What is the Bar Council of India?

The Bar Councils of India were established under the Advocates Act, 1961 based on the
recommendations of the All India Bar Committee. These councils operate at both the national and
state levels. The State Bar Councils were established under Section 3 of the Act.

The Bar Council of India comprises members elected from each State Bar Council, the Attorney
General of India, and the Solicitor of India, who serve as members automatically. The members of
the State Bar Councils are elected for five years. The Council has the power to choose its own
Chairman and Vice-Chairman from among its members, and they serve for two years.

The powers and functions of the Bar Council of India have been discussed below.

Powers of the Bar Council of India

The powers of the Bar Council of India are:

Admission as an Advocate

According to Section 20 of the Advocate Act, any advocate who had the right to practice in the
Supreme Court before the appointed day but was not listed in any state roll can express their
intention to the Bar Council.

They must do this within the prescribed time and using the prescribed form. Upon receiving the
application, the Bar Council of India will direct the respective state Bar Council to enter the
advocate’s name in the state roll without a fee.

Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council must send an authenticated
copy of the advocate role, prepared for the first time under this Act, to the Bar Council of India.
Furthermore, any alterations or additions made to the roll must be promptly communicated to the Bar
Council of India.

Transfer of Name
Section 18 of the Advocate Act deals with transferring an advocate’s name from one State Bar
Council role to another. If an advocate wishes to transfer their name, they must apply to the Bar
Council of India.

Upon receiving the application, the Bar Council of India will direct the removal of the advocate’s
name from the first State Bar Council’s roll and its entry into the roll of the other State Bar Council.
No fee is required for this transfer.

Appointment of Committees and Staff Members

Section 9 empowers the Bar Council of India to appoint disciplinary committees, legal aid
committees, executive committees, legal education committees, and other necessary committees.

Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members as
necessary. The secretary and accountant must possess the required qualifications. Having a secretary
is mandatory for the Bar Council.

Maintenance of Accounts

Under Section 12, the Bar Council of India must maintain books of accounts and other relevant
books in a prescribed format. Qualified auditors, similar to the auditing of company accounts, must
audit these accounts.

The Bar Council of India is also responsible for sending a copy of its accounts and the auditors’
report to the Central Government. Furthermore, these accounts are published in the Gazette of India.

Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate Act. These rules can
cover various aspects such as the election of Bar Council members, the chairman and vice-chairman,
dispute resolution, filling of vacancies, powers and duties of the chairman and vice-chairman,
organisation of legal aid, meetings and conduct of the business of committees, and management and
investment of funds of the Bar Council.

General Power and Punishment for Misconduct

 Section 49 of the Advocate Act grants the Bar Council of India general power to make rules for
discharging its functions under the Act. Additionally, Section 36 empowers the Bar Council to
punish advocates for professional or other misconduct. The Bar Council of India can suspend
advocates from practice, remove their names from the state roll, dismiss complaints, or issue
reprimands as it deems fit.

Appellate Power

Section 37 gives the Bar Council of India authority to hear appeals against the orders of disciplinary
committees. The disciplinary committee of the Bar Council of India must hear any appeal.

Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60 days.

Other Powers and Functions

Apart from the aforementioned points, the Bar Council of India has additional powers and functions.

These include:

 providing financial assistance to State Bar Councils that require funds to perform their functions,
 preventing citizens of specified countries from practising law in India if those countries prevent
Indian citizens from practising law there,
 reviewing the legality and propriety of proceedings conducted by State Bar Councils or their
committees,
 giving its orders except in matters handled by the disciplinary committee, and
 providing directions to State Bar Councils or their committees to ensure the proper and efficient
discharge of their functions.

Formation of State Bar Councils

Section 3 of Advocates Act, 1961 states that “there shall be state bar council.” Likewise, state bar
councils are the statuary bodies that governs the legal profession in their respective jurisdictions.
Structure of the State Bar Councils

As per section 3 (2) of Advocates Act, a State Bar Council shall consist of the following members,
namely −

In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India will be
ex-officio member; and, in case of all other state, the advocate-general will be the ex-officio
member.


In the case of a State Bar Council with an electorate not exceeding 5,000, 15 members, in the
case of a State Bar Council with an electorate exceeding 5,000 but not exceeding 10,000, 20
members, and in the case of a State Bar Council with an electorate exceeding 10,000, 25
members, elected in accordance with the system of proportional representation by means of
the single transferable vote from amongst advocates on the electoral roll of the State Bar
Council.


There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the
Council in such manner as may be prescribed.


Powers of the State Bar Councils

Being a statutory and administrative body, the state bar councils have various power such as −
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Rule-Making Authority − State Bar Councils have the authority to make rules regarding the
conditions for enrollment and admission, standards of professional conduct, and disciplinary
proceedings.
To Conduct Election − State Bar Council has the power to conduct election, which include
the manner of conducting election, eligibility to cast postal vote, manner of publishing
results, deciding validity of all such elections, etc.
Constitution and Management of Funds − Based on situation and requirement, state bar
council can constitute fund and manage it accordingly.
Organization of Legal Aid − As per the situation, state bar council can constitute committee
to provide legal aid to all poor or marginalized classes of society.
Administrative Power − The state bar councils have the power to appoint auditors to audit
the accounts of the Bar Council.
Disciplinary Action − One of the most significant powers of state bar council is to initiate
disciplinary proceedings against the advocates found guilty of professional misconduct
Legal Education Regulation − State Bar Councils have the authority to regulate legal
education within their jurisdiction. They prescribe standards for law schools and legal courses
to ensure that aspiring lawyers receive quality education aligned with ethical principles.