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Tag: BCI

Bar Council of India (BCI)

The Inter-University Board passed a resolution after the Constitution of India had been established on January 26, 1950, emphasizing the necessity of an all-India bar and the significance of maintaining consistently high standards for law examinations at various Universities. Under Shri S. Varadachariar’s leadership, the Madras Provincial Lawyers Conference decided in May 1950 that a committee constituted by the Indian government should develop a plan for an all-India bar and revise the Indian Bar Councils Act to be in line with the new Constitution. A bill to alter the India Bar Councils Act was put out by member of parliament Shri Syed Mohammed Ahmad Kazmi on April 12, 1951. The Indian government came to the conclusion that the bill needed to be sponsored by the government. A Committee of Inquiry was established in August 1951 to examine the viability of a unified bar in India, the continuation or elimination of the dual system of counsel for each state, the potential for a separate bar council for the Supreme Court, and the revision of laws governing the legal profession.

A statutory entity that oversees and represents the Indian bar is the Bar Council of India. The Advocates Act of 1961, passed by Parliament, authorized its creation. It establishes etiquette and professional conduct guidelines and has disciplinary authority over the bar. Additionally, it establishes requirements for legal education and recognizes universities whose degrees in law will allow graduates to register as attorneys once they graduate.

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Composition of the Bar Council Of India- Section-4

There are 18 members of the Indian Bar Council. The remaining 16 members of the council represent the 16 State Bar Councils in the nation, while the Attorney General of India and the Solicitor General of India are Ex-officio Members. The Chairman and Vice-Chairman are chosen from among the members of the Bar Council of India for terms of two years each, while the Members are elected for terms of five years for the Members. The Bar Council also has a number of committees, including the Legal Education Committee, the Disciplinary Committee, the Executive Committee, the Legal Aid Committee, the Advocates Welfare Fund Committee, the Rules Committee, and numerous additional Committees created to look into certain concerns that occasionally arise.

Who can contest and participate in the elections?
The elected members of a State Bar Council shall be elected by and from amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to practice in the High Court and are ordinarily practising within the territory (including a Union Territory) for which the Bar Council is to be constituted. [Section 53 of the Advocates Act]
Conduct of the elections
Section 15 of Advocates Act states that a Bar Council may make rules to carry out the election of members of the Bar Council by secret ballot and also lay down guidelines regarding the manner of election of the Chairman and the Vice Chairman of the Bar Council.
Disqualification of members of Bar Council
According to Section 10B of the Advocates Act, a person can cease to be a member of the Bar Council in the following 3 situations:

  1. If he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council.
  2. If his name is, for any cause, removed from the roll of advocates.
  3. If he is otherwise disqualified under any rule made by the Bar Council of India.

Constitution, functions and procedure of Committees of the Bar Council of India

  1. The Council may appoint from among its members, one or more Committees as it may deem necessary, in addition to those specified in the Act and delegate such powers, duties, and functions to such Committees as it deems fit.
  1. Any casual vacancy in the above Committees shall be filled up by the Council.
  2. Save where the Chairman or the Vice-Chairman is a member of the Committee or the Sub-Committee, the Committee or the Sub-Committee shall choose its Chairman for the meeting unless at the time of the constitution thereof the name of the Chairman has been specified.
  3. Unless otherwise determined at the time of the election, the term of the members of the Committees of the Council shall be as follows:
    I. Executive Committee – 2 years
    II. Disciplinary Committee – 3 years
    III. Legal Education Committee – 4 years
    IV. Legal Aid Committee – 2 years
    V. Advocates Fund Committee – 2 years
    VI. Any other Committee not falling under the above clauses – 2 years.

Functions Of Bar Council of India

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 recognize 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 organize legal aid to the poor.
  10. To recognize 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 may constitute one or more funds in the prescribed manner for the purpose of (a) giving financial assistance to organize welfare schemes for indigents, disabled or other advocates;
    (b) giving legal aid or advice in accordance with the rules made in this behalf;
    (c) establishing law libraries.

For all or any of the purposes listed in subsection (2), the Bar Council of India is eligible to receive grants, donations, gifts, or benefactions, which must be credited to the relevant fund or funds established under that subsection.Grants, contributions, and gifts may also be given to the Bar Council of India for any of these uses. Regarding the sixth argument (mentioned above), the Supreme Court has made it quite plain that it is the responsibility of Indian Universities, not the Bar Council of India, to decide whether to import legal education.The only thing the Bar Council can do is advise strategies for encouraging poor legal education to be delivered by universities, and for that reason it may set educational standards. Sections 7 do not give the Bar Council the authority to create its own regulations defining pre-enrolment as an advocate.

According to Section 7(a) of the Advocate Act of 1961, the Bar Council of India may join international legal organizations like the International Bar Association and International Legal Aid Association, give such organizations any money it sees fit in the form of subscriptions or other payments, and approve spending for its representatives to attend any international legal conferences or seminars.

Appointment of committees and Staff members
Section 9 of the Advocate Act empowers The Bar Council of India to appoint one or more disciplinary committees, Legal aid committee’s u/s 9-A executive committee u/s 10(2), Legal Education Committee, etc.
Section 11 of the Advocate Act empowered the Bar Council to appoint a secretary and accountant and such number of other persons as may deem necessary the secretary and accountant, if any shall possesses such qualification.It is mandatory that the Bar Council shall have a secretary.

Other powers and functions of Bar Council of India
 To give such financial assistance as it fit to the State Bar Council in need of funds for the purpose of performing its function.
 To prevent a citizen of any country from practicing profession of law in India when that country specified by the central government in this behalf, prevents citizen of India from practicing the profession of law in their country.
 To call for the record of any proceedings from any State Bar Council or Committee thereof to see legality and proprietary of such proceeding.
 To give its own order of any of its committee accept the disciplinary committee.
 To give direction to the State Bar Council or any other Committee thereof for the proper and efficient discharge of the functions of the State Bar Council.
We can say that BCI has very important role to play in the field of legal education and profession of the country. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll
themselves as advocates upon graduation