2.1 & 2.

3 Reading Material

Bar Council - Establishment and Origin Powers and Functions

2.1 Introduction – Establishment and Functions

2.3 Bar Council of India – Powers and Function

1950

After the Constitution of India came into force on January 26, 1950, the Inter-University Board
at its annual meeting held in Madras, passed a resolution stressing the need for an all-India bar
and emphasising the desirability of having uniformly high standards for law examinations in
different Universities of the country in view of the fact that a Supreme Court of India had been
established.

In May 1950, the Madras Provincial Lawyers Conference held under the presidency of Shri S.
Varadachariar resolved that the Government of India should appoint a committee for the purpose
of evolving a scheme for an all-India Bar and amending the Indian Bar Councils Act to bring it
in conformity with the new Constitution.

At its meeting held on October 1, 1950, the Bar Council of Madras adopted that resolution.

1951

Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April 12, 1951, a
comprehensive bill to amend the India Bar Councils Act.

The Government of India took the view that in the changed circumstances of independence, a
comprehensive Bill sponsored by the Government was necessary. In August 1951, the then
Minister of Law announced on the floor of the House that the Government of India was
considering a proposal to set up a Committee of Inquiry to go into the problem in detail. The
Committee was constituted and asked to examine and report on:

1. The desirability and feasibility of a completely unified Bar for the whole of India,

2. The continuance or abolition of the dual system of counsel and solicitor (or agent) which
obtains in the Supreme court and in the Bombay and Calcutta High Courts,

3. The continuance or abolition of different classes of legal practitioners, such as advocates of

the Supreme Court, advocates of the various High Courts, district court pleaders, mukhtars
(entitled to practice in criminal courts only), revenue agents, and income-tax practitioners,

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4. The desirability and feasibility of establishing a single Bar Council for (1) the whole of India
and (2) for each State,

5. The establishment of a separate Bar Council for the Supreme Court,

6. The consolidation and revision of the various enactments (Central as well as State) relating
to legal practitioners, and

7. All other connected matters.

This All India Bar Committee was headed by the Hon’ble Shri S. R. Das, Judge, Supreme Court
of India. The Committee consisted of the following members:

1. Shri M. C. Setalvad, Attorney General of India,

2. Dr. Bakshi Tek Chand, retired High Court Judge,

3. Shri V. K. T. Chari, Advocate-General of Madras,

4. Shri V. Rajaram Aiyar, Advocate-General of Hyderabad,

5. Shri Syed A, Kazmi, M.P., Advocate, Allahabad,

6. Shri C. C. Shah, M.P., Solicitor, Bombay, and

7. Shri D. M. Bhandari, M.P., Advocate, Rajasthan High Court.

1953

The All India Bar Committee submitted its detailed report on March 30, 1953. The report
contained the proposals for constituting a Bar Council for each state and an All-India Bar
Council at the national level as the apex body for regulating the legal profession as well as to
supervise the standard of legal education in India.

Meanwhile, the Law Commission of India had been assigned the job of preparing a report on the
reforms of judicial administration.

1961

To implement the recommendations of the All-India Bar Committee and taking into account the
Law Commission’s recommendations relating to the legal profession, a comprehensive
Advocates Bill was introduced in the Parliament which resulted in the the Advocates Act, 1961.

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The Bar Council of India is a statutory body created by Parliament to regulate and represent the
Indian bar. They perform the regulatory function by prescribing standards of professional
conduct and etiquette and by exercising disciplinary jurisdiction over the bar. They also set
standards for legal education and grants recognition to Universities whose degree in law will
serve as qualification for enrolment as an advocate.

In addition, they perform certain representative functions by protecting the rights, privileges and
interests of advocates and through the creation of funds for providing financial assistance to
organise welfare schemes for them.

The Bar Council of India was established by Parliament under the Advocates Act, 1961. The
following statutory functions under Section 7 cover the Bar Council’s regulatory and
representative mandate for the legal profession and legal education in India:

1. To lay down standards of professional conduct and etiquette for advocates.

2. To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.

3. To safeguard the rights, privileges and interests of advocates.

4. To promote and support law reform.

5. To deal with and dispose of any matter which may be referred to it by a State Bar Council.

6. To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar Councils.

7. To recognise Universities whose degree in law shall be a qualification for enrolment as an

advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this purpose.

8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and
papers of legal interest.

9. To organise legal aid to the poor.

10.To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India for
the purpose of admission as an advocate in India.

11.To manage and invest the funds of the Bar Council.

12.To provide for the election of its members who shall run the Bar Councils.

The Bar Council of India can also constitute funds for the following purposes:

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1. Giving financial assistance to organise welfare schemes for poor, disabled or other
advocates,

2. Giving legal aid, and

3. Establishing law libraries.

The Bar Council of India can also receive grants, donations, and gifts for any of these purposes.

BAR COUNCIL OF INDIA UNDER THE ADVOCATES ACT, 1961 READ WITH BCI
RULES:

The statutory powers and functions of the BCI as conferred by means of the Advocates Act,
1961 as well as the BCI Rules are two fold;

First, to supervise the centres of legal education functioning all over the country and the students
enrolled therein, inter-alia by laying down the standards of curriculum, standards of
infrastructure, number and qualification of faculties, recognition of centres of legal education
(Law Schools/Colleges) based upon the standards laid down by BCI and;

Secondly, to prescribe a uniform qualification for the admission of persons to be advocates and
to further regulate the entry and over all conduct of Advocates in the profession by laying down
standards of professional conduct and etiquettes for advocates.

Section 7 of Advocates Act provides for the functions of the Bar Council of India, subsection
1(c) whereof provides for laying down standards of professional conduct and etiquette for
advocates and sub-section 1(d) mandates to safeguard the rights, privileges and interests of
advocates.

Section 7(1)(h) of the Advocates Act, 1961 provides for promotion of legal education and to lay
down the standards of such education.

Section 7(1)(l) vests BCI with the power to perform all other functions conferred on it by or
under this Act.

Section 7(1)(m) further vests BCI with the power to do all other things necessary for discharging
the functions enumerated under Section 7 of the Act.

Section 10(2)(b) confers the power upon BCI to constitute a Legal Education Committee.

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Sections 16 – 28 under Chapter III of the Advocates Act prescribe the admission and enrollment
of Advocates and the power of the BCI and State Bar Councils to frame Rules in this regard.

The provisions of Sections 29, 30 and 33 of the Advocates Act do not confer an unfettered right
on advocate to practice the profession of law. The entitlement under Section 29 and right granted
under section 30 of the Act are subject to the provisions of the Act as well as the Rules framed
thereunder.

Section 49 (ag) of the Act provides that the BCI may make rules for discharging its functions
under this Act to prescribe the Class and Category of persons entitled to be enrolled as an
Advocate.

Section 49 of the Act provides general power to the BCI to make rules for discharging its
Functions under this Act.

Part IV of the BCI Rules provides for Rules on standards of legal education and recognition of
degrees in law for the purpose of enrolment as advocate and inspection of Universities for
recognizing its degree in law in consultation with Universities and State Bar Councils. The Legal
Education Committee (LEC) is chaired by a former Judge of Hon’ble Supreme Court and has 2
sitting Chief Justices of the High Courts, 5 noted academicians including 4 Vice Chancellors of
National Law universities and premier Government Universities and eminent senior advocates
apart from 5 members of the BCI.

In Bar Council of India vs. Bonnie FOI Law College & Ors., S.L.P. (C) No. 22337 of 2008
the Hon'ble Supreme Court had sought to address an issue of enormous contemporary
importance: the inspection, recognition and accreditation of law colleges by the Bar Council of
India. Vide order dated 29th June 2009, the Hon'ble Supreme Court noted with concern the
diminishing standards of professional legal education provided at various Law Colleges across
the country, and, in particular, identified the quality and standard of infrastructure, library and
faculty as core areas that need to be redressed, along with the pay and remuneration offered to
the faculty members by Law Colleges. The order dated 29th June 2009 in this regard is as
follows:-

The relevant portion of the Supreme Court's order reads as follows:

"The entire future of the legal profession depends on ultimate product of these Law Colleges.
Looking to the gravity and seriousness of the matter, we request the learned Solicitor General
and President of the Bar Association and the Chairman, Bar Council of India to look into the
matter seriously and submit a report to this Court as expeditiously as possible. They would be at
liberty to associate experts or any other person which they deem it appropriate."

The 3-Member Committee was, therefore, to examine issues concerning the manner of affiliation
and recognition of Law Colleges by the Bar Council of India, identifying areas which require

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redressal, and also addressing factors impeding the implementation of the norms already in
place. I state that the 3-Member Committee submitted a draft Report to the Hon'ble Supreme
Court on 6th October 2009, wherein the Hon'ble Supreme Court was pleased to direct that the
Report be placed before the Bar Council of India for consideration. The Report was, therefore,
tabled before the Bar Council of India which, vide Resolution dated 24th October 2009,
approved the Report unanimously subject to one amendment: it was the suggestion of the Bar
Council that all law schools and colleges should be mandatorily required to establish legal aid
clinics/centres to provide inexpensive and expeditious legal advice to the needy sections of our
society. The said suggestion was incorporated by the 3-member Committee in its Report. I state
that the Final Report of the 3-Member Committee on Reform of Legal Education was submitted
to the Hon'ble Supreme Court on 10th November 2009 and was accepted by the Court. The
Court was pleased to observe as follows:

"In our considered view, the recommendations given by the Committee would go a long way in
improving the quality of legal education. We fully agree with the recommendations of the report
Consequently, we direct the Central Government to take immediate steps to implement the final
report submitted to this Court by the learned Solicitor General of India." I ‘state that the Hon'ble
Supreme Court was, in particular, pleased to accept the recommendation of the 3-Member
Committee with respect to the conduct of an All India Bar

Examination and directed, vide order dated 14th December 2009, as follows:

"... The most significant achievement of this entire exercise has been the introduction of the Bar
Examination. Learned Solicitor General submits that the first Bar Examination shall be
conducted in July-August, 2010 by a specially constituted independent body, consisting of
experts of various disciplines of national stature.

In the facts and circumstances of this case, we deem it appropriate to direct the Central
Government to ensure that the entire programme framed by the three-member Committee is
operationalized forthwith. We further direct the concerned institutions to fully cooperate with the
Bar Council of India..."

Bar Council of India, in compliance with the directions passed by the Hon'ble Supreme Court,
has framed the Bar Examination Rules under the provisions of Section 49(i) (ah) of the
Advocates Act, 1961, which enable the Bar Council of India to frame rules prescribing the
conditions subject to which an advocate shall have the right to practice and the circumstances
under which a person shall be deemed to practice as an advocate in a court.

The said Rules have been framed by the Bar Council after exhaustive deliberations with various
stakeholders and consideration of representations made by numerous students currently pursuing
a degree in law.

All India Bar Examination

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The All India Bar Examination were considered and approved by the Bar Council of India at its
meeting held on 30th April 2010, wherein it was decided by the Council that the examination
shall be mandatory for all law students graduating from the academic year 2009-2010 onwards,
and that candidates may apply to appear in the examination only after enrolling as advocates
under Section 24 of the Advocates Act, 1961.

The Sole intention of the AIBE examination was to improve the standard of legal profession;
therefore, AIBE examination is not relevant for those who are not interested to enter into the
legal profession. Therefore, those candidates, who are not interested in practicing the law, cannot
be exempted from obtaining enrolment before State Bar Council for appearing in the AIBE. The
candidate will be awarded certificate of practice after clearing the examination and is eligible to
practice in any court in India. The exam is conducted in national and regional languages.

All India Bar Examination is certification exam conducted twice a year by Bar Council of India
for law graduates willing to start practice of profession as Lawyer. The exam is conducted in 50
cities having 140 centres as an open book exam. The exam is conducted to assess basic level
knowledge of a member and lay down minimum benchmark for entering into practice of law in
addition to assessing candidate's analytical skills. After clearing All India Bar Examination, the
candidate is awarded certificate of practice by Bar Council of India. Qualified member in the
exam can attend court hearings in any tribunals courts and administrative bodies. The exam is in
multi-choice model and conducted offline in 3 and half hours duration. the All India Bar
Examination is a post-enrolment examination where persons are initially said to be provisionally
enrolled on an undertaking that they will pass the exam within 2 years of said enrolment. The
concept of provisional enrolment and the undertaking was brought in through the BCI Resolution
dated 12.04.2013. However, as a result of BCI Resolution dated 31.01.2017, it has been clarified
that while the right to practice would only be for two years under a provisional enrolment, the
said person can continue to take the Bar Examination as many times as is possible. The result
therefore is that any person who is provisionally enrolled is allowed to practice for two years, but
is allowed to take the exam not just for two years but for any number of times till he passes the
exam while the date of reckoning seniority is from the date of the provisional enrolment.