PROFESSIONAL ETHICS

(LW 5086)

PROJECT
ON

“ POWERS AND FUNCTIONS OF STATE BAR COUNCIL”

SUBMITTED TO: SUBMITTED BY:

Prof. Bibhu Kaibalya Manik ANAMIKA

1682014
BBA.LLB (a)
9th Sem.
INTRODUCTION;

The State Bar Councils are statutory bodies established under Section 3 of the Advocates Act, 1961. These
were set up as different councils for the states and union territories of India. They act as regulatory bodies,
making rules for the legal profession and education in their respective states and also act as the
representatives of the advocates of that state, thereby acting in their interests. Section 6 of the Advocates
Act, 1961 also lays out the functions to be performed by the State Councils in their respective states. They
work in coordination with and under the supervision of the Bar Council of India, which is a national body
established under Section 4 of the Advocates Act, 1961.1

Authoritarian sources such as Black's Law Dictionary defines “Bar” as “the railing that separates the front
area where the judge, court personnel, lawyers and witness conduct court business, from the back area
which provides seats for observers.” The same dictionary has also defined the ‘Bar’ as “the whole body of
lawyers qualified to practice in a given court or jurisdiction; the legal profession or an organized sub-set of
it.” In the modern context, the term “bar” has acquired distinctive importance owing to change in the
dynamics of the legal profession and now collectively refers to the Advocates licensed by the proper
authority to practice in all or particular courts within the territorial bounds of the State.
Quite often, in a global context, the terms “bar councils” and “bar associations” are used synonymously to
refer to a professional and quite often a statutory body regulating the legal profession in the particular
country ensuring the bare minimum standards of conduct and ethics to be followed in courts of law and may
often also control and regulate Legal Education along with Legal Profession. However, considering the
Indian Context, “Bar Council” and “Bar Association” are two completely different organizations entrusted
with different functions, having different powers and more importantly having different legal statuses and
sanctity. The two bodies function within their own, clearly defined boundaries however with a common goal
of strengthening and uplifting the legal profession and legal fraternity in India. Owing to the restrains of the
research proposition, this article will focus in-depth only on “Bar Council”.

 As per the;
Section 5 of the Advocates Act, 19612 invariably provides for every Bar Council to be a “Body Corporate”
having a common seal and perpetual succession. Rendering, a statutory body as that of the bar council of
India, with the status of a ‘body corporate’ ensues several Legal consequences. This main objective sought
to be achieved through this article is to analyze in detail, such consequences entailed purely from the lens of

1
SRD Law Notes, The Constitution, Functions and Powers of State Bar Councils, https://www.srdlawnotes.com/2017/02/the-
constitution-powers-and-functions.html
2
Section 5 of the Advocates Act, 1961 (Act 25 of 1961)
law. However, before delving into the peculiarities associated with the status of Bar Council as a Body
Corporate, it is incumbent to briefly examine the history as well as the structure of Bar councils in India.

POWER AND FUNTION OF THE STATE BAR COUNCILS

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.

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.
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.

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.

(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.

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

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.