Bar Council of India

Bar Council of India (BCI)

• Establishment:

  • Established under the Advocates Act, 1961.
  • Statutory body (not constitutional).
  • Based on recommendations of:
    • All India Bar Committee (1951, chaired by Justice S.R. Das)
    • Law Commission of India (1958)
  • Autonomous body.
  • Works under the Department of Legal Affairs, Union Ministry of Law and Justice.

• Composition:

  • Elected members and ex-officio members.
  • Elected: One member from each State Bar Council (SBC).
  • Ex-officio: Attorney-General of India and Solicitor-General of India.
  • Chairman and Vice-Chairman: Elected by the Council from amongst its members; hold office for two years.
  • Term of office for elected member coincides with their term in respective SBC.

• Committees:

  • Disciplinary Committee(s)
  • Legal Aid Committee(s)
  • Executive Committee
  • Legal Education Committee
  • Other Committees (if necessary)

• Functions:

  • Sets standards for professional conduct and etiquette for advocates.
  • Lays down procedures for disciplinary committees (BCI and SBCs).
  • Safeguards rights, privileges, and interests of advocates.
  • Promotes and supports law reform.
  • Deals with matters referred by SBCs.
  • Exercises general supervision and control over SBCs.
  • Promotes legal education, sets standards in consultation with Universities.
  • Recognizes universities for advocate enrollment qualifications; inspects universities (directly or via SBCs).
  • Conducts seminars and organizes talks on legal topics; publishes journals and papers.
  • Organizes legal aid for the poor.
  • Recognizes foreign law qualifications (on reciprocal basis) for admission as an advocate.
  • Manages and invests funds.
  • Provides for election of its members.
  • Performs functions conferred by the Advocates Act.
  • Undertakes all necessary actions for discharging functions.

• Funds:

  • BCI can establish funds for:
    • Financial assistance for welfare schemes for indigent/disabled advocates.
    • Legal aid/advice.
    • Establishing law libraries.
  • Can receive grants, donations, gifts, and benefactions.
  • Can become a member of international legal bodies.

State Bar Councils (SBCs)

• Establishment:

  • Advocates Act, 1961 provides for a SBC for each state or a common SBC for two or more states/UTs.
  • Currently, 24 SBCs.

• Composition:

  • Elected members and ex-officio members.
  • Elected members vary based on electorate size:
    • 5,000 electorate = 15 members
    • 5,000 - 10,000 electorate = 20 members
    • Over 10,000 electorate = 25 members
    • Elected via proportional representation by single transferable vote.
    • Half of the elected members must have been advocates on a state roll for 10 years.
  • Ex-officio: Advocate-General of the state (or each state in a common SBC); Additional Solicitor-General of India (for SBC of Delhi).
  • Chairman and Vice-Chairman: Elected by the Council from amongst its members.
  • Term of office: 5 years.
  • BCI can extend term by 6 months if SBC fails to conduct elections.

• Committees:

  • Disciplinary Committee(s)
  • Legal Aid Committee(s)
  • Executive Committee
  • Enrollment Committee
  • Other Committees (if necessary).

• Functions:

  • Admits persons as advocates on its roll.
  • Prepares and maintains such roll.
  • Addresses cases of misconduct against advocates on its roll.
  • Safeguards rights, privileges, and interests of advocates on its roll.
  • Promotes growth of Bar Associations for welfare schemes for indigent/disabled/other advocates.
  • Promotes and supports law reform.
  • Conducts seminars and organize talks on legal topics; publishes journals and papers.
  • Organizes legal aid to the poor.
  • Manages and invests its funds.
  • Provides for the election of its members.
  • Visits and inspects universities according to BCI directions.
  • Performs other functions conferred by the Advocates Act.
  • Undertakes all things necessary for discharging the above functions

• Funds:

  • A SBC may establish funds for:
    • Giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates
    • Giving legal aid or advice
    • Establishing law libraries
  • A SBC may also receive grants, donations, gifts and benefactions for the above purposes.

Types of Advocates

• Senior Advocate:

  • Designated under the Advocates Act, 1961.
  • Or, names were on the roll of senior advocates before the Act's commencement.
  • Designation based on ability, standing at the Bar, or special knowledge/experience in law.
  • Designation of Senior Advocates is done by the Supreme Court or the High Courts.
  • The Supreme Court Rules, 2013, deals with designation of Advocates as Senior Advocates
  • Retired Chief Justices/Judges of the High Courts are also considered for designation as Senior Advocates in the Supreme Court.
  • Cannot appear in Supreme Court without an Advocate-on-Record.
  • A Permanent Committee has been constituted by the Chief Justice of India to deal with all matters relating to designation of Senior Advocates in the Supreme Court

• Advocate-on-Record:

  • Entitled to act and plead for a party in the Supreme Court.
  • No other advocate can file an appearance or act for a party in the Supreme Court.
  • "Advocates-on-Record" replaced the system of "Agents".

• Other Advocates:

  • Names are entered on the roll of any State Bar Council under the Advocates Act, 1961.
  • Cannot appear, plead or address the Court in any matter on behalf of a party in the Supreme Court unless instructed by an Advocate-on-Record or permitted by the Court.

Table of State Bar Councils

Sl. No.	Name	States & UTs Covered
1	Bar Council of Andhra Pradesh	Andhra Pradesh
2	Bar Council of Bihar	Bihar
3	Bar Council of Gujarat	Gujarat
4	Bar Council of Jharkhand	Jharkhand
5	Bar Council of Madhya Pradesh	Madhya Pradesh
6	Bar Council of Chhattisgarh	Chhattisgarh
7	Bar Council of Karnataka	Karnataka
8	Bar Council of Orissa	Odisha
9	Bar Council of Rajasthan	Rajasthan
10	Bar Council of Telangana	Telangana
11	Bar Council of Uttar Pradesh	Uttar Pradesh
12	Bar Council of Uttarakhand	Uttarakhand
13	Bar Council of Meghalaya	Meghalaya
14	Bar Council of Manipur	Manipur
15	Bar Council of Tripura	Tripura
16	Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland	Arunachal Pradesh, Assam, Mizoram and Nagaland
17	Bar Council of Kerala	Kerala and Lakshadweep
18	Bar Council of Madras	Tamil Nadu and Puducherry
19	Bar Council of Maharashtra and Goa	Maharashtra, Goa and Dadra and Nagar Haveli and Daman and Diu
20	Bar Council of Punjab and Haryana	Punjab, Haryana and Chandigarh
21	Bar Council of Himachal Pradesh	Himachal Pradesh
22	Bar Council of West Bengal	West Bengal and Andaman and Nicobar Islands
23	Bar Council of Delhi	Delhi
24	Bar Council of Jammu and Kashmir, and Ladakh	Jammu and Kashmir, and Ladakh