Bar Council of India

The Bar Council of India is the apex statutory body that regulates the legal profession and legal education in India. It was constituted under the Advocates Act, 1961 and performs regulatory, representative and disciplinary functions.

Composition

Under Section 4 of the Advocates Act, the Council combines ex officio law officers with representatives elected by State Bar Councils.

• The Attorney-General for India and the Solicitor-General of India are ex officio members.
• Each State Bar Council elects one member from among its members to the Bar Council of India.
• The Council elects its Chairman and Vice-Chairman in the prescribed manner.

Regulatory and representative mandate

The principal functions listed in Section 7 seek to maintain professional standards and coordinate regulation across the country.

• It prescribes standards of professional conduct and etiquette for advocates and safeguards their rights, privileges and interests.
• It lays down procedures for its disciplinary committee and those of State Bar Councils.
• It promotes law reform, organizes legal discussions and publications, and provides legal aid to the poor.
• It sets standards of legal education in consultation with universities and State Bar Councils, recognizes qualifying law degrees and may arrange inspections of universities.
• It recognizes foreign legal qualifications on a reciprocal basis and manages the funds entrusted to it.

Rule-making and disciplinary role

Under Section 49, the Council may make rules on matters authorized by the Act, including professional standards and legal education. This makes it a nationwide regulatory body, while enrolment of advocates is primarily undertaken by State Bar Councils.

• Its disciplinary committees exercise statutory adjudicatory powers, giving the Council a quasi-judicial character.
• Under Section 37, an appeal lies to the Bar Council of India against an order of a State Bar Council's disciplinary committee.
• Under Section 38, an appeal against the Bar Council of India's disciplinary order lies to the Supreme Court.