Subject: Professional Ethics

B.A.LL.B-IXth Sem
Subject Teacher: Dr. Md. Junaid
Study Material of Unit-II-(C)(a)(b)(c)(d)
Topic: Committees of Bar Council of India

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, and an Enrolment 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.

Functions of State Bar Council

Section 6 of Advocate Act provides for functions of State Bar Council. Its functions are:

1. The State Bar Councils are empowered to admit persons as advocates on roll and maintain
such roll.

2. They act upon the complaints made regarding the misconduct of advocates on its roll.

3. The State Bar Councils are responsible for the growth and promotion of the Bar Associations
so that it can effectively administer its functions.

4. The State Bar Councils need to bring in reform in the Legal Profession.
5. They organise and conduct various talks, seminars, workshops, conferences on various topics
by eminent to jurists to better equip the Bar and publish Legal journals and other materials to
keep the Bar updated of the latest developments in the field.

6. The State Bar Councils organize legal aid for the poor and downtrodden and also manage the
funds allocated to or raised by it.

7. They are also tasked with conducting periodic elections for its various posts and also ensure
that these are conducted in a free and fair manner.

8. The State Bar Councils also regulate the Legal Education imparted in the respective State
Universities.

Enrolment Committee

Every State Bar Council is required to establish an enrolment committee comprising of three
members. The members shall be elected by the Council from amongst its members. All the
applications for admission as an advocate made to the State Bar Council shall be referred to the
Enrolment Committee for furthering the enrolment process. Based on the directions of the State
Bar Council, the Committee shall dispose of all applications. In case the Committee decides to
refuse admission to an applicant, the matter shall be referred to the Bar Council of India for its
opinion accompanied with a written statement containing the grounds of refusal of the
application." The application shall be disposed by the Committee in compliance with the opinion
of the Bar Council of India. If the Enrolment Committee based on the opinion of the BCI refuses
the application for enrolment of a person, the State Bar Council shall send intimation of such
refusal, including the name, address and qualifications of the applicant as well as the grounds of
refusal to all the other State Bar Councils of the country as soon as may be.

Section 10(1)(b) of the Act deals with composition of Enrolment Committee which says A State
Bar Council shall constitute the following standing committee, namely:-- an enrolment
committee consisting of three members elected by the Council from amongst its members.

Functions of Enrolment Committee

1. To consider an application sent to it under section 26 by the State Bar Council. Section
26 reads as:
(1) State Bar Council shall refer every application for admission as an advocate to its
enrolment committee, and subject to the provisions of sub-section (2) and (3), and to
any direction that may be given in writing by the State Bar Council in this behalf,
such committee shall dispose of the application in the prescribed manner:

Provided that the Bar Council of India may, if satisfied, either on a reference made to
it in this behalf or otherwise, that any person has got his name entered on the roll of
advocates by misrepresentation as to an essential fact or by fraud or undue influence,
remove the name of such person from the roll of advocates after giving him an
opportunity of being heard.
(2) Where the enrolment committee of State Bar Council proposes to refuse any such
application, it shall refer the application for opinion to the Bar Council of India and
every such reference shall be accompanied by a statement of the grounds in support
of the refusal of the application.
(3) The enrolment committee of State Bar Council shall dispose of any application
referred to the Bar Council of India under sub-section (2) in conformity with the
opinion of the Bar Council of India.
(4) Where the enrolment committee of a State Bar Council has refused any application
for admission as an advocate on its roll, the State Bar Council shall as soon as may
be, send intimation to all other State Bar Councils about such refusal stating the
name, address and qualifications of the person whose application was refused and the
grounds for the refusal.
(5) The Enrolment Committee shall dispose of the application sent to it under section
26(1)
(6) The Enrolment Committee may admit or refuse the enrolment application sent to it by
State Bar Council
(7) If The Enrolment Committee refuse any such application, then it shall refer the
application for opinion of BCI
 (8) The Enrolment Committee shall dispose of the application in conformity with the
opinion tendered by BCI

Aparna Basu Mallick vs. Bar Council of India(1983)

In this case Under the Calcutta University Act, 1951 - Regulation 35 of the Calcutta University
First Regulations, 1951 provided:

A woman candidate may be allowed to appear as a non-collegiate student (1) at the preliminary
Law Examination one year after her graduation from this University, (2) at the Intermediate Law
Examination one year after passing the Preliminary Law Examination, and (3) at the Final Law
Examination one year after her passing the Intermediate Law Examination of this University.
There is no prescribed application Form for this purpose. Intending candidates must apply in
plain sheet of paper, together with the usual non-Collegiate Students' Fee and the graduation
diploma or Mark Sheet in original.

The petitioner, based on the regulations of the Calcutta University had started studying the LL.B.
course as a non-collegiate student of the University and after complying with all due
requirements of the University had obtained the degree of law. Thereafter, she had applied to the
State Bar Council for the purpose of enrolment as an advocate but her application was rejected
on the ground of non complying with Rule 1(c) of Part IV of the Bar Council of India Rules on
Standards of Legal Education and Recognition of Degrees in Law for Admission as Advocate
which provides that the course of study in law has been by regular attendance at the requisite
number of lectures, tutorials and moot courts in a college recognised by a University." The
petitioner challenged the decision of the Bar Council on the ground of violation of her right to
enrol and practice the profession of law. The Court recognized the important role of the Bar
Council in upholding the standards of legal education and imposing conditions of regular
attendance etc. for the purpose of obtaining the degree but it also recognized the right of the
petitioner to be enrolled as an advocate after she has complied with all requirements of a
University which has been duly recognized by the Bar Council of India. The Court observed:

One of the functions of the Bar Council of India as contained in Section 7(1) of the Act is to
recognised Universities whose degree in law shall be a qualification for enrolment as an advocate
and for that purpose to visit and inspect Universities. Section 24(1) of the Act provides that a
person shall be qualified to he admitted as an advocate on a state roll on certain conditions one of
which being that contained in Clause (c) (iii) thereof, namely. that he has obtained a degree in
law after the 12th day of March, 1967, after undergoing a three-year-course of study in law from
any University in India which is recognised for the purpose of the Act by the Bar Council of
India. Thus both under Section 7(1) and Section 24(1)(c)(iii), one of the functions of the Bar
Council of India is to recognise Universities whose degree in law is a qualification or condition
for enrolment. The function of the Bar Council of India, therefore, is to recognised Universities
and not the degree in law. Clause (c) (iv) of Section 24(1) of the Act, however, lays down a
condition, inter alia, that if the degree in law has been obtained from any University outside the
territory of India, such degree is recognised for the purposes of the Act by the Bar Council of
India. So under Clause (c) (iii) of Section 24(1), the condition is that in the case of a degree in
law of an Indian University, the University is recognised by the Bar Council of India. But under
Clause (c)(iv) of Section 24(1), and if the degree in law is of a University other than an Indian
University, a different condition has to be fulfilled, namely, that the degree is recognised by the
Bar Council of India. Thus before claiming enrolment as an advocate, besides other conditions, a
person has to fulfil the conditions that he has obtained a degree in law and, if the degree has been
obtained from an Indian University, he has to fulfil a further condition that such University has
been recognised by the Bar Council of India, but if the degree has been obtained from a
University outside the territory of India, that the degree is recognised by the Bar Council of
India.

It is an admitted fact that the University of Calcutta has long been recognised by the Bar Council
of India as a University whose degree in law shall be a qualification for the enrolment as an
advocate. The appellant, therefore, fulfils all the conditions of Section 24(1) of the Act as
applicable to her including the condition that she has obtained a degree in law from a University,
that is, the Calcutta University which has been recognised by the Bar Council of India for the
purpose of the Act. Accordingly, the appellant is entitled to claim enrolment as an advocate.

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.

Composition of Disciplinary Committee

Section 9 of the Act deals with composition of Disciplinary Committee

(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall
consist of three persons of whom two shall be persons elected by the Council from amongst its
members and the other shall be a person co-opted by the Council from amongst advocates who
possess the qualifications specified in the proviso to sub-section (2) of section 3 and who are not
members of the Council, and the senior-most advocate amongst the members of a disciplinary
committee shall be the Chairman thereof.

(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee

constituted prior to the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964)
may dispose of the proceedings pending before it as if this section had not been amended by the
said Act.

Power of Disciplinary Committee

Section 42 of Advocate Act deals with power of Disciplinary Committee

Section 42 Powers of disciplinary committee. –

(1) The disciplinary committee of the Bar Council shall have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following
matters, namely ;-

a. summoning and enforcing the attendance of any person and examining him on oath ;

b. requiring discovery and production of any documents ;

c. receiving evidence on affidavits ;

d. requisitioning any public record or copies thereof from any court or office ;

e. issuing commissions for the examination of witness or documents ;

f. any other matter which may be prescribed ;

Provided that no such disciplinary committee shall have the right to require the attendance of

a. any presiding officer of a court except with the previous sanction of the High Court to which
court is subordinate ;

b. any officer of a revenue court except with the previous sanction of the State Government.

(2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be
judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860
(45 of 1860), and every such disciplinary committee shall be deemed to be a civil court for the
purpose of sections 480, 482 and 485 of Code of Criminal Procedure, 1898 (5 of 1898).

(3) For the purpose of exercising any of the powers conferred by sub section (1), a disciplinary
committee may send to any civil court in the territories to which this Act extends, any summons
or other process, for the attendance of a witness or the production of a document required by the
committee or any commission which it desires to issue, and civil court shall cause such process
to be served or such commission to be issued as the case may be, and may enforce any such
process as if it were a process for attendance or production before itself.

(4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on
a date fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit,
hold or continue the proceedings on the date so fixed and no such proceedings and no order
made by the disciplinary committee in any such proceedings shall be invalid merely by reason of
the absence of the Chairman or member thereof on any such date.

Provided that no final orders of the nature referred to in sub-section (3) of Section 35 can be
made in any proceedings unless the Chairman and other members of the disciplinary committee
are present.
(5) Where no final order of the nature referred to in sub section (3) of section 35 can be made in
any proceedings in accordance with the opinion of the Chairman and the members of a
disciplinary committee either for want of majority opinion amongst themselves or otherwise, the
case, with their opinion thereon, shall be laid before the Chairman of the Bar Council concerned
or if the Chairman if the Bar Council is acting as the Chairman or a member of the disciplinary
committee, before the Vice Chairman of the Bar Council, and the said Chairman or the Vice
Chairman of the Bar Council, as the case may be, after such hearing as he thinks fit, shall deliver
his opinion and the final order of the disciplinary committee shall follow such opinion.

Executive Committee

Composition of Executive Committee

Section 10(1)(a)-A State Bar Council shall constitute an executive committee consisting of five
members elected by the Council from amongst its members

Section 10(2)(a)- The Bar Council of India shall constitute standing committees, namely: an
executive committee consisting of nine members elected by the Council from amongst its
members

Powers of Executive Committee

The Executive Committee has the power:

• 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 authorise 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.

Legal Education Committee

Composition

Section 10(2)(b) of Advocates Act provides for constitution of Legal Education Committee, it
provides;

The Bar Council of India shall constitute standing committees, namely: a legal education
committee consisting of ten members, of whom five shall be persons elected by the Council from
amongst its members and five shall be persons co-opted by the Council who are not members
thereof.
The Legal Education Committee consists of five members of the Bar Council of India and five
coopted 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.
 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.

Probable Questions

1. Discuss in detail the composition and Functions of Various Committees under Advocate
Act 1961
2. Explain Briefly the following:
1. Functions and Composition of Enrolment Committee
2. Functions and Composition of Disciplinary Committee
3. Functions and Composition of Executive Committee
4. Functions and Composition of Legal Education Committee