BAR COUNCIL
OF INDIA
INTRODUCTION
A Statutory body incorporated under Section 4 of the Advocates Act 1961
regulating the practice and education related to the law in India.
Its members are selected from amongst the lawyers in India and as such represent the Bar
Council.
It prescribes standards of professional code of conduct, etiquette and exercises disciplinary
jurisdiction over the bar.
It also sets standards for education in the legal field and gives recognition to Universities
whose degree in law will be served as a qualification for students to enrol themselves as
advocates after graduation.
NOTE: BCI has many more functions, they will be dealt in detail in next module.
HISTORY OF BCI
1950
Upon enforcement of Constitution of India on January 26, 1950, the Inter-University Board at
its annual meeting constituted in Madras, passed a resolution stressing the necessity for an All-
India Bar.
The basic reason for such a resolution was to provide a high standard of Law examination at
various Universities.
One of the reason, apart from many other, for raising standard of legal education was that
Supreme Court of India was established.
In May 1950, the Madras Provincial Lawyers Conference under the presidency of Shri S.
Varadachariar resolved that the government of India ought to appoint a committee for the aim
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 the said
resolution.
1951
on April 12, 1951, Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced,
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.
Subsequently, a Committee was constituted and asked to examine and report on:
The desirability and feasibility of a completely unified Bar for the whole of India,
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, etc.
The desirability and feasibility of establishing a single Bar Council for (1) the whole of India
and (2) for each State,
The establishment of a separate Bar Council for the Supreme Court,
The consolidation and revision of the various enactments (Central as well as State) relating to
legal practitioners, and
All other connected matters.
CONSTITUTION OF
COMMITTEE:
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.
Under the Advocates Act, The Bar Council of India was established by the Parliament.
As per Section 7, the following statutory functions cover the Bar Council’s regulatory and
representative mandate for the profession and education related to the Legal field in India:
1. To lay down standards of professional code of conduct and etiquette for the advocates.
2. To lay down the procedure for its disciplinary committee and the disciplinary committees of
every State Bar Council.
3. To secure the rights, privileges, and interests of advocates.
4. To encourage and support legal reforms.
5. To deal with and dispose of any matter which is referred to it by a State Bar Council.
6. To promote legal education and to lay down standards of legal education. This is done with
the consultation of the Universities imparting legal education and every State Bar Council.
7. To recognize Universities whose degree in law shall be qualified for enrolment as an
advocate.
8. To provide legal aid for the poor and weaker sections of the society.
9. To recognize on an alternate basis, the foreign qualifications in law obtained outside India for
enrolment as an advocate in India.
10. To control and invest the funds of the Bar Council.
11. To provide for the election of its members for the management of the Bar Councils.
