CHAPTER Ill

BAR COUN CILS

SYN OPSIS
1. Introduction.
2. State · Bar Councils
(1) Establishment and Organisation
(2) Powers and Functions
3. Bar Council of India
(1) Organisation
(2) Powers and Functions
4. Bar Council and Observation of the Principles of Natural Justice

1. Introduction
The Advocates Act provides for the constitution of t;,vo___.t yge!, of Bar
Council-State Bar Councils and Bar Council of India. Seclign 3~ F the Act
provides for the establishment of St~te ,Bar=Cauncil,§ and SecJig,pa...~...of the Act
provides for the establishment of a _liar. Council of .fudia. The organisation,
powers and functions of the Bar Councils may be discussed under the
following headings :
2. State Bar Councils
(1) Establishment and Organisation
Section ,,1 of the Advocates Act provides that there shall be a Bar
Council=-
(a) for each Q.Ul;t@-States of Andhra Pradesh, Bihar, Gujarat, Jammu
and Ka'shmir, Madhya Pradesh, Kamataka, 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, N agaland 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 Laccadive,
Minicoy and Amindivi Islands, to be known as the Bar Council of
Kerala ;
(d) for the States of Tamil Nadu and the Union Territory of
Pondicherry to be known as the Bar Council of Madras ;
(e) 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 ;
(f) for the State of Punjab and Haryana and the Union Territory of
 36 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATION

. ·
Chandigath to b e known as the Bar Council of Punjab anct
Haryana ; b kn th B
(g) for the State of Himachal Pradesh, to e own as e ar Council
of Himachal Pradesh ; . · . .
O f West Bengal and the Umon Terntones of Andain
(h) for the State b known as the Bar Council f ,A,an
and Nicobar Islands, to e O vvest
Bengal, and • b known as the B
(i) for the Union Territory· of Delhi, to e ar Council
of Delhi. t f th .
Section 3 of the Act makes provisions in respec .o e org~isation of
the Bar Counc il . It prov1'd es that a State Bar Council ·· shall consist of the
following members, namely- . 1h. h
- (a) in the case of the State Bar C~un~d of . De 1, t e Additional
Solicitor-General of India, ex officio, m lhe c~se of the _State Bar
Council of Assam, Nagaland, Meghalaya, Mampur and Tnpura, the
Advocate-General of each of the States of Assam, Manipur
Meghalaya, Nagaland and Tripura, ex officio, in the case of the Stat~
Bar Council of Punjab and Haryana the Advocate-General of each
of the State of Punjab and Haryana, ex officio and in the case of
any other State Bar Council, the Advocate-General of the State, ex
officio ;
( b) in the case of a State Bar Council with, a:n electorate I)Ot exceeding
five thousand, fifteen members in the case oF State Bar C,:oµncil with
an eli,ctoi.at1 - ~itdlfig_~
tho1:~~d :-b u t · ..~£i..clfilg, ten
tho~~d, twe~ty meT1?~s ai\g iQ.lhg s ase. 2.t.a Stat~ Bar Council
with · an electorate exceediflg ten thousand, twenty-five members,
elected in accordanc~ 'Yith the
S)'.':Ste"rii'"of propo1tiohal representation
By rneanscitffie'...,s ingl~ sferal,1e ·v ote from amongst advocates
on .the electoral toll o ftneSf'irf~ Bar Et>t.mcir-:--- -
... .,......_ ,.,_ ,__,.. - - Ir~~
-
Provided that as nearly as possible one-half of such elected
members shall, subject to any rules that may be made in this behalf
by the Bar Council of India, be persons who have for at least ten
yea~s been advocates on a State roll and in computing the said .J
penod of ten years in relation to any such person, there shall be
mcluded any period during which the person has been an advocate
enrolled under the Indian Bar Councils Act, 1926.
Tdhbe afforestated proviso does not affect the term of office of any· member
e Iec te e ore the comm f
but every ele ti ft encement o the Advocates (Amendment) Act, 1964,
c on a er such commen t hall b ·th
the provisions of th .1 cemen s e held in accordance Wl
to the said proviso/ ru es made by th e Bar Council of India to give effect
It has also been made clear th (2)
stated above, shall affect the re at no_thing in clause (b) of sub-section
Bar Council ,as constituted im:e~~ntation of elected members in any State
Advocates (Amendment) Act, e iat~ly before the commencement ~£ thd
1973
' tmtil that State Bar Cotmcil is reconshtute
1. Advocates Act, 1961, Section 3(5).
 BAR COUNCILS 37
in accordance with the provisions of this Act. 1
Sub-section (4) of Section 3 of the Act provides that an advocate shall
be disqualified from voting at an election under sub-section (2) of this section,
stated above, or being chosen as and for being, a member of a State Bar
Council, unless he possesses such qualifications or satisfies such conditions as
may be prescribed in this behalf by the Bar Counc:::il of India and subject to
any such rules that may be made, an electoral roll shall be prepared and
revised from time to time by each Bar Council.2
In addition to the members, the State Bar Council shall have a Chairman
and Vice-Chairman elected by the Council in such manner as may be
3
prescribed. Sub-section (3-A) of Section 3 of the Act makes it clear that every
person holding office as Chairman or as Vice-Chairman of any State Bar
Council immediately before the commencement of the Advocates
(Amendment) Act, 1977, on such commencement, cease to hold office as
Chairman or Vice-Chairman, as the case may be :
Provided that every such person shall continue to carry on the duties
of his office until the Chairman or Vice-Chairman, as the case . may be, of
each State Bar Council, elected after the commencement of the Advocates
(Amendment) Act, 1977, assumes charge of the office. 4
Section 10-B of the Advocates Act makes it clear 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 cause, from three consecutive meeting of such Council or 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 13 of the Advocates Act provides that no act done by a Bar
Council or any committee thereof shall be called in question on the ground
merely of the existence of any vacancy in or any defect in the constitution
of, the Council or committee, as the case may be. Section 14 of the Advocates
Act makes it clear that no election of a member to a Bar Council shall be
called in quest.ion 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 30 days before that date, been published in the Official Gazette.
;4 (2) Poww , r9tsd J;gnilio11s4_lq¾SJa.t;;,J;!ar,.C2.,l:lflc~ g ' <:;
-/ i::~ry Bar Council is a body corporate having perpetual succession and
a common seal with power to acquire and hold property, both movable and
immovable and to contract and may by the name by which it is known sue
and be sued. 5
Section 6 of the Advocates Act makes provisions in respect of the
functio~ f the State Bar Council. It provides that the functions of the State
Bar Council shall be-
-(a) to admit persons as advocates on its rolls
1. Advocates Act, 1961, Section 3(6).
2. Ibid., Section 3(4).
3. Ibid. , Section 3(2).
4. Ibid., Section 3(3°A ).
5. T/Jid., Section 5.
 38 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATION

(b) to prepare and maintain such roll ;

(c) to entertain · and determine cases of misconduct against d
. a Vn.-.
its roll · "'-ates 0
(d) to safeg~ard- the rights, privileges and interests of advo 1\
~; \

(e) to promote and support law reform ;

(ee) to conduct seminars and organise talk on legal tapics b .
jurists and publish journals and papers of legal interest eittin.ent
(eee) to organise iegal aid to the poor in the prescribed m~er .
(f) to manage and invest the funds of the Bar Council ; '
(g) to provide for the election of its members ;
(h) to perform all other functions conferred on it by or under this
(i) to do all other things necessary for discharging the af Act ;
functions. "- oresaid
'3 . ?. :i...
There shall be issued a certifitate of enrolment in the p rescribed f
b y the State_fiar C,gµn cil to eve't~ person w'.m,se name is entered in~
oCadvocates maintained b ~ it un 1
er tR1s Act. Every person whose nam -2:
so entered in the State r 11 shall notify any change in the place of ehiis
permanent residence to the State Bar Council concerned within _90 days 0~
such change. 2 -.....

In addition to above, as sub-section (2) of Section 6 provides, a State

Bar Council may constitute on~ OJ-.,J;q,<].{£__,,,funl!,s in the prescribed manner for
the purpose of-(a) giving financial a,ssistance to organise welfare schemes for
the indigent, disabled or other ~ tes ; (b) giving legal aid or advice in
accordance with the rules made in this behalf. 3 Stat e Bar -Council may receive
any grants donations, gifts or benefactions for all or any of these purposes
and it shall be credited to the appropriate fund constituted for this purpose
under this sub-section. 4
Sect~~ 48 of the Advocates Act makes provision in respect of indemnity
agains~ ffie legal proceedings. It provides that no suit or other legal
proceedings shall lie against any Bar Council or any committee thereof or a
member of a Bar Council or any committee thereof for any act in good faith
done or intended to be done in pursuance of the provisions of this Act or
of any rules made thereunder.
The important powers and functions of the State Bar Council~ ~
discussed as follows. ._,, u. 1 - . . - . cs
-- t <1D Admission as
advocates on a State roll.-If a person fuJ~ e
con ditions required for admission as advocates he may be enrolled as _an
-' ., ' . being
advocate by the State Bar Council. The conditions to be fulfilled for Acts
enrolled as an advocate have been stated in Section 24 of the Advocates
An application for admission of admission a t an advocate shall be Illade

1. Advocates Act, 1961, Section 22(1) .

2. Ibid., Section 22(2).
3. Ibid., Section 6(2).
4. Ibid., Section 6(3).
5. As to Section 24, see p. 22.
 BAR COUNCILS 39
the :erescribed form to the State Bar Council within whose jurisdiction the
appl~ ant pi-7'poses to practise. 1 S. 1...S
A State Bar Council is required to refer every application for admission
as an advocate to its enrolment _coJnmittee which shall dispose of the
application in the prescribed manner. 2 Where the enrolment committee of a
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 accompaniecf·'rly a s tatem~nt""'otthe &!9unds in suppo~t__9J. tl.:J.e refusal
3
of the application. The enrolment committee of the State ffar Council is
requirea to dispose of the application so referred to the Bar Council of India
in conformity with the opinion of the Bar Council of India. 4 Where the
enrolment coµ1mittee of the 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 grounds for the refusal. 5
It is to be ,noted that the 1},9r £;ouncil of II:L<lia ,may, if satisfied, either
on a reference made to it in this l:Sehalf or otherwise than any person has
got his name entered on the roll of advocates by ~ as to an
essE!J:ltjaLfae, 0r by fraud or unn:~ ~flue~ce, ry~c;>ve the name_of such person
from the roll of advocates -:Iter g v>ini'i(irg. ~ opportunicy-2f being heJUd, 6
Se.dWin 26-A of the Advocates Act empowers a State Bar Council to
remove from the State roll the name of any advocate who is dead or- from
whom a regu~~Lhas_he.en.....r_e_ceived to_ tbaL effect. 7
Section 27 of the Act provides that where a State Bar Council has refused
the application of any person for . admission as an advocate on its roll, no
other State Bar Council shall entertain an application for admission of such
person as an advocate on its roll, except with the previous consent in writing
of the State Bar Council which refused the application and of the Bar Council
8
of India. ' "-.

The State Bar Council is required to issue a certificate of enrolment in

the prescribed form to every person. _ ·
Cli1' Maintenance of roll of ·advocates.~ £ the Advocates Act
provides that every State Bar Council shall prepare and maintain a roll of
advocates in which shall be entered the name and address of-
(a) all persons who were entered as advocates on the roll of any High
Court under the Indian Bar Councils 'Act, 1926, immediately before
the appointed day including persons being citizens of India who
before 15-8-1947, were enrolled as advocates under the said Act in
any area which before the said date was comprised within India
1. Advocates Act, 1961, Section 25.
2. Ibid., Section 26.
3. Ibid.
4. Ibid.
5. -Ibid.
6. Ibid.
7. Ibid., Section 26-A.
8. Ibid., Section 27.
 WYERS & BENCH-BAR RELATION
LEGAL ETHICS, ACCOUNTABILITY OF LA
40 f India Act, 1935 and who, at a
d
as e n fi ed in the Govemme~t oth
... , t tam · m e prescribed manner to Pract~y Ise
time, express an_ . en er f the Bar Cou~c1·1 '·
w1·t11m °
. the J·urisd1ct1on re a d m1·tted to be advocates
1 , th on .the roij of
(b) all other persons w_10 ader this Act on or after e appom~ed date.
the State Bar Council un hall consist of two parts, the first Part
Each su ch ·roll of advocates s and the second part, the names of
. th names of seru·or advocates
containing e d d ·
ther advocates. 11 of advocates prepare an maintained
o . . each part of the ro . hall be in the order of seniorih,
Entries in th's
1 sect10n 5 il f ·,
B
by a State ar Council under h t may be ma d e by the Bar Counc o India in
~ d subject to any t a 1 be determined as follows :-
thi behalf such semonty shal f red to in clause (a) (stated above)
s ( ' f dvocate re er f Im
l) the seniority o •and a_m accord anc e with his date o enro ent under
shall be determine . A t 1926 ;
the Indian Bar Councils c ' ho was a sP.nior advocate of the
(2) the seniority of any ~ers onb wf re the appointed day shall, for the
C t immediate1y e o d 'th
Supreme our 11 b determined in accor ance w1 such

(3) the semonty of any

o;:c
first post of the State ~o , ile of India may specify.
principl~s _as the Bar erson who, on or after the appointed
. pdvocate or is admitted as an advocate
d . nrolled as a semor a
15 dm'
ay, e
shall be determme. d b Y the date of such enrolment or a 1ssion,
as the case may be ; d b
(4) notwithstanding anything contained in clause (lb), f(state a ofve), ththe
semonty
· · of an attOmey enrolled ' whether e ore or 9 a ter e
commencemen t of the Advocates (Amendment). Act, 1 80 as an .
advocate shall be determined in accordance with the date of his
enrolment as an attorney. 1
This section makes it clear that no person shall be emolled as an
advocate on the roll of more than one State Bar Council.
Section 19 of the Advocates Act requires the State Bar Council to send
copies of rolls of advocates to the Bar Council of India. It provides that every
State Bar Council shall send to the Bar Council of India an authenticated copy
of the roll of advocates prepared by it for the first time under this Act and
shall, thereafter communicate to the Bar Council of India all alterations in and
addit~·to, any such roll as soon as the same have been made.
( ii R~le-makin2 pqwer,-The State ~fil:_£ouncil has been empowered
tom ."des to carry out _the P,.'.!:pose~ iectio~ f the Advocates
Acts dealmg with the adm1ss10n anct-enro ent otthe ad vocates. According
to ub-se~ ':'.' (1) of_Secti~ 2 o the Act a State Bar Counci may make rules
to carry out tlie purposes of Chapter llJ (Sections 16 lo 28) of the Act. Section
JW provides that m particular and without prejudice to the generalilyof
the f~ !omg power, such ru~eL may .l~.r;,o vide for-
th
<.!!iJ ihe ~i in which and fonn which an advocate shall express
his mtenhon for the entry of his name m the roll of a State Bar
1. Advocates Act, 1961, Section 17(3).
 BAR COUNCILS 41

Council under Section 20 ;

a; the in which an application shall be made to the Bar Council
, for admission as an advocate on its roll and the manner in which
such application shall be disposed of by the enrolment committee
of the Bar Council ;
(c) the conditions subject to which a person may be admitted as an
advocate on any such roll- ; and
... r ,• .. .,,,
. .
(d) the instaJments in wh ich th e ~nrol!Ilen t)~e ma;x ,!?e paid.
Sub-section (3) of Section 28 of the Act makes it clear that the rules so
made shall not have effect, unless they have been approved by the Bar
Cou~ I India.
(iv) ~ower to · unish for rofessional or other misconduct.-The State
Bar _ounc1l 1as power to pums an a vocate or professional or other
misconduct. Se<:.!igu.~5 of the Advocates Act provides that where on receipt
of a compla'mf or otherwise a State Bar Council h as reason to believe that
~y advocate mi. its roll has bee~ g2,lty, 0£: professior:a1 o¼ Qtper~!§fO!Jduct,
1t shall refer the case for disposal to its disci:r.linary committee and thereafter
the disciplinary committee shall fix a date , ~LJ.5P_
..,he41=a;;g of the case and
shall cause a notice thereof to be given to the advocate concerned and the
Advocate-General of the State. The discipliq~mmitte.~..aftei: giging the
advocate concerned and the Advocate-General an opportuni!Y of being heard,
may n"ui1tC anr i2f.Jli'e.1qJlgvviitg;t¥aer~ - - --
12

_lEJJ
-

di~mi~s the complaint or where the proceedings were initiated at

~ stance of the State Bar Council, direct that the proceedings
be filed ; .
" r~ d the advocates ;
® suspend the advocate from practice for such period as it may deem
fit; . i~ ~ .

® remove the n~e of the advocates from the State roll of advocates.
Where an a'civ ~cate is suspended from practice under clause ~ ' stated
above, he shall, during !b,~ iod of s~pension, be debarred from practising
in< any Court, or before any author11J or p e! S(?n in Inaia." ' · .,.'" orr"'"
2

~ c v t t ,... n.,-~,.,...
:i..- .._ • ....

According . to Section 36-B of U1e Advocates Act the disciplinary

committee of a State Bar Council shall dispose of the complaint received
expeditiously and in each case the proceed~gs shall be conc_l:1ded wi~fa=
:
period of one year from the date of the receipt of the complaint or ilie ate
of initiation o"rthe proceedings at the instance of the State Bar Council, as
the case may be, failing wl~ sucb p roceedi_!l_gs~ stand transferred to the~
ar Council of Inat~-r-forctisposal. However, where on the commencement oI
t~ vocafes "'}. \rrienclftrenf)- Aet, :J.973, any proceedings in respect of any
disciplinary matter against an advocate is pending before the disciplinary
committee of a Sta te Bar Council, that disciplinary committee of a State Bar
Council shall dispose of the same within a period of 6 months from the date
of such commencement or within a period of one year from the date of the
receipt of the complaint or, as the case may be, the date of in_itiation of_ ~e
proceedings at the instance of the State Bar Council whichever 1s later, f~ihng
Which such proceeding shall stand transferred to the Bar Council of India for
 42 LEGAL ETHICS, ACCOUNTABIL/7Y OF LAWYERS & BENCH-BAR RELATION

disposal. . d b an order of tl]e d_iscip~}'._conunittee of a

Any person aggneve y I f the St te may; u,·1-1-. i _ 6
- ·1 ill Advocate-Genera o c\ ,__ , .rrl ~i.g__1 _ _Q days
. f1~"n- of the order to him, prefer an appeal to
F

State
of tn e.o,. . ar of the orco~mumca
S oll_tt~
date . e
thP Bar Council of India. . • 1· •
·
Every ~um appe s a al h 11 be heard by the d1sc1p mary
. ,-,lnd . conuntttee
d of the
ciki f dndia which may pass such order m ~ m g an or er varying
Bar Co~
the punishment o awa rd ed by . the _ disciplinary
_ _ _ _ cotmn1ttee of , fhe State Bar
Council thereon as it deems flt : .
Provia ediliat -no order of the disciplinary c_omm1ttee of the State. Bar
Couna.1 sh a 11 b e vane · d by the disciplinary committee . of the"th Bar Council
.. of
India so as to prejudicially .affect the person aggneved : 1 him
reasonable opportunity of being heard. . . . ·
,._ The person -aggne-ve d""'b y ·1m" order made by the d1sc1plmary committee
of the Bar Council of India or the Advocate-General of State concerned, as
the case may be, may prefer an appeal to the Supreme Court under section
138\of the Advocates Act. ~ - - - -· .._ - ~-
__ jr Sgctipl1_44o tthe Advocates Act makes provision in respec~ of ..t!:ie f~Yiew
of_ o:rc:;!~s__p.a§~ed by the disciplinary committee. It pr~v1des that the
disciplinary committee of a Bar Council may, of ,i!s- own motion or -otherwise
review any order ;vxitl;wi.,,6Q d~ys of the date of that order passed by it.
However, no such order of review of the disciplinary committee . of a State
Bar Council shall have ,.o<'"""""
effect, unless it has
n:-:i1:--.;;.c,..... •. ..
been a:eproved
~ts-~~-~ ----=
be y the Bar 'Council
of India. • '-. "IZ',t,-- EC'"' ~M,-.,:..~. --.. ••w...
. -
tv; ~ P~jntl!Je~t e9fsoqup.itte,t~......c!p.d Sta!!._~mp ers.-A Bar Council
...... riii

establishes several committees. According to section 9 of the Advocates Act a

Bar Council shall constitute one or more d1sc1plmary committees, each of
which shall consist of three persons of whom two shall be persons elected
by the Council from amongst its members and other the other shall be a
pers?i:1 c?-opted th~ Council from amongst advocates who possess the
qualif1cahons specified m the proviso to Section 3(2) of the Act and who are
not members of the_ Council and the seniormost advocate amongst the
members of a d1Sc1pl".'ary committee shall be the chainnan thereof. (As to
d1sc1plmary _committees powers and functions, see Chapter V).
In addition to above a Bar C ·1 ·
aid committed each of which sh ounci_ may constitute one or more legal
exceeding nine but t 1 all cons_ist of such number of member not
qualifications, the method of sel fthan five ' as may b e prescn·be d .1 Toe
, no ess
1
of ?J. legal aid committee sh ll b ec : and the tenn of office of the members
Bar\ Council shall constitute\he ef~~ow: may b~ prescrib:d.2 Besides, a State
(a) an executive comm ·tt g standmg committees, narnely-
1 ee consisting O f f. th
Council from among t 1·t ive members elected by e
(b s scomembers of' and
) an enrolment committee . t'
Council from amongst 1.t nsis mb g 3of three members elected by the
s mem er.
1. Advocates Act, Section 9-A.
2. Ibid.
3. Ibid., Section 10(1).
 BAR COUNCILS 43

Sub-section (3) of Section 10 of the Advocates Act makes it clear that a

State Bar Council, may constitute from amongst its members such other
committees as it may deem necessary for the purpose of carrying out the
provisions of the Advocates Act. 1
Section 11 of the Advocates Act empowers the Bar Council to appoint
staff-members. It provides that every Bar Council shall appoint a secretary
and may appoint an accountant and such member of other persons on its
staff as it may deem necessary. The secretary and accountant shall possess
such qualifications as may be prescribed.
(vi) Maintenance of account, etc.-Section 12 of the Advocates Act
provides that -every Bar Council shall cause to be maintained such books of
accounts and other books in such form and in such manl er as may be
2
prescribed. The account of the Bar Council is required to _b e audited by the
auditors duly qualified to act as auditors of companies under the Companies
Act, 1956 at such times and in such manner as may be prescribed.3 As soon
as may be practicable at the end of each financial year but not later than the
31st day of December of the year next following, a State Bar Council shall
send a copy of its account together with a copy of the report of the auditors
thereon to the Bar Council of India and shall cause the sam_e to be published
in the official Gazette.4
·As soon as may be practicable at the end of each financial year but not
later than the 31st December of the year next following, the Bar Council of
India shall send a copy of its accounts together with a copy of the report of
the auditors thereon to the Central Government and shall cause the same to
be published in the Gazette of India. 5

\ 3. -~~.wtdtitfl11i!S
(1) o~gnis:1,on _
Section 4{1) of the Advocates Act provides that there shall be a Bar ·
Counfflor m'e territories to which this Act extends to be known as the Bar
Council of h1dia which shall consist o_f the fo~~wing me°;l?er~; ~'!1ely-
(a) the Attorney-General of India, e!_.. ojfi_c,zq. ;
(b) the S~licit~ Ge~ r'm~f .India, ex .offjci<!_J;
(c) one 1E~ ~b~ ri~1tste? _byd'_e!~b. .§~at~ ]~S z'l}111..iil from amongst its
d? -

s r ~~e:-5.
4(1-A) of
· 'bl
the Act makes it clear that no person shall be elig1 e
ec ion
for being elected as a member of the Bar Counc· o
il f md.ia, unless h e ossesses
of
the qualifications specified in the proviso to sub-section (2) of Section f
the Advocates Act. Section 4(2) of the Act provides that the Bar ~ o':11c\ ?
India shall have a C'il"arrn um- and-a-Vice-Ch~irman elected by the ounci m .
such manner as may be prescribed. ff as
Section 4(2-A) of the Act makes it clear that a person holding o ice '

1. Advocates Act, Section 10(3).

2. Ibid. , Section 12(1) .
3. Ibid. , Section 12(2).
4. Ibid., Section 12(3).
5. Ibid. , Section 12(4).
 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELAnON
44
. . v· Ch • n of the Bar Council of India immediately
Chamnan or ice- a1rma h
bef
ore
dvocates (Amendment) Act, 1977' s all, on 'such
t l,e commencemen t Of tl1e A . V' Ch ·
commencement, cease to hold office as Charrman or ice- airman, as the
case may be : . th d •
Provided that such person shall continue to carry on e uties 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 assume charge of the office. .
"t· Jt~'l)
S 1011 ~l,.I of the Act provides that the term. of office of a m ember of
, B C il shall
the Bar Council of India ekcted by the State ar OUI]C . • , -
- (') •1 the case of a member of a State Bar Council who holds office
I :x-officio, be two years from the date of ~is el~ction or_ till he ceases
to be a member of the State Bar Council, whichever 1s earlier, and
(ii) in any other case, be for the period for which he holds office as a
member of the State Bar Council :
Provided that every such member shall continue to hold office as a
member of the Bar Council of India, until his successor is elected :
~ectim~-B of the Advocates Act provides that an . elected member of
a Bar Council shall be deemed to have vacated his office if he is declared by
Bar Council of which he is a member to have been absent without sufficient
[ft - • .-._.,.,_....,. ..

e~ r£_ise from thre~ con~e~~tiv_e 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 10-A of the Act provides that the Bar Council of India shall meet
. ... . ~~_..._._
at ~ ew DeP,J-1 or at such other place as 1t may for reason to b e recorded in
w 7it~n_g1 1£t~f1Tline. It also provides that the committees "other Than -d isc1plinary
Committees constituted by the Bar Council shall meet at the headquarters of
t~e . re_spective Ba_r Council, Bar Council and its committee except the
d1sc1plu~ary comnut:ee shall observe such rules a procedure in regard to the
tr_an~a~hon of b~smess at their meetings as may be prescribed. The
d1sc1phnary committees shall meet at such times and places and shall observe
such. rules of procedure in regard to the transaction of business at their
meetmgs as may be prescribed. .
.S.e.£.tion 14 of the Advocate A t 'd h
to a Ba c---:- - - - .-~ L ,pr.9__yi es t .at .J 10. eJ~s:tion of a member
. 1
d r ounci or any conumttee thereof shall be called in question on the
groun merely that due notice ther f h b
entttled to vote thereof if not' , eo as not een _given to any person
that date, been published . thlC~ off -~e date has not less than 30 days before
; · · m e o hcrnl Gazette.
(2) Powers and Functions
~a'r~ (!ounelt=er--India is a bod c . . .
an!i a comnion seal witJ, ~ rporate having perpetual success10n
._ . .- - . ' power to acgt 1. - "'d h ·-
an~ IIDE,1ovable and to contrr.lct and' · ~r~ a!
1 _zold property both movable
sue and be sued. 1 Section 13 of h , mc\.y, by th.e name by which it is known,
t
a Bar Council or Committee the t :ct _m akes it clear that nc{'act done by
merely of the existence of anv r~~c s all _be called in question on the ground
, ancy 10 or any defect in the constitution
l. Advocates Act, 1961, Section S.
 BAR COUNCILS 45

4'Csedti.onnf
of, the Council or Committee, as the case may be. 1
the Advocates Act provides that the function of the Bar
Co~ cil of India shall be-
~i) to lay ddwn 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 · I

_(viii) to recognise 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 organise talk on legal topics by
eminent jurists and publish journals and papers of legal interest ;
(x) to organise legal aid to the poor in the prescribed manner ;
(xi) to recognise 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.
With reference to the provisions in (vii), (stated above) the Supreme
Court has made it clear that the question of imparting legal education is
entrusted to the Universities in India and not to the Bar Council of India. All
that the Bar Cotmcil of India can do is to suggest ways and means to promote
such legal education to be imparted by the Universities and for that purpose
it may lay down the standards of education, syllabi in consultation with the
Universities in India. Section 7 do not entitle the Bar Council itself to frame
rules laying down pre-enrolment training for fresh law graduates seeking
enrolment as Advocate. 2
In !:}.:/0m,tnjn Jiqrfsh , Uppal v. Union of lndia,3 the Court has held that
iZI -· _;,,,1
1. Advocates Act, 1961 , Section 13.
2. V Sw:leer v. Bar Co1111cil of India, AIR 1999 SC 1167.
3. A.l.R. 2003 S.C. 739.
 46 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATION

Section 7 p~ vides ~ ~p_;ct _of .fue fu11.c_tion~ _c:>f ~he B~ Co~ cil of India, but
.7
none of its fun5tions ~~?oned .in __SE:_cti~n _au~~ons: s ~t t2,_.p..fil._zjyse the
)1orking of the Court~ O,u_ the ~ontrary 1t ) S~ nJ_omed with a d_!!!J~ lay
down standards of professional conduct and etiquette for advocates. No 8
C~uncil can ever consider giving a call of -~~ike o;: c~ of 5~~fQ n ca:
any association calls for a sfriRe....or 15oycott the ~oncemed J tate ~ar C~
and on their failure the ~ar ~ouncil of Ind1~ ~ust 1Ill1ne?,1ately take
disciplinary actign against the advocates who. giv~ a ca11 ~~r- ~~!:·It the
duty of every advocate to ignore a call of stnke or b<?y~o...tt.
The Court has maae 1t clear that lawyers have no right to go on strike
or give a call for boycott, not even on token strike. Only in rarest of rare
cases where the dignity, integrity and independence of the Bar or Bench is at
stake, the Court may ignore to a protest abstention from work for not more
t~ ne day. It is for the Court to decide whether or not the i!sii"e involves
dignity or integrity or independence of the Bar or Bench. In such cases the
President of the Bar must first consult the Chief Justice or the District Judge
before advocates decide to absent themselves from the Court. The decision of
the Chief Justice or the District Judge would be final. (See also contempt by
lawyer under Chapter XI).
In Raveen.dranath Naik v. Bar touncil of India, 1 the resolution passed by
the Bar Council India directing advocates not to participate in any programme
organised by the Legal Services Authorities in any Lok Adalat or any legal
aid programme has been held illegal and void.
Section 7-A of the Advocates Act makes it clear that the Bar Council of
India may become a member of interr1.ational legal bodies, such as, the
International Bar Association or the International Legal Aid Association,
contribute such sums as it thinks fit to' such bodies by way of subscription
or otherwise and authorise expenditure on the participation of its
representatives in any international legal conference or seminar.
Section 7(2) of the Advocates Act provides that the Bar Council of India
may cons! itute one;9r W@Pi¾.fnnds in the prescribed manner for the purpose
of-
(a) giving financial assistance to organise welfare schemes for indigent,
disabled or other advocates ;
(b) giving legal aid or advice in accordance with the rules made in this
behalf ;
(c) establishing law libraries.
It may receive any grants, donations, gifts or benefactions for all or any
of the purposes specified above such grants, donations, etc., shall be credited
to the appropriate fund or funds constituted under this sub-section.
The important powers and functions of the Bar Council of India may
be %~ussed as follows : .......,. ,.......,a;
(JI Admission as advocates.-:-~ 20. of the Advocates Act provides
that e~ery ad_vocate who was enht~ed as oI nght to practise in the Supreme
Court Immediately_ before the appomted day and whose name is not entered
in any State roll may, within the prescribed time, express his intention in the
1. AIR 2007 Kar. 75.
 BAR COUNCILS 47

prescribed form to the Bar Council of India for the entry of his name in the
rollr&f a State Bar Council and on receipt thereof the Bar Council of India
shall direct that the name of such advocate shall, without payment of EfY
fee, be entered in the role of that State Bar Council and the State Bar Council
~ ncemed shall comply w1fl1'st:ichairecf1on.1'fie entry in th'4;"st-;te Roll made
in me compliance with such diredlon shall be made in the order of seniority
determined in accordance with the provisions of Section 17(3). Where an
advocate omits or fails to express his intention within the prescribed time,
·s name shall be entered in the roll of the State Bar Council of Delhi.
Section 19 of the Advocates Act makes it clear that eve!}:'. Stat~ _!!ar
Co
~ ncil shall send to the Bar Council of Indja an authe:oticat~ c,2py_ of the
roTI" of advocates prepared by it for the J ir§t tµne µod er this Act and shall,
thereafter, communicate to the Bar Council of India all altern~ tions in and
add1tio_p to,...4!1~~~-c;h r<.!H, as .~ ..,QJl a,~Jhe s~ e have been made.
I I ' .. -~

,A. Se~tion.,1§ of the Advocates · Act makes provision in respect of the

tr~ ]a na'f)-e from one State roll to another. It provides that any person
wfiose name 1s entered as an advocate on the roll of any State Bar Council
may make an application in the prescribed form to the Bar Council of India
for the transfer of bis naroe from fhe roll of that State Bar Council to the roll
of any other State Bar Council and on receipt of any such application, the
Bar Council of India shall direct that the name of such person shall, without
the payment of any fee, be removed from the roll of the first-mentioned State
Bar Council and entered in the roll of the other State Bar ·Council and the
State Bar Councils concerned shall comply with such direction :
<{ Provided that where any such application for transfer is made by a
per\on against whom any disciplinary proceeding is pending or where for
any other reason it appears to the Bar Council of India that the application
for transfer has not been made bona fide and that the transfer should not be
made, the Bar Council of India may, after giving the person making the
application an opportunity of making a representation ·in this behalf, ,reject
the application. It has been made clear that where on an application made
by an advocate under this section, his name is transferred from the roll of
one State Bar Council to that of another, he shall retain the same seniority
in the latter roll to which he was entitled in the former roll.
C£JAppointment of Committee and_ Staff-m~mbers.-S~ction_ 9_o~ the
Advocates Act empowers the Bar Council of India to appoint d1sc1plinary.'
committees. It shall constitute one or more disciplinary committees each c;,f
which shall consist of three persons of whom two shall be persons elected
by the Council from amongst its member 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 of the
Act and who are not members of the Council and the seniormost advocates
amongst the members of a disciplinary committee shall be the Chairman
thereof.
Section 9-A of the Advocates Act empowers the Bar Council of India to
appoint one or more legal aid committees. Each committee shall convert of
such number of members not exceeding nine but not less than five as may

1111111
 COUNTABILITY OF LAWYERS & BENCH-BAR RELATION
48
LEGAL ETHICS, AC
.. . the method of selection and the term of
be prescribed. The quahf1cations, ·uee shall be such as may be prescribed
th bers of such comm1 h B C .
office of e mem_ f h Advocates Act requires t e ar ouncil of
Besides, Sechon 10(2) 0 . t e .tt s ._
. t th following commi ee .
India to constitu e e . sisting of nine members elected by the
(1) an executive committee. con .
·1 fr m amongst its members '
Counc1 o . mittee consisting of ten members, of whom
(2) a legal education com 1 cted by the Council from amongst its
five s~all bed ff~ersonhsalt ~e persons co-opted by the Council who
members an 1ve s
are not members thereof. . .
Section 11 of the Advocates Act requires every Bar Council tot aptpomdt
C ncil to appoint an accoun an an
a secretary. It also empowers th e Bar ou .. necessa Th
such member of other persons on its, staff as it may -~ee~ ry.T e
secretary and the accountarit shall possess such qualifications as may be

pres~ed- · 12
3 Maintenance of account, etc.-According to Section _
0f th e
Advocates Act every Bar Council shall cause to be maintained sucn books of
account and other books in such form and in such manner as may be
· prescribed. The account shall be audited by auditors duly qualifi~d to act ~s
auditors of compariies under the Companies Act, 1956 at such times and m
such manner as may be prescribed. Sub-section (3) of Section 12 makes it
clear that as soon as may be practicable at the end of each financial year but
not later than the 31st day of December of the year next following, a State
Bar Council shall send a copy of its account together with a copy of the
report of the auditors thereon to the Bar Council of India and shall cause the
same to be published in the official Gazette. Sub-section (4) of Section 12
provides, as soon as may be practicable at the end of each financial year but
not later. Than the 31st day of December of the year next following, the Bar
Council of India shall send a copy of its accounts together with a copy of
the report of the auditors thereon to the Central Government andshall cause
the ~ e to be published in the Gazette of India.
Rule-m~ing power.-The Bar Council of India may make rules
und~r the prov1s1ons of Section 15 of the Advocates Act. Sub-section (2) of
· Section . 15 of the Act provides that in particular and without prejudice to the
generality of the fo~egoing power, such rules may provide for-
(a) ~he el_ection of members of the Bar Council by secret ballot
~c~~dmg the conditions subject to which persons can exercise the
ng to vote by postal .ballot th .
electoral rolls and the m . . ' . e_ preparat10n and revision of
he published. _ ~er m which the results of election shall
(b) the manner of election of the Ch . .
the Bar Council . airman and the Vice-Chairman of
I

(c) the manner m · wh ich

' and th .
disputes as to the validit of e au th ~nty by which, doubts and
the office of the Ch . Y an election to the Bar Council or to
_decided ; airman or Vice-Chairman shall be finally

(d) the filling of casual vacancies in the Bar Co· ·1

unc1 ;
 BAR COUNCILS
49
(e) the powers and duties of the Chairman and the Vice-Chairman of
the Bar Council ;
(f) the constitution of one or more funds by a Bar Council for the
purpose of giving· financial assistance or giving legal aid or advice
referred to in Section 6(2) and Section 7(1) of the Advocates Act ;
(g) organisation of legal aid and advice to the poor, constitution and
function of committees and sub-committees for that purpose and
description of proceedings in connection with which legal aid or
advice may be given ;
(h) the summoning and holding of meetings of the Bar Council, the
conduct of business thereat and the number of members necessary
to constitute a quorum ;
(i) the constitution and functions of any committee of the Bar Council
and the terms of office of members of any such Committees ;
0) the summoning and holding of meetings, the conduct of business
of any such committee and the number of members necessary to
constitute a quorum ; ·
(k) the qualifications and the conditions, of service of the secretary, the
accountant and other employees of the Bar Council ;
(1) the maintenance of books of accounts and other books by the Bar
Council ;
(m) the appointment of auditors and the audit of the accounts of the
Bar Council ;
(n) the management and investment of the funds of the Bar Council.
Sub-section (3) of Section 15 makes it clear that no rules made under
this section by a State Bar Council shall have effect, unless they have been
approved by the Bar Council of India.
Section 49 of the Advocates Act confers on the Bar Council of India
general power to make rules. It provides that the Bar Council of India may
make rules for discharging its functions under this Act and in particular, such
rules may prescribe-
(a) the conditions subject to which an advocate may be entitled to vote
at an election to the State Bar Council including the qualifications
or disqualifications of voters and the manner in which an electoral
roll of voters may be prepared and revised by a State Bar Council ;
(b) qualifications for membership of a Bar Council · and the
disqualification for such membership ;
(c) the time within which and the manner in which effect may be
given to the proviso to section 3(2).
(d) the manner in which the name of any ~dvocatf? may be prevented
from being entered in more than one State roll ;
{e) the manner in which the seniority among advocates may be
determined ; f
(f) the minimum qualifications required for admission to a course 0

degree in law in any recognised University ; d

(g) the class or category of persons enti·t1ed t0 be enrolle as
 50 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATION

advocates ;
(h) the conditions subject to which an advocate shall have the right to
practise and the circumstances under which a person shall be
deemed to practise as an advocate in a Court ;
(i) the form :in which an application shall be made for the transfer of
the name of an ad voca.te from one State. roll to another ;
U) the standard of professional conduct and etiquette to be observed
by advocates ;
(k) the standards of legal education to be observed by Universities in
India and the inspection of Universities for the purpose ;
(1) the foreign qualifications in law obtained by persons other than
citizens of India which shall be 'recognised for the purpose of
admission as an advocate under this Act ;
I

(m) the procedure to be followed by the disciplinary committee of a

State Bar Council and by its own disciplinary committee ;
(n) the restrictions in the matter of practice to which senior advocates
shall be subject ;
(o) the form of dresses or robes to be worn by advocates having regard
to the climatic conditions appearing before any Court or tribunal ;
(p) the fees which may be levied in respect of any matter under this
Act;
(q) general principles for guidance of State Bar Councils and the
manner in which directions issued or orders made by the Bar
Council of India may be enforced ;
(r) any other matter which may be prescribed.
It has been made clear that rule made with reference to the standards
of professional conduct and etiquette to be observed by the advocates and
the form of dresses or robes to be worn by the advocates having regard to
the climatic conditions appearing before any Court or tribunal shall have effect
only when they will be approved by the Chief Justice of India. However,
rules made with reference to such matters and in force immediately before
the commencement of the Advocates (Amendment) Act, 1973, shall continue
in force until altered or repealed or amended in accordance with the
provisions of this Act.
It has also been made clear that rules made with reference to the foreign
qualifications in law obtained by persons other than citizens of India which
shall be recognised for the purpose of admission as an advocate under this
Act shall have effect only when they will be approved by th~ Central
Government.
. ;11 the case of Ind!!!!!_ Council _E[__b_eggl Aid. and Advice v. Bar Council of
lnEJ3, .th e Supreme Cou rt h as held that the rule debarring a person who has
completed the age of forty-five to be enrolled as an advocate is arbitrary,
unreasonable and beyond the p ower of the Bar Council of India and
consequently, void.
 BAR COUNCILS 51

The Supreme Court1 has held that the Bar Council can exercise power
and frame rules for effectively discharging its statutory functions as laid down
by the Act. Neither of statutory functions entitled Bar Council to provide for
disqualification, disability or an additional condition for enrolment. The rule
made by Bar Council of India which lays down pre-enrolment training as
pre-condition is ultra vires.
Section 49-A empowers the Central Government to make rules. It
provides that the Central Government may, by notification in the official
Gazette make rules for carrying out the purposes of this Act including rules
with respect to any matter for which the Bar Council of India or a State Bar
Council has power to make rules. It has been made clear that if any provision
of a rule made by a Bar Council is repugnant to any provision of a rule
made by the Central Government under this section, then, the rule under this
section shall prevail and the rule made by the Bar Council shall, to the extent
of the repugnancy, be void. Every rule made under this section shall be laid
as soon as may be after it is made, before each House of Parliament while
.it is in session for a total period of 30 days which may be comprised in one
session or in two or moi:e successive sessions and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall, thereafter, have effect
only in such modified .form or be of no effect, as the case may be, so however
that any such modification or annulment shall be without prejudice to the
vali~ of anything previously done under that rule.
~ Power to punish for professional or other misconduct-Section 36
of the Advocates Act empowers the Bar Council of India to punish an
advocate for p.!.Q_fessional or other miscong_uct. It provides that where on
receipt of a complaint or otherwise the Bar Council of India has reason to
believe that any advocate whose name is entered on any State roll has been
guilty of professional or other misconduct, i~ shall refer the case for qjsp osal
to its disciplinary committee. The disciplinary committee of the Bar Council
of India may, either on its own m9tio~ "or on a rep ort by any State !3ar
Council or an applicatiotr'"made to it by any person interested, V{!_thdraw for
~nqui.!:.X'. before itself anLJ?roceedings for dis..£il-ili:!1a!1:'.: action . pgainst any
adv~ ate :r,ending before the disciplinary committee of any State Bar Council
and, dispose_Q.Ulle ~ ; -- . - - - _.., Loo. o GG, 1-S
The disciplinary committee of the Bar Council of India, in disposing of
any case of professional or other misconduct of advocate shall observe, s.o ic)r
a!: me}' b~ th.e,, procedure- lai~ dowp in Section the Act. In other words
in disposing o~ such case, it shall fix a date for its hearing, cause a notice
thereof to be_~iven to the ad.;:,~cate co~ce~ and Attorney-General of India.
advocat~ ~ercict ang. the Attorney General of In dia
6
Thus .:_fter g~v,.Tg
an oppor~umty of. b~in?'"'hearo, it ~ill dispose of the case and- m ay 11:ake any
order which the disc1phnary committee of a State Bar Council can make under
S: ~tio...n tp~s
__of ;\d;'?cates Thus, in disposing of such case it may
1. V Sudeer v. Bar Council of India, AIR 1999 SC 1167.
2. As to Section 35(3), see Chapter V.
 BENCH-BAR RELATION
1 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS &
52 , t snend the advocate from
. . d the advoca e, su_.r:_ · - - - f th
dismiss the complamt, repn~an ft" and reJilov.e .the ..-name o e
ractice for such period as..,.,. it _:11ay dee11;S lb--section (4) of Section 36 makes
P · .-o • :-,, f advocates. u - . -. ·
advocate from ·the State rou__? 'th. d awn for inquiry before the
- d · s are w1 r - ..
it dear r tnat if any procee m_g il f India the ,. State Bar Council
. ' f t·h Bar Counc o ,
disciplinary committE;?~ 0 · e · d
. ff t to any such or er.
concerned shall g!v~ ,.S_e~ . j f of the Advocates Act empowers the. Bar
Appellate power.-Section . h der of the disciplinary committee
. amst t e or
Cou of India to hear appeal ag S ti 35 of the Act It provides that any
of a State Bar Council made urtdefr the~ d~n . 1m·ary com~ittee of a State Bar
. d b order o e iscip
person aggrieve _Y an . h' · an advocate for professional or other
Council under Section 35 for punis mg ·thin 60 days of the
misconduct or the A~v~cate-Gf ethneral
date of the communication °
l\ ~;
e or e
~:e pn;:~r w~ appeal to the Bar
' th disci lina
Council of India. Every such appeal shall be heard by e . P . ry
committee of the Bar Council of India which may p~ss. s~ch order m~luding
an order varying the punishment awarded by the disciplinary comnuttee of
the State Bar Council thereon as it deems fit. However, no o~der of the
disciplinary committee of the State Bar Council shall be :a~e~ by ~e .
disciplinary committee of the Bar Council ·of India so as to preJu~icially a~ect
the person aggrieved without giving him reasonable ol:'porturuty of being
heard. Section 38 provides remedy ~o the person aggneved by the order
passed by the disciplinary committee of the Bar Council of India. It provides
that any person aggrieve_d by an order made by the disciplinary committee
of the Bar Council of India under Section 36 or Section 37 of the Advocates
Act or the Attorney-General of India or Advocate-General of the State
concerned,· as the case may be, may within 60 days of the date on which the
order is communicated to him, prefer an appeal to the Supreme Court and
the Supreme Court may pass such order including an order varying the
punishment awarded by the disciplinary committee of the Bar Council of
India thereon as it deems fit. However, no order of the disciplinary committee
of the Bar Council of India shall be varied by the Supreme Court as so as
to prejudicially affect the person aggrieved without giving him a reasonable
oppo~tunity of being heard. Disciplinary jurisdiction over advocates though
rests m Bar Councils, yet by virtue of section 38, final authority is with the
Supreme Court. 1
Section 39 makes it clear that Sections 5 and 12 of the Limitation Act
shall, so far as may be, apply to the appeal to the Bar Council of India under
Section 37 or to the Supreme Court under Section 38 .
. fH 7.. O_ther powers . and functions.-(i) The Bar Council of India may if
1t !is satisfied that any State Bar Council is in need of funds f th 1

· · f · d th or e purpose
of performmg its unctions un er e Advocates Act vi h f" ·a1
· · d f' th , o·ve sue mano
assistance as 1t eems 1t to at Bar Council by way of . 2
.. ) Wh grant or otherwISe.
(u ere •any country specified by the Central G . •
b eh a1£ b y noh·f'1cati.on · · th e ofhcial
m • Gazette pre t · • overnmen t .m this
practising the profession of law or subjects 'th vetn s ci~en~ o~ II:tdia from
em O unfair discnmmation in
1. Harish Uppal v. Union of India, 2003 AIR SCW
43
2. Advocates Act, 1961, Section 46-A. ·
 BAR COUNCILS
53
that country no subject of any such country shall be entitled to practise the
profession of law in India. Subject to these provisions, the Bar Council of
India may prescribe the conditions, · if any, subject to which foreign
qualifications in law obtained by persons other than citizens of India shall be
recognised for the purpose of admission as an advocate under this Act (i.e.
the Advocates Act, 1961). 1
(iii) The Bar Council of India may, at any time, call for the record of
any proceeding under this Act which has been disposed of by a State Bar
Council or a committee thereof and from which no appeal lies for the
purposes of satisfying itself as to the legality or propriety of such disposal
and may pass such orders in relation thereto as it. may think fit. It has been
made clear that no order which prejudicially affects any person shall be
passed under this section without giving him a reasonable opportunity of
being heard. 2
~ ) The Bar Council of India or any of its committees other than its
disciplinary committee, may .of its own motion or otherwise review any order
within 60 days of the date of that order was passed by it under the Advocates
Act. 3
In D. Saibaba v. Bar Council of India,4 the Supreme Court has held that
so far as the commencement of period of limitation for filing· the review
petition is concerned the expression "the date of that order" as occurring in
section 48AA has to be construed as meaning the date of communication or
knowledge (actual or constructive) of the order to the petitioner.
f))(v) Section 48-B of the ers the Bar Council of
India to give direction to a State B~E..£2'm£il~y,_Conu;wttee ereo
the proper and effic~ nt ~ rg~U!;~~ ~c-~2_~assigried l£....!t It provides
thattor the proper and efficient discharge of the functions of a State Bar
Council or any committee thereof, the Bar Council of India may, in the
exercise of its powers of general supervision and control, give such directions
to the States Bar Council or any committee thereof as may appear to it to be
necessary and the State Bar Council or the committee shall comply with such
directions. Where a lState Bar Council is unable to perform its functions for
any reason whatsoever, the Bar Council of India may, without prejudice to
the generality of the foregoing power, give such directions to the ex officio
member thereof as it may appear to it to be necessary and such directions
shall have effect notwithstanding anything contained in the rules made by
the State Bar Council. 5
(vi) Section 48 makes provision in respect of indemnity against the legal
proceedings. It provides that no suit or other legal proceeding shall lie against
any Bar Council or any committee thereof or a member of a Bar Council or
any committee thereof for any act done in good faith done or intended to be
done in pursuance of the provisions of the Advocates Act or any rules made
thereunder.
1. Advocates Act, 1961, Sections 47.
2. Ibid., Section 48-A.
3. Ibid., Section 48-AA.
4. A.LR. 2003 S.C. 2502.
5. Ibid., Section 48-8.
 LEGAL ETHICS, ACCOUNTAl::1/LI I I ~ · -

54 8
- ..J nl,s as domestic
4. Ba~- r .... u n cils-a.nu-- . ·
tnbun als. D omestic
· Tnbuna1s
· ~•ce
~

Bar Councils are treat~~ t' Agencies created to regulate the . Il\ay
Adnurustra ive . d. I.I\te
be taken to mean the . b exercising adJU icatory and investt ll\al
discipline among the rne~::i d~ides whether any breach of its ,.~liiig
owers. The Domestic Tn f ·ts members or workers and wheth tion
P . d by any o i er th
has been committe b unished. e
member or the work~r can : p be statutory domestic tribunal or contrac
The domestic tnbunal .m/ mestic tribunal may be taken to mean tuai
dornestic tribunal. Statuto';; o~ under a statute while contractual dorne5the
domestic tnbunal crea~ed 'by 1 created by the contract between the p. ?c
• th d mesttc tn una . . art1e
tribunal 1s e O . . d. t' n and powers arising from the contract. s
and exercises the .1u::b:n:is are not subject to the writ jurisdiction
contractual dome~tic certain conditions the remedy by way of declaratio e
of!'
court, howe~er: in . re possible. Bar Council under the Advocates An,
damages or . mJunction
C 'ls under the Medical Council A ct, 1956, p ress Counci.l
a ct,
1961 ' Med1ca
h p 1 ounci
c uncil Act 1965 may be menttone · d as examples of th
under t e ress o , . T 'b al' e
Statutory Domestic Tribun&l, The Statut~ry Domesllc n un s decisions an,
subject to the writ jurisdiction of the High Court and the ~upreme Court
The most important example of the statutory domestic tribunal is the
Bar Councils under the Advocates Act. They are required to observe the
principles of natural justice. . . .
Now-a-days the principles of natural Justice are applicable not only to
the judicial or quasi-judicial functions but even to the administrative functions.
Thus, they are required to be observed not only by the judicial or
quasi-judicial bodies but also by the administrative bodies in its
decision-making process having civil consequences. Thus, now-a-days the
observations of the principles of natural justice are considered necessary even
in administrative adjudication. The Tribunals are required to observe the
principles of the natural justice.
. 1:he principles of natural justice are not embodied rules. They are not
fixed m any Code. Actually they are judge-made principles and regarded
counterpart of the American procedural due process. These principles1 have
been_dev~loped to secure justice and to prevent miscarriage of justice. They
. . fa1r play in acti'on. Earlier th ese principles
.reqmre · · ·
were applied only to the
}°dicial functions, but later on their ambit was extended to the quasi-judicial
· q:~:~o~i:f f:t present these principles apply not only to the judicial and
J bl' ncbons, but also to the administrative functions.2 It has now
been esta 1shed that the d' • . • d
administrative is not lShnction between the quasi-judiaal an
. re1evant as th d ty . r an
action is likely to h. ave . . e u to hear 1s attracted whereve .
c1v11 conseq · · le IS
that where a person or public bo uences to a person.3 The basic P~~P to
affect the rights of s b' t dy has the power in reaching a dec1s1on
u Jee s, then' th at person .must comply with What have

1. A.K. Kraipak v. Union of India

2. See Ridge v. Baldwin (1964) A,CAIR 1970 SC 150. 50
3• See M /nnder
· .
Szngh 'v. Chief El· ·t ·49·' A·K· Krmpnk
· v. Union oif India AIR 1970 SC
· . 1 ·
0
ec 10n Com . . ,
misswner, AIR 1978 SC 851.
 BAR COUNCILS 55
become_ ~own as the rules gf natural justice. 1 The real test is the effect of
the ~e~1s10~ on the rights of the person affected. 2 The dividing line between
adm1mstrahve power and quasi-judicial power is quite thin and is being
gradually obliterated and the horizon of natural justice is gradually
3
expanding. The principles of natural justice has now been extended even to
pure administrative function. 4 Principles of natural justice are treated as a part
of the Constitutional guarantee contained in Article 14. 5 The violation of the
principles of natural justice by the administrative authorities is taken as the
violation of Article 14. Non-compliance with the principles of natural justice
results in arbitrariness which is the same as discrimination and where the
discrimination is the result of State action, it is a violation of Article 14.
Actually the concept of quasi-judicial, natural justice and fairness all have
been developed to control the administrative action. The object has been to
secure justice and prevent miscarriage of justice. The concept of rule of law
would have its importance if the administrative authorities are not charged
with the duty of discharging their functions in a fair and just manner. 6
The concept of natural justice has been defined variously by different
judges, lawyers and other scholars. It has been taken to mean requirements
of substantial justice,7 or substantial requirements of justice.8 In Vionet v.
Barrett,9 Lord Esher, M.R. has defined it as "the natural sense of what is right
10
and wrong. " Subsequently, in Hopkins v. Smethwick Local Board of Health, Lord
Esher, M.A. instead of taking the definition of the natural justice given by
him earlier chose to define it as "fundamental justice". In Ridge v. Baldwin,11
Harman, L.J. equated -it with 'fair play in action'. In re H.K. (An Infant) 12
Lord Parker has defined it as 'duty to act fairly'. In Regina v. Secretary of State
for Home Affairs, parte Hoselaball,1 3 Lord Geoffrey Lane, L.J. has defined it as
"common fairness". In Maneka Gandhi v. Union of India, 14 Mr. Justice Bhagwati
has taken it as fair play in action. Articles 14 and 21 have strengthened the
concept of natural justice. Article · 14 applies not only to discriminatory class
legislation but also t0 discriminatory or arbitrary State action. Violation of the
principles of natural justice results in arbitrariness and therefore it results in
the violation of Article 14. Article 21 requires substantive and procedural due

1. K.J. Edeey, Administrative Law, page 32.

2. Ridge v. Baldwin, (1964) A.C. 49.
;,, 3. A.K. Kraipak v. Union of India, A.LR. 1970 S.C. 150.
4. A.K. Kraipak v. Union of India, A.I.R. 1970 S.C. 150; Maneka Gandhi v. Union of India,
A.LR. 1978 S.C. 579; C.B. Boarding and Lodging House v. State of Mysore, A.LR. 1978
S.C. 204; Ridge v. Baldwin, (1964) A.C. 49.
5. Union of lndin v. Tulsi Ram Patel, AIR 1985 S.C. 1416.
6. A.K. Kraipak v. Union of India, A.LR. 1970 S.C. 150.
7. See James Dunber Smit v. Her Majesty, T11e Q11een, (1877-78) 3 App. Cas. 614, the view
of Sir Robert P. Collier.
8. See Arthun, John Spackman v. The Plumstead District Board of Works, (1884-85) 10 App.
Cas. 229, the view. of Earl of Sel~ome, L.C.
9. (1885) 55 L.J. R.B. 39.
10. Ibid.
11. (1963) 1 QB 539.
12. (1967) 2 QB 617.
13. (1977) 1 WLR 766.
14. A.LR. 1978 S.C. 597.
 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATION
56
process. Article 21 provides that no person shall be deprived of his life or
personal liberty except according to the procedure established by law. The
procedure prescribed for deprivation of personal liberty must be reasonable,
fair and just and a procedure, to be reasonable, fair and just, must embody
the principles of natural justice. 1 A procedure which does not embody 2the
principles of natural justice cannot be treated as reasonable, just and fair.
The rules of natural justice are not embodied rules and therefore it is
not possible and practicable to precisely define the parameters of natural
justice. Tucker, L.J.,3 has observed "there are, in my view, no words which are
of universal application to every kind of inquiry and the every kind of
domest~c tribunal. The requirements of natural justice must depend _on the
circumstances of the case, the nature of inquiry, the rules under which the
tribunal is acting, the subject-matter that is being dealt with, and so forth."
In Union of India v. P.K. Roy,4 the Supreme Court has observed that the
extent and application of the doctrine depends upon the nature of the
jurisdiction conferred on the administrative authority, upon the character of
the rights of the person affected, the scheme and policy of the statute and
other relevant circumstances disclosed in the particular case.
In A.K. Kraipak v. Union of India,5 the Supreme Court has observed "what
particular rule of natural justice should apply to a given case must depend
-to a great extent on the facts and circumstances of that case, the framework
of the law under which the enquiry is held and the constitution of the
Tribunal or body of persons appointed for that purpose. Whenever a
cornplaint is made before a court that some principles of natural justice had
been contravened, the court has to decide whether the observance of that rule
was necessary for a just decision on the facts of that case.
Rules of natural justice are foundational and fundamental concepts. They
are regarded part of the legal and judicial procedures. They are applicable
not only to judicial or quasi- judicial bodies but also to the administrative
bodies in its decision-making process having civil consequences. The earlier
view 6 that the principles of natural justice were applicable to the judicial and
quasi-judicial orders only and not to the administrative orders has been
changed. Both in English law and in India the courts have made it clear that
the principles of natural justice is applicable also in administrative
proceedings.7 In State ,of Orissa v. Binapani Dei,8 the Supreme Court has
specifically held that even an administrative order which involves civil
consequences must be made consistently with the rules of natural justice. The

1. Maneka Gandhi v. Union of India, A.LR. 1978 S.C. 598

2. Ibid.
3. Russell v. Duke of Norfolk, (1949) 1 All ER 109 (CA).
4. A.LR. 1968 S.C. 850.
5. A.LR. 1970 S.C. 150.
6. For ex~pl~, see Franklin v. Minister oj _Tcnvn and County Planning, (1947) 2 All ER
289 (HL), Kishan Chand Arora _v. Commissioner of Police, Calcutta, A.LR. 1961 S.C. 705.
7. See ~r_een "'!· A!1'algamated Engineering Union, (1971) 1 All ER 1148 (A); State of Orissa
v. Bmapani De,,_A.LR. 1967 S.C. 1269; A.K. Kraipak v. Union of India A IR 1970 5 C
150; C.B. Boarding & Lodging House v. State of Mysore, A.I.R. 1978 s'c i04. ··
8. A.LR. 1967 S.C. 1269. . · ·
 BAR COUNCILS 57

same principle has bee~ restated by the Supreme Court in the case of D.K.
Yada~ v. J.M.~. Industries Ltd.1 In this case 2 the Supreme Court has made
~onsistently _with ~e. i:ules of natural justice. The important question is what
is the _m~~g of civil consequences". In Mohinder Singh Gill v. Chief Election
Commissioner, the Court has held that 'civil consequences' covers infraction
of n_ot ~erely property or personal right but of civil liberties, material
depnva~1ons and non-pecuniary damages. In its comprehensive connotation
everything that affects a citizen in his civil life inflicts a civil consequence.
Thus if the administrative order affects the civil rights of the citizen
adversely it must be made consistently with the rules of natural justice, i.e.,
the person concerned must be informed of the case, the evidence in support
thereof supplied and must be given a fair opportunity to meet the case before
an adverse decision is taken. According to Black's Law Dictionary civil rights
are such as belong to every citizen of the State or country. They include rights
capable of being enforced or redressed in a civil action.
As regards the application of the principles of natural justice, the
distinction between quasi-judicial and administrative order 4
had gradually
become thin and now it is totally eclipsed and obliterated. The aim of the
rules of natural justice is to secure justice or to put it negatively to prevent
miscarriage of justice. These rules operate in the area not covered by 1~
validly made or expressly excluded.5 The rules of natural justice would apply
unless excluded expressly or by implication.
The principles of natural justice that no man should be condemned
unheard intends to prevent the authority from actiilg arbitrarily affecting the
rights of the concerned person. It is the fundamental rule of law that no
decision must be taken which will affect the right of any person without first
being informed of the case and giving him an opportunity of putting forward
his case. 6 Duty to give reasonable opportunity to be heard will be implied
from the nature of the function to be performed by the authority which has
the power to take punitive or damaging action. Even executive authorities
which take administrative action involving any deprivation of or restriction
on ihherent fundamental rights of citizen, must take care to see that justice
is not only done but manifestly appears to be done. They have to act in a
manner which is patently impartial and meets the requirements of natural
justice.' Just, fair and reasonable action is an essential inbuilt of natural justice
the principles of natural justice are part of Article 14 and therefore rule of
procedure comes as much in the purview of Article 14 as any rule of the
substantive law. 8 Fair play in action requires that the procedure adopted m~st
be just fair and reasonable. The manner of exercise of the power and its
impact' on the right of the person affected would be in conformity with the
1. (1993) 3 s.c.c. 259 .
2. Ibid.
3. (1978) 1 s.c.c. 405.
4. A.K. Kra ipak v. Union of India, _A.LR. 1970 S.C. 15~8
5. Col. f.N. Sinha v. Union of India, (1970) \ S.CSCC i67
6. D.K. Yadav v. J. M.A. Indu stries Ltd., (1993 3 . . . •

~:~1i, of W.B. v. Anwar Ali Sarkar, A.I.R. 1952 S.C. 75; D.K. Yadav v. /.M.A. Industries
Ltd., (1993) 3 S.C.C. 267.
 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATION
58
principles of natural justice. 1 The principles of natural justice are part of the
2
guarantee of equality assured by Article 14.
At present the Courts give much emphasis on the concept of fairness. The
concept of fairness requires fairness in action of the administration whether
the action is judicial, quasi-judicial or administrative. The administrative
inquiry and judicial or quasi-judicial inquiry both intend to arrive at a just
decision and, therefore, both the administrative and judicial or quasi-judicial
authorities are required to observe the principle of fair play or fairness in
action. It is now well established rule that every power should be exercised
reasonably and not arbitrarily. Consequently, the administrative and judicial
or quasi-judicial power both ar~ required to be exercised justly and fairly and
not arbitrarily and capriciously. However, the doctrine of fairness3 cannot be
invoked to alter express terms of contract of statutory nature. The term
4
"fairness" and "natural justice" are used inter changeably. The idea of natural
justice is fair play of action. 5 However, the concept of fairness is a term having
the import wider than that of the natural justice. Fairness includes the natural
justice. The doctrine of fairness requires the observance of the principles of natural
justice as well. In addition to the principles of natural justice the doctrine of
fairness provides certain procedural safeguards where none of the principles
of the natural justice is applicable.
The doctrine of fairness also has some weakness. According to Jain and
Jain,6 if "natural justice" is vague and flexible, the concept of fairness is still
more. There is a danger that the universal adoption of the notion of fairness
may dilute the rules . of natural justice even in those situations where
?therwis~ natural justice would have been applicable. Though "natural justice"
1~ a flexible concept, yet it does embody a minimal content, absence of bias,
nght to know the other party's case, duty to give reasons, and to arrive at
findings, on the basis of records etc.

1. D.K.. Yadav v. I.M.A. Industries Ltd., (l 993) 3

2. Delhi Transport Corporation v. D.TC . S.C.C. 267.
1991 S.C. 101. .. MaJdoor Congress, 1991 Supp. (1) S.C.C. 600 : AJ.R.
3. Assistant Excise Commissioner v I p
4. Jain and Jain, Principles of
.
Ad ~s~c e~er, (l994) 4 S.C.C. 104.
nurustrahve Law 146
5. M aneka Gan dh I v. Union of Ind· . A 1 1978 ' page •
53~. . . za, .. R. 8
S.C. S9 ; Ridge v. Baldwin, (1963) 1 Q.B.
6. Prmc1ples of Admmistr • at·1ve Law, p. 146 _