POWERS AND FUNCTIONS OF BAR COUNCILS

Sec.3 of the Act provides for the establishment of State Bar Councils and Sec.4
provides for the establishment of a Bar Council of India.
Establishment and Organization:
(a) For each of the State 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. [*Bar council of
Telangana State, **Jharkhand State Bar Council was originally part of Bar
Council of Bihar].[***Bar Council of Chhattisgarh, Bilaspur, Chhattisgarh
(Part of MP); (****Bar Council of Uttarakhand, Nainital, Uttarakhand
(Uttaranchal)]
(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 States of Kerala and the Union Territory of Lecadive,
Minicoy and Amindivi Islands, to be known as the Bar Council
of Kerala;
d) For the States of TN and the UT of Pondicherry to be known
as the Bar Council of Madras, [now known as Bar council of TN and
Puducherry]

e) For the States of Maharashtra and Goa and the UTs of Dadra
and Nagar Haveli and Daman and Diu to be known as the Bar
Council of Maharashtra and Goa.
f ) For the State of Punjab and Haryana and the Union Territory
of Chandigarh to be known as the BC of Punjab and Haryana.
g) For the State of Himachal Pradesh, to be known as the BC of
HP.
h) For the State of West Bengal and the UTs of Andaman and
Nicobar Islands, to be known as the BC of WB; and
i) For the UT of Delhi – BC of Delhi.
The State Bar Council shall consist of the following
members:
a) SBC of Delhi: the Addl. Solicitor-Gen of India - ex
officio;
 for SBC of Assam, Nagaland, Meghalaya, Manipur and
Tripura: the Advocate-Gen. of each of the States - ex
officio,
 for SBC of Punjab and Haryana, the Adv. Gen. of each of
the State of Punjab and Haryana - ex officio; and
 in case of any other State Bar Council, the Adv.-Gen of the
State, ex officio.
[An ex officio member is a member of a body (a
board, committee, council, etc.) who is part of it by
virtue of holding another office].
b) In the case of a SBC with an electorate not exceeding five
thousand - 15 members; in the case of SBC with an
electorate exceeding 5000 but not exceeding 10000 - 20
members; and in case of SBC with an electorate
exceeding 10000 - 25 members, elected in accordance
with the system of proportional representation
 In addition to the members, the SBC shall have Chairman
and Vice Chairman, elected by the Council .
 Sec.10-B – A member deemed to have vacated his office if
he absents, without sufficient cause, for three consecutive
meetings of the Bar.
Powers and Functions of the SBC:
 Every BC is a body corporate having perpetual succession and a
common seal with power to acquire and hold property – both
movable and immovable
 Sec.6 provides for functions of SBC –
a) To admit persons as advocates 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;
ee) To conduct seminars and organize talk on legal topics by
eminent jurists and publish journals and papers of legal
interest;
eee) To organize legal aid to the poor in the prescribed manner;
f) To manage and invest the funds of the BC;
g) To provide for the election of its members;
h) To perform all other functions conferred on it by or
under this Act;
i) To do all other things necessary for discharging the
aforesaid functions
 Sec.6(2): SBC may constitute one or more funds in the
prescribed manner for the purpose of -
a) giving financial assistance to organize welfare schemes for
the indigent, disabled or other advocates;
b) Giving legal aid or advice in accordance with the rules
made in this behalf
 SBC may receive any grants, donations, gifts or
benefactions for all or any of these purposes.
 In addition to the above – Admission as advocates on
a State roll is an important function of the BCS.
 Sec.27: Where SBC refuses the application for admission
as an advocate, no other SBC shall entertain an
application for admission of such person, except with the
previous consent in writing of the SBC which refused the
application.
 It is required to issue a Certificate of enrolment.
 It also maintains the rolls of Advocates (Sec.17): The
rolls of Advocates shall consist of two parts, the first part
containing the names of senior advocates and the second
part, the names of other advocates.
 No person shall be enrolled as an advocate on the roll of
more than one SBC.
 Sec.19: SBC to send copies of rolls of advocates to the BCI;
and also communicate any alterations and additions to it
to BCI.
 Rule making power of SBC – unless they have been
approved by the BCI.
 Power to punish for professional or other misconduct
(Sec.35) – the SBC to refer the case (complaint) to
Disciplinary Committee, and the DC shall fix a date for
the hearing of the case and shall cause a notice thereof to
be given to the advocate concerned, and the Advocate-Gen
of the State. The DC may make any of the following order:
a) Dismiss the complaint or where the proceedings were
initiated at the instance of the SBC, direct that the
proceedings be filed;
b) Reprimand the advocate;
c) Suspend the advocate from practice for such period as it
may deem fit;
d) Remove the name of the advocates from the State roll of
advocates.
 Appointment of Committees and Staff members
(Sec.9) – SBC 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
Sec.3(2) and who are not members of Council.
 SBC may constitute one or more Legal Aid Committee -
members not exceeding nine, but not less than 5.
 SBC shall constitute the following standing committees:
 An Executive Committee, consisting of five members
elected by the Council from amongst its members;
 An Enrolment Committee consisting of three members
elected by the Council from amongst its members.
 Sec.10(3): SBC my constitute from amongst its members
such other committees, as may deem necessary.
 Sec.11: SBC shall appoint a Secretary and may appoint an
Accountant and such other members.
 Maintenance of Accounts etc. (Sec.12): The accounts of
BC is required to be audited by the auditors and a copy of
report and accounts to be sent to BCI – to be published in
Official Gazette.
Bar Council of India [Sec.4(1)]:
(a) The Attorney-General of India, ex officio;
(b) The Solicitor-General of India, ex officio;
(c) One member elected by each SBC from amongst its
members.
BCI shall have a Chairman and Vice-Chairman elected
by the Council. [Sec.4(2)].
Powers and functions of BCI (Sec.7):
i) To lay down standards of professional conduct and
etiquette for advocates;
ii) To lay down the procedure to be followed by its
disciplinary committee and the disciplinary committee
of each State Bar Council;
iii) to safeguard the rights, privileges and interests of
advocates;
iv) To promote and support law reform;
v) To deal with and dispose of any matter arising under this
Act which may be referred to it by a State Bar Council;
vi) To exercise general supervision and control over State Bar
Council;
vii) To promote legal education and to lay down standards of
such education in consultation with the Universities in
India imparting such education and the State Bar Councils
viii) To recognize Universities whose degree in law shall be a
qualification for enrolment as an Advocate and for that
purpose to visit and inspect Universities or cause the State
Bar Councils to visit and inspect Universities in
accordance with such directions as it may give in this
behalf.
ix) To conduct seminars and organize talk on legal topics by
eminent jurists and publish journals and papers of legal
interest;
x) To organize legal aid to the poor in the prescribed
manner;
xi) To recognize on a reciprocal basis foreign qualifications
in law obtained outside India for the purpose of
admission as an advocate under this Act;
xii) To manage and invest the funds of the Bar Council;
xiii) To provide for the election of its members;
xiv)To perform all other functions conferred on it by or
under this Act;
xv) to do all other things necessary for discharging the
aforesaid functions.
 Sec.7-A: BCI may become a member of International
Legal bodies, such as the International Bar Association or
the International Legal Aid Association.
 Admission as advocates;
 Appointment of Committee and Staff members
 Maintenance of Accounts; etc.
 Rule Making Power (Sec.15): The BCI may make rules
which may provide for –
a) The election of members of the BC by secret ballot
b) The manner of election of the Chairman and VC
c) The manner in which and the authority by which,
doubts and disputes as to the validity of an election to
the BC and SBCs shall finally be decided;
d) The filling of casual vacancies in the Bar Council;
e) The powers and duties of the Chairman and VC of BCI
f) The constitution of one or more funds by BCI
g) Organization of legal aid and advice to the poor
h) Summoning and holding of meetings of the BC
i) The constitution and functions of any committees
j) the summoning and holding of meetings, the conduct of
business of any such committee
k) The qualification and the conditions of service of the
Secretary , accountant etc.
l) The maintenance of books of accounts and other books
m) Appointment of auditors and the audit
n) The management and investment of the funds of BCI.