Powers of Bar Councils

 

Vande Matram! In this article, I am discussing the Powers of Bar Councils which are in the light of the Bar Council of India rule and the Advocates Act, 1961. Let’s begin.

Introduction:

Bar councils are established under Section 3 and Section 4 of the Advocates Act, 1961. These bar councils have to perform certain functions as per the Act. To perform smoothly each bar council is empowered under Section 15 and Chapter III of the Advocates Act, 1961.

Power to make rules:

Section 15 of the Advocates Act 1961 gives power to BCI to perform the functions in the effect of the Act. These powers are also inherited to the state bar councils established in various states of India in the legal periphery of Advocates Act, 1961 and Bar Council of India Rules. Section 15 is reproduced and discussed here:

15. Power to make rules.―(1) A Bar Council may make rules to carry out the purposes of this Chapter.

As per Section 6 and Section 7 bar councils have to perform various functions and hence bar councils are empowered to make rules to carry out the purposes of the Advocates Act, 1961.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for―

(a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;

(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;

(d) the manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council or to the office of the Chairman or Vice-Chairman shall be finally decided;

(f) the filling of casual vacancies in the Bar Council;

(g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council;

(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub-section (2) of section 7;

(gb) organisation of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given;

(h) the summoning and holding of meetings of the Bar Council, the conduct of business thereat, and the number of members necessary to constitute a quorum;

(i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee;

(j) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;

(k) the qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar Council;

(l) the maintenance of books of accounts and other books by the Bar Council;

(m) the appointment of auditors and the audit of the accounts of the Bar Council;

(n) the management and investment of the funds of the Bar Council.

In particular, none of the specific prohibitions can have the effect of reducing the scope of the general principle and such rules made by the bar councils are for

1. Election of members of bar councils and procedures related to voting and declaring the election results.

2. Manner of election of Chairman and Vice-Chairman of the respective bar council.

3. Manner to decide the disputes related to the elections of the members, Chairman, Vice Chairman of the bar council.

4. Fill the casual vacancies of the bar councils.

5. Rules regarding powers and duties of the chairman and vice-chairman.

6. Constitution of funds as per the provisions of Section 6(2) and Section 7(2) whichever applicable.

7. Constitution of fund and committee to organize legal aid for poor and weaker section of the society in the light of Legal Service Authorities Act, 1987.

8. Summon and hold a meeting of bar council and committees constituted

9. Rules regarding the formation of a committee to carry out certain functions under the Act and to decide the term of office of the members of such committees.

10. Rules regarding the qualification and service of various posts of bar councils such as secretary, accountant, clerks, etc.

11. Maintain book of accounts and other books of the bar council.

12. Appoint the auditors for audit of the bar council.

13. Manage and invest the funds of the bar council.

(3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India.

Bar councils have the power to frame rules enlisted above, but only BCI is empowered to approve such rules and after such approval, the rules shall have an effect.

Further Chapter III provides some powers related to the admission and enrollment of the advocates through Sections 16 to 23 such as:

1. Prepare rolls of advocates and admit new advocates in the roll.

2. Decide the seniority of the advocates already on the roll and maintain the rolls for this purpose.

3. Disqualify the advocates as per the professional conduct rules of BCI if needed as well as Section 24A of the Act.

4. No person shall be entered in the advocates roll of more than one state bar council roll, for this purpose bar councils can restrict such advocates from being enrolled in another roll of advocates.

5. Transfer the name of an advocate on a roll from one state bar council to another on the proper application for such purpose made by the advocate.

6. Send copies of rolls of bar councils to BCI for record and inspection purposes.

7. Resolve the disputes regarding the seniority of the advocates on the roll.

8. Issue the certificate of the enrollment of the advocate.

9. Dispose of the applications for enrollment of advocates.

10. Remove the name of an advocate from the roll if that person is dead or if that person had made an application to remove his/her name.

11. Frame rules to perform the functions related to the admission and enrollment of advocates.

Special powers of BCI:

BCI has been empowered especially as it is the apex body of bar councils. It is having the power to frame rules as per the provisions of Section 15(2) to perform various functions under the Advocates Act.

1) BCI can only approve rules made by state bar councils to carry out the functions enlisted in the Advocates Act, 1961.

2) Only BCI can lay the rules and standards for legal education to be imparted by the universities on the recommendations of the Legal Education Committee.

3) BCI has the power to hear the disciplinary committee matters referred to it by the state bar councils or by an advocate on his application of review of summary dismissal done by the disciplinary committee of the state bar council.

4) BCI has the power to discontinue of recognition of any University which is based on the recommendation by the Legal Education Committee.

5) BCI can conduct the All India Bar Examination to check the ability of practice of a law graduate from any recognized university.

Note: Part in Red words is part of Bare Act – Advocates Act, 1961.

If you want to know about specific provisions of the Advocates Act, 1961 and the Bar Council Rules then let me know in the comments below.

To know the references and to read more articles related to Professional ethics and professional accounting system please visit this page Legal Profession: Professional Ethics and Professional accounting system.

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