Monday, 6 December 2021

Bar Council of India: History, Constitution and Term of members

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

Bar Council of India:

Introduction:

The Bar Council of India (BCI) was established by Parliament under Section 4 of the Advocates Act, 1961. BCI is a statutory body that regulates and represents the Indian Bar. The headquarter of BCI is in New Delhi. It is headed by the Chairman and Vice-Chairman. BCI comes under the domain of the Ministry of Law and Justice, Government of India.

As per Section 5 of the Advocates Act, 1961 BCI is a corporate body having an interminable succession and a common seal. The BCI has constituted a few committees, for example, the Education Committee, the Disciplinary Committee, the Executive Committee, the Legal Aid Committee, the Advocates Welfare Fund Committee, the Rules Committee, etc.

BCI performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. BCI additionally sets standards for legal education and gives recognition to Universities whose degree in law fills in as a qualification for students to enroll themselves as advocates after graduation.

In addition, BCI performs certain representative functions by protecting the rights, privileges, and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.

History:

After enforcement of the Constitution of India on 26th January 1950, it was emphasized that there should be uniformity in law examinations conducted by different universities of the country. For this purpose, the need for All India Bar was felt and a resolution was passed for the need of an All Indian Bar in the annual meeting of the Inter-University Board held in Madras.

In this regard, on April 12, 1951, a comprehensive bill to amend the Indian Bar Councils Act was introduced in the Parliament of India. In August 1951, Dr. Babasaheb Ambedkar, Law Minister proposed to set a committee to prepare a report on the various aspects like the desirability and feasibility of a unified Bar for the whole of India; the establishment of a separate Bar Council for the Supreme court; and all the related matters. This All India Bar Committee was led by Justice S. R. Das and had other seven members. The committee submitted its detailed report on 30 March 1953. The report consisted of a proposal to establish a Bar council for each state and an All India Bar Council at the national level.

In the meantime, the Law Commission of India was assigned the job of assembling a report on judicial administration reforms. A comprehensive Advocated Bill was presented in the Parliament which brought about the Advocates Act, 1961 to implement the suggestion of the All India Bar Committee and the Law Commission’s proposals related to the legal profession. The Bar Council of India was established under Section 4 of the Advocates Act, 1961.

Constitution of Bar Council of India and its members:

Section 4 of the Advocates Act provides for the constitution of the Bar Council of India. Section 4 reads as follows:

4. Bar Council of India.―(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:―

(a) the Attorney-General of India, ex officio;

(b) the Solicitor-General of India, ex officio;

(c) one member elected by each State Bar Council from amongst its members.

(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.

(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.

(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,—

(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election or till he ceases to be a member of the State Bar Council, whichever is earlier; and

(ii) in any other case, be for the period for which he holds office as a member of the State Bar

Council:

Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.

Thus as per Section 4(1), there shall be three types of members of the Bar Council of India:

a) the Attorney General of India, who is an ex-officio member

b) the Solicitor General of India, who is an ex-officio member

c) each state bar council in India will elect a member from amongst its members to be a member of the Bar Council of India.

According to Section 4(1A), the following qualifications must be there for an advocate to be a member of the Bar Council of India:

a) all the members are subject to the rules made by the Bar Council of India regarding elections of the members of State Bar Council,

b) such advocate must have for at least ten years been advocates on a State roll,

Section 4(2) says that there shall be a Chairman and Vice-Chairman of the BCI, who are elected by the members of BCI.

Section 4(2A) provides for the circumstances due to the Advocates (Amendment) Act, 1977.

Term of the members of BCI:

Section 4(3) provides for the term of office of the elected members of BCI.

Clause (i) of Section 4(3) gives that if an ex-officio member of a state bar council has been elected to be a member of BCI, then his term will be 2 years from the date of his election. If such ex-officio elected member ceases to be a member of the state bar council before the completion of two years, then his term of office in BCI will be terminated with that.

Clause (ii) of Section 4(3) provides that if an elected member of state bar council becomes an elected member of BCI then his term of office shall be for the period for which he holds office as a member of the State Bar Council. This means as the term at State Bar Councils ends, the term at BCI will also end. But all these members shall continue to hold the office of BCI as members till their successor at respective state bat council is elected.

We have discussed functions of the Bar Council of India in Article “Functions of Bar Councils as per Section 6 and Section 7

Section 15 of the Advocates Act provides for the powers of Bar Councils which apply to BCI as well as state bar councils.

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.

Thanks for reading till the end. Please share this with all legal professionals.

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Members of State Bar Councils

 

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

Members of Bar Councils:

Introduction:

Advocates Act 1961 was enacted for the uniformity of the legal profession and to lay down the rules and regulations for the same. Also, it provides for the constitution of the state bar councils across the territory of India and the Bar Council of India.

For your reference the Sections 3(2), 3(3), 3(3A), 3(4), 3(5), and 3(6) are produced and explained here as follows:

(2) A State Bar Council shall consist of the following members, namely:―

(a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh, Mizoram and Nagaland ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio; and in the case of any other State Bar Council, the Advocate-General of the State, ex officio;

Section 3(2) provides for the appointment of the members of the state bar councils through its various sections, which are already given in the article “Establishment of State Bar Councils in India: Section 3 of Advocates Act 1961

(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:

Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).

Section 3(2)(b) states the number of members required to be elected in a state bar council depending upon the number of the electorate with that bar council.

a) For the number of electorates not exceeding 5,000(five thousand), the elected members should be 15 (fifteen)

b) For the number of electorates exceeding 5,000 (five thousand) and not exceeding 10,000 (ten thousand, the elected members should be 20 (Twenty)

c) For the number of electorates exceeding 10,000 (ten thousand), the elected members should be 25 (twenty-five)

Further, this clause provides for the eligibility of advocates who can compete in elections and become members of the state bar council. The conditions are as follows:

a) all the members are subject to the rules made by the Bar Council of India regarding elections of the members of State Bar Council,

b) such advocate must have for at least ten years been advocates on a State roll,

(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.

Section 3(3) provides for the election and appointment of the Chairman and Vice-Chairman of the State Bar Council who are elected by the council as per the procedure prescribed by the BCI rules.

(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.

Section 3(3A) provides for the effect of the Advocates (Amendment) Act, 1977 on the Chainman and vice-Chairman of the State bar councils.

(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.

According to Section 3(4), an advocate can be disqualified from voting at an election of state bar council or BCI as per the rules framed by BCI in the view of Section 49 of Advocates Act 1961.

(5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.

Section 3(5) provides for the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964.

(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.

Section 3(6) provides for the representation of elected members in State Bar Councils constituted before the commencement of the Advocates (Amendment) Act, 1973.

Further Section 8 of the Advocates Act 1961 provides for the term of the office of the members of the state bar councils. The section is as follows:

8. Term of office of members of State Bar Council.―The term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election:

Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months.

Thus as per Section 8

a) Term of office of an elected member of a state bar council is five years.

b) In certain conditions mentioned in Section 54 of the Act the term of office of an elected member may be different.

c) The period of five years is counted from the date of publication of the result of the election in which such member contested.

d) If in certain circumstances bar council fail to conduct the election of members before the expiry of the term, then the term can be extended for six months by recording reasons in writing.

In certain conditions term of office of an elected member is depending on Section 54 of the Act, which reads as follows:

54. Term of office of members of first State Bar Councils.―Notwithstanding anything contained in this Act, the term of office of the elected members of a State Bar Council constituted for the first time, shall be two years from the date of the first meeting of the Council:

Provided that such members shall continue to hold office until the State Bar Council is reconstituted in accordance with the provisions of this Act.

Section 54 provides for the term of office of elected members of a Bar Council constituted newly, and such term of office is 2 years from the first meeting of the council.

So this is all about the membership of a state bar council.

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.

Thanks for reading till the end. Please share this with all legal professionals.

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Sunday, 5 December 2021

Functions of Bar Councils as per Sections 6 and 7

 

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

Functions of Bar Councils:

Introduction:

Advocates’ Act 1961 governs the legal profession in India and for the association purpose of all the legal practitioners the Act provides for the constitution of the Bar Council of India and State Bar Councils across the territory of India. There are about 21 State Bar Councils in India that are working for the betterment of advocates in their respective jurisdictions.

S R Das committee i.e. All India Bar Committee headed by S R Das through the report of March 1953 proposed for the creation of a bar council for each state and an all India bar council as an apex body. It was suggested that the all-India bar council would regulate the legal profession and set the standard of legal education.

The State Bar Councils are statutory bodies established under Section 3 of the Advocates Act, 1961. These are the statutory bodies for all the states and union territories of India. Also, Section 4 of the Act provides for the constitution of the Bar Council of India which is the apex statutory body of the Bar councils in India. All bar councils regulate the rules for the legal profession and education in their respective states and also act as the representatives of the advocates of that state, thereby acting in their interests.

As Bar Councils are established as per the provisions of Section 3 and Section 4 of Advocates’ Act, 1961; each Bar Council has to perform certain functions in their respective jurisdictions. They are elaborated in Sections 6 and 7 of the Act. Section 6 provides for the functions of a State Bar Council which state as follows:

6. Functions of State Bar Councils.―(1) The functions of a State Bar Council shall be―

(a) to admit persons as advocates on its roll;

(b) to prepare and maintain such roll;

(c) to entertain and determine cases of misconduct against advocates on its roll;

(d) to safeguard the rights, privileges and interests of advocates on its roll;

(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7;

(e) to promote and support law reform;

(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;

(eee) to organise legal aid to the poor in the prescribed manner;

(f) to manage and invest the funds of the Bar Council;

(g) to provide for the election of its members;

(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of

sub-section (1) of section 7;

(h) to perform all other functions conferred on it by or under this Act;

(i) to do all other things necessary for discharging the aforesaid functions.

(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of—

(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf;

(c) establishing law libraries.

(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.

The functions given in the Section 6 has to be performed in the light of Section 7 of the Act which is as follows:

7. Functions of Bar Council of India.―

(1) The functions of the Bar Council of India shall be―

* * * * *

(b) to lay down standards of professional conduct and etiquette for advocates;

(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;

(d) to safeguard the rights, privileges and interests of advocates;

(e) to promote and support law reform;

(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;

(g) to exercise general supervision and control over State Bar Councils;

(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;

(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf;

(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;

(ib) to organise legal aid to the poor in the prescribed manner;

(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;]

(j) to manage and invest the funds of the Bar Council;

(k) to provide for the election of its members;

(l) to perform all other functions conferred on it by or under this Act;

(m) to do all other things necessary for discharging the aforesaid functions.

(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of—

(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf.

(c) establishing law libraries.

(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.

As bar councils are of two types: a) Bar Council of India and b) State Bar Council, the functions and responsibilities are more or less same for the both. Let’s have a look on the cooperation of the both for each function:

Function

Bar Council of India

State Bar Councils

Sec. 6(1)(a) to admit persons as advocates on its roll

Help to State Bar Councils by allotting funds for the same

It is the sole responsibility of State Bar Councils to enroll the law graduates from their jurisdictions.

Sec. 6(1)(b) to prepare and maintain such roll

Help to State Bar Councils by allotting funds for the same

It is the sole responsibility of State Bar Councils to enroll the law graduates from their jurisdictions.

Sec. 6(1)(c) to entertain and determine cases of misconduct against advocates on its roll

Frame rules of the disciplinary committee to perform such actions (Sec. 7(1)(c))

Must act according to the rules and regulations of the disciplinary committee and complete the required procedure in such matters. State bar councils may refer such matters to BCI in certain circumstances.

Sec. 6(1)(d) to safeguard the rights, privileges and interests of advocates on its roll.

Sec. 7(1)(d) to safeguard the rights, privileges and interests of advocates

The bar councils are established for the rights of the advocates hence it is necessary to safeguard the rights, privileges, and interests of advocates on the roll.

The bar councils are established for the rights of the advocates hence it is necessary to safeguard the rights, privileges and interests of advocates on the roll.

Sec. 6(1)(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes

Allot funds for such welfare schemes as mentioned in Sec. 6(2)(a) and 7(2)(a)

Implement such schemes for the welfare of the advocates in need and disabled as mentioned in Sec. 6(2)(a) and 7(2)(a)

Sec. 6(1)(e) to promote and support law reform

 

Sec. 7(1)(e) to promote and support law reform

Law reforms are necessary as the new developments in all the eras of life are taking place day by day. The Bar Council must arrange such programmes for the promotion and support of law reforms which are supporting natural justice. Guide state bar councils for the same.

Law reforms are necessary as the new developments in all the eras of life are taking place day by day. The Bar Council must arrange such programmes for the promotion and support of law reforms which are supporting natural justice. Conduct such promotion under the guidance of BCI

Sec. 6(1)(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals

and papers of legal interest

Sec. 7(1)(ia)

BCI may provide financial aid for such purpose for awareness of the law and for the academic development of the field. Also, BCI can conduct such seminars, talk shows and can publish law papers and journals on the national level.

State bar councils must organize programmes and conduct projects for such purposes for awareness of the law and for the academic development of the field. Such tasks must be performed at the state level.

Sec. 6(1)(eee) to organise legal aid to the poor in the prescribed manner

Sec. 7(1)(ib)

BCI can allot funds for such operations. And guide such projects as per the provisions of the Legal Service Authorities Act, 1987

State Bar Councils must organize such programmes in the guidance of BCI in the light of the Legal Service Authorities Act, 1987

Sec. 6(1)(f) to manage and invest the funds of the Bar Council

Sec. 7(1)(j)

BCI allots funds to State bar councils for performing various functions. Also, BCI has to manage its own funds and sustainably invest them so that all the functions can be performed.

State Bar Councils must manage such funds and bifurcate them to invest sustainably so that all the functions can be performed.

Sec. 6(1)(g) to provide for the election of its members

Sec. 7(1)(k)

BCI allots funds for this purpose to State Bar Councils.

Also, BCI allocates these funds for conducting elections for its members.

State Bar Councils allocate these funds for conducting elections for the members of the bar council as well as for the committee members of subordinate bar associations through the election.

Sec. 6(1)(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of

sub-section (1) of section 7

Guide the state bar councils for conducting such inspections of the universities giving law education

Must perform the inspection of universities giving law education at undergraduate, graduate, postgraduate and Ph.D. levels for the academic growth of the profession. Must follow the guiding principles of BCI.

Sec. 6(2)(a) and Sec. 7(2)(a) constitute one or more funds in the prescribed manner for the purpose of giving financial assistance to organise welfare schemes for the indigent, disabled or other Advocates

 

It is the responsibility of BCI to allot such funds and implement such schemes for all the advocates enrolled under any roll in the country who are needy or disabled. And perform such welfare work with help of state bar councils.

It is the responsibility of the state bar council to utilize such allotted funds by BCI and implement schemes for all the advocates enrolled under any roll in the country who are needy or disabled. And perform such welfare work with help of subordinate bar associations.

Sec. 6(2)(b) and Sec. 7(2)(b) constitute one or more funds in the prescribed manner for the purpose of giving legal aid or advice in accordance with the rules made in this behalf

It is the responsibility of BCI to allot such funds and implement such schemes for poor and weaker sections of society in light of Legal Service Authorities Act, 1987

It is the responsibility of state bar council to utilize such allotted funds by BCI and implement schemes for poor and weaker sections of society in light of Legal Service Authorities Act, 1987

Sec. 6(2)(c) and Sec. 7(2)(c) constitute one or more funds in the prescribed manner for the purpose of establishing law libraries

It is the responsibility of BCI to allot such funds and establish law libraries across the nation for the academic growth of the profession.

It is the responsibility of the state bar council to utilize such allotted funds by BCI and establish law libraries across its jurisdiction for the academic growth of the profession.

Sec. 6(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section

Not applicable

Sole responsibility of respective state bar council.

Sec. 7(1)(b) to lay down standards of professional conduct and etiquette for advocates 

It is the responsibility of BCI to frame such rules and regulations for professional conduct and etiquettes of the advocates.

State bar councils must spread awareness of such rules and regulations for professional conduct and the etiquettes of the advocates.

Sec. 7(1)(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council

It is the sole responsibility of BCI to frame a procedure of working of its disciplinary committee and the disciplinary committee of each State Bar Council so that the universal procedure is followed across India. All the matters are handled in a specific way as per this procedure.

Must act according to the rules and regulations of the disciplinary committee and complete the required procedure in such matters. State bar councils may refer such matters to BCI in certain circumstances.

Sec. 7(1)(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council

BCI must follow the procedure laid as per Sec. 7(1)(c) for this purpose and deal the matters referred to it by state bar councils for their disposal.

State bar council may refer matters before its disciplinary committee to BCI disciplinary committee in certain circumstances after fairly dealing with such matters as per Sec. 6(1)(c).

Sec. 7(1)(g) to exercise general supervision and control over State Bar Councils

BCI must conduct the supervision of the state bar councils are regular intervals.

State bar councils must co-operate such supervisions conducted by BCI.

Sec, 7(1)(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils

Bar councils are established for the growth of the legal profession. For this legal education is necessary and BCI should lay down standards for such legal education. Universities imparting law education and state bar councils can suggest such standards.

The State bar council can suggest the standard of legal education imparted by universities for the academic growth of the profession. Also, it is the responsibility of state bar councils to implement such standards in universities under their respective jurisdictions.

Sec. 7(1)(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf;

These inspections of universities are necessary to maintain the standard of the profession. BCI can direct state bar councils to conduct such inspections.

State bar councils must perform the inspections of universities with the guidance and directions of the BCI to maintain the standards of legal education imparted by the universities.

Sec. 7(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.

Sole responsibility of BCI

Not applicable.

So these are the functions and responsibilities of the BCI and state bar councils for the welfare and protection of advocates, academic growth of the profession, the spread of legal awareness, and promotion of legal knowledge to the date.

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.

Thanks for reading till the end. Please share this with all legal professionals.