dual system
of counsel for each state, possibility of a separate Bar Council for the Supreme Court and the
revision of enactments related to the legal profession.
4. STRUCTURE OF THE BAR COUNCIL OF INDIA.
The Bar Council of India consists of 18 Members. The Attorney General of India and the
Solicitor General of India are Ex-officio Members of the council and the other 16 Members
represent the 16 State Bar Councils in the country. The Members are elected for a period of five
years and the Chairman and vice -Chairman are elected for a period of two years from among the
Members of the Bar Council of India. The Bar Council further consists of various committees
viz., Legal Education Committee, Disciplinary Committee, Executive Committee, Legal Aid
Committee, Advocates Welfare Fund Committee, Rules Committee and various other
Committees formed to look into specific issues arising from time to time.
(I). FUNCTIONS OF BAR COUNCIL OF INDIA.
The Bar Council of India was established by Parliament under the Advocates Act, 1961. The
following statutory functions under Section 7 cover the Bar Councils regulatory and
representative mandate for the legal profession and legal education in India:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.

P a g e | 11

3. To safeguard the rights, privileges and interests of advocates.

4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar Council.
6. To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar Councils.
7. To recognize Universities whose degree in law shall be a qualification for enrolment as an
Advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
9. To organize legal aid to the poor.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India
for the purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.

The Bar Council of India can also constitute funds for the following purposes:
1. giving financial assistance to organize welfare schemes for poor, disabled or other advocates,
2. Giving legal aid, and
3. Establishing law libraries.
The Bar Council of India can also receive grants, donations, and gifts for any of these purposes.
With respect to the point 6, (stated above) the Supreme Court has made it clear that the question
of importing legal education is entrusted to the Universities in India and not to the Bar Council
of India. All that the Bar Council can do is to suggest ways and means to promote suck legal

P a g e | 12

education to be imparted by the Universities and for that purpose it may lay down the standards
of education. Sections 7 do not entitle the Bar Council itself to frame rules laying down preenrolment

as

Advocate.

(II).COMMITTEES OF BAR COUNCIL OF INDIA.

The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council.
The Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal
Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar
Council of India Rules permit the Council to appoint from amongst its members, one or more
committees in addition to those specified in the Act. The Council can delegate powers, duties,
and functions to these committees.
The term of the members of the committees of the Council has been specified in Chapter III of
the Bar Council of India Rules. A different term can be specified at the time of election.
(III). LEGAL EDUCATION COMMITTEE.
The Legal Education Committee consists of five members of the Bar Council of India and five
co-opted members to represent the judiciary, the Law Ministry, the University Grants
Commission, and academia. This committee makes recommendations to the Bar Council of India
on all matters pertaining to legal education in the country. The committee elects its own
Chairman.
The Legal Education Committee has the power:
To make recommendations to the Council for laying down the standards of legal education for
Universities.
To visit and inspect Universities and report the results to the Council.
To recommend to the Council the conditions subject to which foreign qualification in law
obtained by persons other than citizens of India may be recognized.

P a g e | 13

To recommend to the Council for recognition of any degree in law of any University in the
territory of India.
To recommend the discontinuance of recognition of any University already made by the
Council.
Precisely, Legal education matters within the Bar Council are regulated by the Legal
Education Committee, which consists of five Members of the Bar Council of India and
five Members co-opted from outside and they represent Judiciary, Law Ministry,
University Grants Commission and Academicians. This is a high powered committee
which makes recommendations to the Bar Council of India on all matters pertaining to
Legal Education in the country. The Legal Education Committee elects its own Chairman.
(IV). DISCIPLINARY COMMITTEE.
The disciplinary committee of the Bar Council of India hears applications for revision by persons
against summary dismissal of their complaints against advocates for professional misconduct, by
the State Bar Councils.
Appeals lie before the Bar Council of India against orders of the disciplinary committees of the
State Bar Councils. Every such appeal is heard by the disciplinary committee of the Bar Council
of India, which may pass an order, including an order varying the punishment awarded by the
disciplinary committee of the State Bar Council.
Each disciplinary committee consists of three members. The term of the members of this
committee is three years.
(V). EXECUTIVE COMMITTEE
The Executive Committee is the executive authority of the Council, and is responsible for giving
effect to the resolutions of the Council. Members of the Executive Committee are elected from
amongst the members of the Bar Council of India. The committee elects its Chairman and Vicechairman.
The Executive Committee has the power:

P a g e | 14

To manage the funds of the Council,

To invest the funds of the Council in the manner directed by the Council from time to time,
To grant leave to members of the staff, other than casual leave,
To prescribe books of account, registers and files for the proper management of the affairs of
the Council,
To appoint and supervise the work of the members of the staff and prescribe their conditions of
service
To appoint auditors and fix their remuneration,
To consider the annual audit report and place it before the Council with its comments for its
consideration,
To maintain a library and under the directions of the Council, publish any journal, treatise or
pamphlets on legal subjects,
To prepare and place before the Council, the annual administration report and the statement of
account,
To provide for proper annual inspection of the office and its registers,
To authorize the Secretary to incur expenditure within prescribed limits,
To fix travelling and other allowances to members of the committees of the Council, and to
members of the staff,
To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,
To do all other things necessary for discharging the aforesaid functions.
(VI). ADVOCATE WELFARE COMMITTEE.
The Advocates Welfare Committee looks into applications made by advocates through various
State Bar Councils for welfare funds. The committee verifies the application and allocates funds.

P a g e | 15

The Advocates Welfare committee is empowered by the Advocates Welfare Fund Act, 2001.
The State Bar Council shall pay to the Fund annually, an amount equal to twenty per cent of the
enrolment fee received by it from advocates clause (f) of Section 24 of the Advocates Act.
The members of the Advocates Welfare Committee are elected from amongst the members of the
Bar Council of India. The term of each member in this committee is two years.
(VII). LEGAL AID COMMITTEE.
The Legal Aid Committee provides aids to those requiring legal assistance.
BUILDING COMMITTEE.
The Building Committee is responsible for setting up offices for the Council.
RULES COMMITTEE.
The Rules Committee reviews the rules and regulations of the Council.
(VIII). MEMBERS OF THE BAR COUNSIL OF INDIA.

-The council elects its own chairmen for a period of two years amongst its
members.

Vice-chairmen - The council elects its own vice-chairmen for a period of two years
amongst its members.

Attorney General of India- Indian governments chief legal advisor and its primary
lawyer in dealing with the Supreme court of India. He is appointed by the president of
India.

Solicitor General of India- is the second law officer of the country. He assists the attorney
general and is himself assisted by several additional Solicitor General of India.

Members elected from each state bar council- they are elected for a period of five years.

HEAD OF THE BAR COUNSIL OF INDIA.

The chairmen is the head of the bar council of India, as of January 2013 is Mr. Manan Kumar
Mishra, a senior advocate is the chairmen of Bar council of India.

P a g e | 16

ADDRESS OF THE BAR COUNSIL OF INDIA.

Bar council of India is situated at 21, Rouse Avenue Institutional area, near Bal Bhawan, New
Delhi-110002,

5. STATE BAR COUNCILS.

A. ESTABLISHMENT AND ORGANIZATION OF THE STATE BAR COUNCIL
There shall be a Bar Council
(A) for each of the States of Andhra Pradesh, Bihar, Gujarat, Jammu and Kashmir, Madhya
Pradesh, Karnataka, Orissa, Rajasthan and Uttar Pradesh, to be known as the Bar Council of that
State;
(B) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram Nagaland and
Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura,
Mizoram and Arunachal Pradesh
(C) for the State of Kerala and the Union Territory of Lakshadweep, Minicoy and Amindivi
islands to be known as the Bar Council of Kerala; for the State of Tamil Nadu and the Union
Territory of Pondicherry to be known as the Bar Council of Madras;
(D) For the States of Maharashtra and Goa and the Union Territories of Dadra and Nagar Haveli
and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;]
(E) For the States of Punjab and Haryana and the Union Territory of Chandigarh, to be known as
the Bar Council of Punjab and Haryana;
(F) For the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;]
(G) For the State of West Bengal and the (Union territory of Andaman and Nicobar Islands), to
be known as the Bar Council of West Bengal; and
(H) For the Union Territory of Delhi, to be known as the Bar Council of Delhi

B. POWER AND FUNTION OF THE STATE BAR COUNCILS

P a g e | 17

Sec. 6 of the advocates act makes provision in respect of the function of state bar council. It
provides that the function of the state bar council shall be(a) To admit persons as advocate on its rolls:
(b) To prepare and maintain such roll:
(c) To entertain and determine cases of misconduct against advocates on its roll:
(d) To safeguard the rights, privileges and interests of advocates on its roll:
(e) To promote and support law reform:
(f) To conduct seminars and organize talk on legal topics by jurists and publish journals and
papers of legal interests:
(g) To organized legal aid to the poor in prescribed manner:
(h) To manage and invest the funds of the bar council:
(i) To provide for the election of its members:
(j) To perform all other functions conferred on it by or under this act:
(k) To do all other things necessary for discharging the aforesaid functions.
Now, State bar council issued a certificate of enrollment in the prescribed form. Than state bar
council shall notify any change in the place of his permanent residence within 90 days of such
change to every person whose name is entered in the state roll.
Section 48 of the advocates act makes provision in respect of indemnity against the legal
proceedings.
(I).ADMISSSIONS AS ADVOCATES ON A STATE ROLL.
if any persons fulfill the conditions or terms for admissions as advocates, or enrolled as advocate
under this act and under the state bar council, an application of admissions of admissions shall
me made in the prescribed form to the state bar council within whose jurisdiction the applicant
proposes to practices. Which is clearly defined under section 24 of the advocates act.
Section 26-A of the advocate act empowers a state bar council to remove from the state roll the
name of any advocate who is dead or from whom a request has been received or that effect.

P a g e | 18

Section 27 of the act state bar council refuses the application of any person on its roll, No other
state bar council shall entertain an application for admissions of such person as an advocate on
its rolls, except with the previsions consent in writing of the state bar council which refused the
application and of the Bar Council of India.
And the state bar council is required to issue a certificate of enrollment in the prescribed form to
every persons. Whose name is entered in the roll of advocates maintained by it under the act.
(II).MAINTAINS OF ROLL OF ADVOCATES
Section 17 provides every state bar council shall prepare and maintain a roll of advocates in
which shall be entered the name and address of1. All persons who were entered as advocates on roll of any High court under Indian Bar
Councils, 1926, immediately before the appointed day including persons being citizens of
India who before 15-8-1947, were enrolled as advocate under the said act in any area
which before the said date was comprised within India as defined in the government of
India act 1935, at any time express or entertain in the prescribed manner to practice
within the jurisdiction of the bar council.
2. All other persons who are admitted to be advocates on the roll of the state bar council
under this act on or after the appointed date
Each such roll of advocates shall consist of two parts, the first part containing the names of
senior advocates and second part, the names of other advocates.
(III).RULE MAKING POWER
The state bar council has been empowered to make rules regarding the for the welfare of the
advocates, such rules may provide for:(A). the time within which and form in which an advocate shall express his intention for the
entry of his name in the roll of a state bar council under section 20.

P a g e | 19

(b). the form in which an application shall be made to the bar council for admissions as an
advocate on its roll and the manner in which such application shall be disposed of by the
enrollment committee of the bar council.
(c). the conditions subject to which a person may be admitted as an advocate on any such
roll:
(d). the instalments in which the enrollment fee may be paid.
(IV).POWER TO PUNISH FOR PROFESSIONAL OR OTHER MISCONDUCT
State bar council makes any rules or provision for the professional and misconduct,
accordingly
a. Date fixed for hearing by State bar council
b. Notice to advocate General
c. Refer case to disciplinary committee
d. Opportunity of being heard
e. Decision
1. Dismissal after hearing
2. Reprimand the advocate
3. Suspend from practice
4. Removed name of advocate from the state roll
(V).MAINTAINCE OF ACCOUNTS
Section 12 of this act provides every bar council maintained books of accounts and other books
in such form and in such manner as may be prescribed. And it shall be follow by Indian
Companies act, 1956. And it is published by Central government.

P a g e | 20

CONCLUSION
The Bar Council of India is a statutory body established under the Advocates Act 1961 that
regulates the legal practice and legal education in India. Its members are elected from amongst
the lawyers in India and as such represents the Indian bar. It prescribes standards of professional
conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards
for legal education and grants recognition to Universities whose degree in law will serve as a
qualification for students to enroll themselves as advocates upon graduation.
As per the Advocates Act, the Bar Council of India consists of members elected from each state
bar council, and the Attorney General of India and the Solicitor General of India who are ex
officio members. The members from the state bar councils are elected for a period of five years.

P a g e | 21

BIBLIOGRAPHY

Books:

Legal & Professional Ethics:

Commentary on Advocates Act, 1961 & Professional Ethics in India

Professional Ethics : anupom

Business Ethics and Corporate Governance

P. Ramanatha Aiyer, N.S. Ranganatha Aiyer

Websites:

http://www.barcouncilofindia.org/

http://www.barcouncilofindia.org/about/all-india-bar-examination/

http://en.wikipedia.org/wiki/Bar_Council_of_India

http://delhibarcouncil.com/resources-for-lawyers/bar-council-of-india/

http://www.allindiabar.org/

http://delhibarcouncil.com/resources-for-lawyers/bar-council-of-india/