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BCI AND THE DEVELOPMENT OF LEGAL EDUCATION

CLINICAL-III

Faculty of Law, Jamia Millia Islamia

BCI and the development of Legal Education.


Report

CLINICAL COURSE- III (Professional Ethics, Lawyering and Bar-Bench


Relations)

Submitted By:

Name- MOHD AQIB


Student ID: 20177556
B.A.LL.B. (IXth Semester) (Self Finance)

Submitted to: Office of Dean, Faculty of Law, Jamia Millia Islamia, New
Delhi

(30.11.2021)
BCI AND THE DEVELOPMENT OF LEGAL EDUCATION

CLINICAL-III

ACKNOWLEDGMENT

I owe many thanks to a great many people who helped and supported me during the making of this
report, especially given the circumstances in which it was written. My deepest thanks to my
Professor of Clinical-III (Professional Ethics, Lawyering and Bar-Bench Relations), Prof.
Rajesh Sharda sir, for guiding me, patiently addressing my queries, and supporting me every
step of the way. I’m thankful that I got the opportunity to work on this report and gain a lot of
insight and information in the process. I would like to thank my Institution and the faculty
members without whom this report would have been a distant reality. I would also like to extend
my heartfeltthanks to my family for their unconditional support.

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LIST OF ABBREVIATIONS

BCI Bar Council of India

S. Section

Ss. Sub-section

SC Supreme Court

HC High Court

Cl. Clause

v. Versus

AIBE All India Bar Examination

BCIT Bar Council of India Trust.

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LIST OF CASES

1. Ex-Captain Harish Uppal v. Union of India, (2003) 2 SCC 45.

2. Raveendranath Naik v. Bar Council of India, 2007 SCC OnLine Kar 51.

3. Indian Council of Legal Aid and Advice v. Bar Council of India, AIR 1995 SC 691.

4. V. Sudeer v. Bar Council of India, AIR 1999 SC 1167.

5. State of Punjab v. Ram Singh, AIR 1992 SC 2188.

6. Nortanmal Chauaisia v. M. R. Murli, 12 2004 AIR SCW 2894.

7. P1, AIR 1963 SC 1313.

8. Harish Uppal v. Union of India, 2003 AIR, SCW 43.

9. D. Saibaba v. Bar Council of India, AIR 2003 SC 2502.

10. Bar Council of U.P v. State of U.P., (1973) 1 SCC 261.

11. O.N Mohindroo v. BCI, AIR 1968 SC 888.

12. Bar Council of UP, AIR 1973 SC 231.

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CONTENT

Headings Page No.

Introduction 6

A Historical Context 7

Bar Council of India under the 10


Advocates Act, 1961

Powers and Functions of the Bar 13


Council of India

Committees of the Bar Council of 32


India

The Role of BCI in the Development 38


of Legal Education in India

Conclusion and Suggestions 48

Bibliography 49

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INTRODUCTION

The topic of the present report is “BCI AND THE DEVELOPMENT OF LEGAL
EDUCATION” The Bar Council of India, since its inception, has dealt with crucial matters that
contribute in the smooth functioning of the Indian Legal System, along with legal education in
India. Time and again, the Courts, advocates and law students alike have sought the intervention
of the Bar Council of India in taking a stance or necessary action, in accordance with what the
situation demands. This report will critically analyse the crucial powers and responsibilities that
the Bar Council of India has been entrusted with, that have a significant impact on the legal system
in India, and how the statutory body has fared so far in following through with its primary
responsibilities, with the help of a few case studies. It will also look at the contribution of the Bar
Council of India in the growth of legal education in India and will examine the functionsof the Bar
Council of India towards improving the quality of legal education in the country. The report
concludes with some reflection on the career opportunities and the challenges which the legal
system faces and the possible reforms in the Indian legal education system

METHODOLOGY

This report follows an analytical approach throughout in its study. I have critically analysed both
qualitative and quantitative data for the observations, claims, and arguments made in this report.
Due to the pandemic, the sources through which I have collected data for this study have been
limited and primarily Web-based, with most corroborations from individual studies and material
obtained through remote access.

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INTRODUCTION:

Legal Education is essentially a multi-disciplined, multi-purpose education which can develop the
human resources and idealism needed to strengthen the legal system. A lawyer, a product of such
education would be able to contribute to national development and social change in a much more
constructive manner.

The Bar Council of India, as has already been suggested, amended Part IV of the Rules containing
the education rules. The new rules have been aimed to upgrade the standard of legal education in
all levels comparable to what is available in Law Schools of advanced countries yet retaining the
operational need of the legal system of the country. Under the old Rules, both Unitary and Double
Degree Integrated Law Courses were available but there was no provision for or against the
facility of honours /specialization. The New Rules allowed Universities/Law Schools the liberty
to introduce honours/specialization courses. Presently some of the Institutions use the word -
LL.B. (Hons.) in the degree certificate though in the content of the course nothing is found
different from - LL.B. course run by other Universities.

The Curriculum Development Committee (CDC) provides for suggestive structural designs for
legal education for a range of situations from small institutions which may not command big
resources especially in a semi-urban area, to a very capital intensive modern and competitive legal
education. Presently 910 institutions run the following types of Law courses:

(i) Three Years LL.B. course for those who were already graduates in any subjects;

(ii) (ii) Five Years integrated B.A.LL.B/B.B.A.LLB/BSc. LL.B courses

(iii) (iii) Five Years B.A. LL.B (Hons)/ BSc. LL.B (Hons)/ B.B.A.LL.B (Hons) courses.
Private Universities are showing more romantic enterprises in blending courses but
often with very inadequate infrastructure and other resources.

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THE REAL VISION OF LEGAL EDUCATION:

An important role in the administration of justice is played by the Legal Profession. Lawyer helps
and assists the court to get the correct judgement. The lawyer gets the legal material which is
required to the judgement and submits it the court and gets a good judgement. Without the
assistance of a lawyer it was difficult to get to arrive at correct judgement. Justice P.N. Sapru has
stated that the “justification for the existence of counsel is that each.side to the controversy should
be in a position to present its case before an impartial tribunal in the best and most effective”
manner possible. Basically the law is very complicated. The language of the Bare Acts and
Regulations is often found to be the complicated and confusing and it is not easily understood.
The citizen of the country requires the advice of the advocates to understand the meanings in the
Acts and Regulations.

In the case of Madhav Singh1 the courts has observed that the purpose of the rendering the
assistance to the courts in the administration of justice but their also give the professional advice
for which there were entitled to be paid by those members of the public to whom their render the
professional advices. The lawyers are not the puppets compelled to obey the dictates of their
clients, where the matters and the honourable conduct are concerned with. There are responsible
for the fair and the honest conduct of the case. They are not agents to their clients, and not of man
who pays them but there are acting in the administration of justice. The lawyers play an important
role in the maintenance of peace and order in the society. The Peace and Order, are no, doubt
necessary to the very existence of the society.

Learned C.L. Anand, has rightly pointed out that the lawyers share with judges the responsibility
for maintaining order within the community. He further stated that rights and liberties are the
creation of law and are subjected to limitations imposed by law. Advocates are every day
defending the rights and liberties of the citizens against the violators of the law. The lawyers play
an important role in the reforms of any acts, regulations and legislations. Basing on their
experience gained in the daily application and interpretation of laws, lawyers are best aware of the

1
AIR 1923 Pat 185
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imperfections, in the legal system and which constitutes the most competent class of men to
advice on laws reform and to promote popular enthusiasm and greater support for it. Thus the
legal profession is profession with a great honour. It has been created not for the private gain but
for the public good. It is not a money making profession but a branch of administration of justice.
Since it is not a business, an advocate cannot solicit work or advertise either directly or indirectly.
An advocate is an officer of the court and required to maintain towards the court a respectful
attitude in mind the dignity of the judicial officer is essentially for the survival of the society.
While the teaching of black letter legal-doctrines is an important function of the law institute, it is
not the only function. What is needed beyond the teaching of doctrine and technique is a system
of legal training devised to aid the developing lawyer to acquire certain skills of thought, goal
thinking and scientific thinking. The student needs to clarify his moral values, social goals, he
needs to orient himself in past trends and future goals, he needs to acquire the scientific
knowledge and skills necessary to implement objectives within the context of contemporary
trends.

The law institutes must provide a realistic and comprehensive picture of the structure and
functions of society and will also be oriented towards the implementing of a consistent and
explicit set of democratic values. He will not only be lawyer for the future but also be a social
technician or social engineer. Legitimate aim of legal education is to seek to promote the major
values of democratic society and to reduce the number of immoral things.

In a democratic society there cannot be a complete answer as to what constitute preferred values,
unless some such values are chosen, carefully defined, explicitly made at the student’s students
focus of attention that the automatically applies them to every conceivable practical and
theoretical situation, all the talk of integrating law and social science, or of making law more
effective instrument of social is twaddling futility- the only conceivable purpose for developing an
interdisciplinary approach to legal education is to use the social sciences as a medium through
which to immerse the law student in certain values which are deemed to representative of the
values of democracy.

(I) Law Schools – A Way Out:- A bold and creative decision on the part of the Bar Council
of India, first to replace the three year LL.B. programme with an integrated five-year
LL.B. course and secondly to try out the scheme in a model law school (National Law
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School) sponsored by the BCI itself. The first initiative happened in 1982 and the second
in 1986. An organised attempt by the BCI with the assistance of the National Law School
to revamp the curriculum (1996), increasing the number of required subjects to be taught
and introducing an imaginative component of practical training (four courses for a total of
400 marks) to be completed at the law school in the final year. Introducing a yearlong
through a Supreme Court Judgment apprenticeship under a senior advocate as a pre-
requisite for enrolment as an advocate. Later, on the rule was struck down in V. Sudhir vs
Bar Council of India. After the introduction of National Law School, the admission in the
law course is done strictly on the basis of merit and only after 10+2 one can sit for this
examination. The Bar Council of India has laid down standards in terms of system,
classroom teaching, practical training and skills, court visits, moot court, legal aid work,
and other practical training programmes for law students. This has given a special impact
to Indian legal education. All the traditional law colleges suffer from the non-attending of
classes by the student. In this matter law schools are able to overcome this problem by
two way (1) these are mostly residential colleges and (2) colleges are very much strict
about attendance. To sit for the final examination everyone had to have a certain
percentage of attendance. The scheme of professional entry test is to be conducted by the
BCI for foreign law degree holders to be able to seek enrolment under the Indian
Advocates Act, 1961.

(II) Problems Arising Out of This Movement:- However, the pace of change towards
improving the quality of legal education was watered down by the very same Bar Council
through a series of compromises adopted in the course of the last two decades. These
include:

• Allowing the three-year LL.B. course to continue as before side by side with the
five year integrated programme;

• Not following the distinction between professional and liberal legal education in
categorizing the over 500 law teaching institutions for extending BCI jurisdiction;.

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• Inability to revive the pre-enrolment apprenticeship scheme or any other viable


alternative to ensure minimum professional competence on the part of fresh
entrants to the profession; there is need for an Minimum criteria to enter in a bar
otherwise it will turn in a mess. Bar counsel should make some regulation for the
coming law students. This can be an entrance test, and whoso ever will be able to
clear the test will be competent to enter in to the bar.

THE BAR COUNCIL OF INDIA - AN OVERVIEW

After the Constitution of India came into force on January 26, 1950, the Inter-University Board at
its annual meeting held in Madras, passed a resolution stressing the need for an all-India bar and
emphasising the desirability of having uniformly high standards for law examinations in different
Universities of the country in view of the fact that a Supreme Court of India had been established.

At its meeting held on October 1, 1950, the Bar Council of Madras adopted that resolution. Shri
Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April 12, 1951, a
comprehensive bill to amend the India Bar Councils Act. 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. The Committee was
constituted and asked to examine and report on:

1. The desirability and feasibility of a completely unified Bar for the whole of India,

2. The continuance or abolition of the dual system of counsel and solicitor (or agent) which
was prevelant in the Supreme court and in the Bombay and Calcutta High Courts,

3. The desirability and feasibility of establishing a single Bar Council for (1) the whole of
India and (2) for each State,

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4. The establishment of a separate Bar Council for the Supreme Court, 8 6. The consolidation
and revision of the various enactments (Central as well as State) relating to lawyers across the
country.

This All India Bar Committee was headed by the Hon’ble Shri S. R. Das, Judge, Supreme Court
of India. 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. 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.

As a result the Bar Council Of India was formed in the year 1961 under Section 4 of The
Advocates Act,1961 with M.C.Setalvad being it's first Chairman and C.K.Daphtary being its first
Vice-Chairman.

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POWERS AND FUNCTIONS OF THE BCI

Following are the statutory functions of the Bar Council of India under Section 7 (1) that cover the
Bar Council’s representative and regulatory mandate for the legal profession as well as for 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.

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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.

13. To provide for the election of its members.

14. To perform all other functions conferred on it by or under this Act.

15. To do all other things necessary for discharging the aforesaid functions.”4

➢ Section 7 (2) also empowers the Council to constitute one or more funds, as it may deem
necessary, in the manner prescribed, for the following purposes.
a) giving financial assistance to organise various welfare schemes for indigents,
disabled or other advocates.
b) providing legal aid or advise, in accordance with the rule made in respect of the
same.
c) for establishing law libraries.

➢ Under Section 7 (3), the Bar Council of India may receive any donations, grants, gifts or
benefactions for all/any of the purposes specified under Section 7 (2) which must be credited
to the appropriate fund/funds constituted under the relevant sub-section.

4
Section 7(1) of the Advocates Act, 1961.
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➢ Section 7-A of the Act, 1961, makes it amply clear by laying down that the Bar Council of
India may:

a) become a member of any international legal body, for instance, he International


Legal Aid Association or the International Bar Association, and
b) may also contribute such sums as it may think fit to such bodies it gains membership
of, by way of a subscription or even otherwise, and
c) may authorise expenditure in respect of the participation of its representatives in
any international legal seminar or conference.

But the even with the functions entrusted to the Council, time and again the Courts have stressed
the importance of these functions and the limitations that they come with.

In Ex-Captain Harish Uppal v. Union of India5, the court held that Section 7 provides in relation
to the functions of the Bar Council of India, but none of the functions of the Council mentioned
under Section 7 gives it the authority to paralyse the working of the Courts. Quite contrary to that,
the Council has been enjoined with a crucial duty to lay down the standards of professional conduct
as well as etiquettes to be observed by the advocates. Thus, no Bar Council can ever consider
giving out a call of strike or a call for boycott. In the case of any association calling for a strike or
boycott, the concerned State Bar Council of India has the responsibility to immediately take
disciplinary action against the advocates who give a call for a strike. It is the statutory duty of
every advocate to ignore a call of boycott or strike. In the present case, the Court made observations
on the powers of courts as well as the duty of the Bar Council or Bar Association in the matter of
lawyers’ strike. It was observed that lawyers have no right to go on strike or even token strike or
give a call for boycott. It was further observed that no Bar Council or Bar Association can permit
calling of meeting to consider such a call. Only in the rarest of rare cases involving the dignity,
integrity, and independence of the Bar or the Bench, courts may ignore a protest abstention from
work not exceeding one day.

5
(2003) 2 SCC 45.
1
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The advocates and courts have been at crossroads with the Council in numerous cases, and the
courts have further defined the limits of the powers and functions of the Council. For instance, in
the case of Raveendranath Naik v. Bar Council of India6, the court observed that the resolution
passed by the Bar Council India in the case, directing advocates not to participate in any
programme that has been organised by the Legal Services Authorities in any Lok Adalat or any
legal aid programme for that matter, was held to be illegal and void.

➢ Section 9 of the Act of 1961, empowers a Bar Council to appoint Disciplinary Committees. The
Council can constitute one or more disciplinary committees, each of which shall consist of
three persons of whom two must be persons that have been elected by the Council from amongst
its member and the other must be a person co-opted by the Council from amongst advocates.
The person so elected must possess the qualifications that have been specified in the proviso
to sub-section (2) of Section 3 of the Act, and such persons must not members of the Council.
As per the relevant provision, the senior most advocates amongst all of the members of the
Disciplinary Committee shall become the Chairman for the same.

➢ Similarly, Section 9-A of the Advocates Act, 1961, empowers a Bar Council to appoint one or
more Legal Aid Committees. Each such committee is must consist of such number of
members that do not exceed nine but are not less than five, as may be prescribed. The
qualifications of the members of such committees, the method of selection and their term of
office shall be conducted in such as may be prescribed.

➢ Section 10 makes a provision in respect of Constitution of Committees other than Disciplinary


Committees. Section 10(2) makes a provision regarding the constitution of

6
2007 SCC OnLine Kar 51.

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standing committees by the Bar Council of India. According to the sub-section, the Council
shall constitute the following standing committees:-

a) an Executive Committee, which shall consist of a total of nine members, elected by


the Council from amongst its members, and
b) a Legal Education Committee, which shall consist of a total of ten members, five
of whom shall be persons elected by the Council from amongst its members and
the rest five shall be those persons co-opted by the Council who are not members
thereof.

➢ Section 10-A of the Act provides that the Bar council of India shall meet at New Delhi or at
such other place as it may, for reasons to be recorded in writing, determine.

➢ Section 11 of the Advocates Act, empowers every Bar Council to appoint a secretary. It also
empowers the Council to appoint an accountant and such number of other persons as its staff,
as it may deem necessary. The secretary and the accountant must possess the requisite
qualifications as have been prescribed. It is mandatory for ever Bar Council to have a
secretary.

➢ Section 12 of the Advocates Act, 1961, lays down the provision regarding Audits and
Accounts as per which, every Bar Council is obligated to cause to be maintained such books
of account and other books in the form and in such manner, as has been prescribed. In
accordance with this provision, the account must be audited by only those auditors who are
duly qualified to act as auditors of companies as under the Companies Act, 1956, at such
times and in such manner as prescribed.

Sub-section (3) of Section 12 makes it amply clear that as soon as may be practicable, at the end
of each financial year, however not later than the 31st day of December of the year next following,

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a State Bar Council must send a copy of its accounts together along with a copy of the report of
the auditors thereon to the Bar Council of India. It shall also cause the same to be published in the
Official Gazette.
As per the provision in Sub-section (4) of Section 12, as soon as it may be practicable, at the end
of each financial year however not later than the 31st day of December of the year that follows
next, the Bar Council of India must duly send a copy of its accounts together, along with a copy
of the report of the auditors thereon, to the Central Government and it shall then, cause the same
to be published in the Official Gazette of India.

➢ Section 15 of the Act, 1961, is a provision related to the Power to make rules. Section 15
(1) empowers the Bar Council to make such rules under the provision as may be required
to carry out the purpose that has been laid down under Chapter II of the Advocates Act,
1961.

Sub-section (2) of the said provision of the Act provides that in particular and without
causing prejudice to the generality of the aforementioned powers, such rules made by the
Council may provide for the following:

(a) It may provide for the:

(i) election of the members of the Bar Council through the process of a secret ballot,
including the conditions subject to which people can exercise the right to vote by
postal ballot, and
(ii) the preparation and revision of the electoral rolls.
(iii)The manner in which the results of election are to be published shall also be
enumerated in such rules.

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(b) The manner of carrying out the election of the Chairman as well as the Vice-Chairman of
the Bar Council is to be enumerated in such rules.

(c) The manner and authority by which, doubts and disputes that may arise as to the validity
of an election to the Bar Council or to the office of the Chairman or Vice-Chairman must
be finally decided.

(d) Make such rules in respect of the filling of casual vacancies in the Bar Council.

(e) The rules shall enumerate the powers and the duties of the Chairman as well as the Vice-
Chairman of the Bar Council.

(f) The constitution of one or more funds by a Bar Council, for the purpose of providing
financial assistance or extending legal aid or advice that has been referred to under Section
6 (2) and Section 7(1) of the Advocates Act, 1961.

(g) Laying down of rules pertaining to:

(i) the organisation of legal aid and advice to the poor,


(ii) the constitution and function of committees and sub-committees for said purpose,
and
(iii)description of the proceedings in connection with which such legal aid or advice
may be given.

(h) Rules pertaining to:


(i) the summoning and holding of meetings of the Bar Council,
(ii) how the business is to be conducted there and
(iii) the total number of members that are necessary to constitute a quorum.

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(i) Rules in respect of the composition and subsequent functioning of any committee created
by the Bar Council. It must necessarily enumerate the terms of office of the members of
any such Committees created therewith.

(j) Rules regarding:


(i) the summoning as well as holding of meetings,
(ii) how the business of any such committee is to be conducted, and
(iii)what are the number of members necessary to constitute a quorum as required
therein.

(k) Rules to categorically establish the qualifications and the conditions pertaining to the
service of the secretary, the accountant, as well as other employees of the Bar Council.

(l) Rules for the maintenance of books of accounts, and other books by the Bar Council, as
mandated under Section 12 of the relevant Act.

(m)Rules for the appointment of auditors, their qualifications thereof, and the audit of the
accounts of the Bar Council, as mandated under Section 12 of the relevant Act.

(n) Rules for the management as well as investment of the funds of the Bar Council.

Sub-section (3) of Section 15 explicitly lays down that no rules which are made under this
section by a State Bar Council are to have any effect, unless such rules have been approved
by the Bar Council of India.

Section 18 of the relevant Act provides that any person whose name has been entered as an
advocate on the roll of any State Bar Council can make an application in the prescribed format, if

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he so wishes, to the Bar Council of India to get his name transferred from the roll of that particular
State Bar Council to that of any other State Bar Council.
Such power to transfer name from one state roll to another has been exclusively vested with the
Bar Council of India.
Upon the receipt of any such application the Bar Council of India shall make a direction that the
name of such person (applicant) shall, without the payment of any fee, be duly removed from the
roll of the aforementioned State Bar Council and be entered in the roll of the other State Bar
Council to which he wants to switch. The State Bar Councils are duty bound to comply with such
directions of the Bar Council of India.

However, the Bar Council holds with itself the power to reject the application for transfer of name
made by any person if:

(i) any such application for transfer has been made by a person against whom a disciplinary
proceeding is pending, or

(ii) where for any other reason it appears to the Council that such application for transfer has
not been made bona fide, and that therefore, the transfer should not be made.

However, before rejecting such application for transfer of name, the Bar Council of India must
give the person making the application an opportunity of making a representation in this behalf.

Sub-section (2) of Section 18 also makes it clear that where on an application made by an advocate
under Section 18 (1), his name is transferred from the roll of one State Bar Council to that of
another State Bar Council, such advocate shall retain the same seniority in the latter roll (roll to
which he transfers) to which he was entitled in the former roll.

➢ Section 49 of the Advocates Act, 1961 specifically confers on the Bar Council of India, the
General Power to Make Rules. According to the provision, the Bar Council of India is

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empowered to make such rules for discharging its functions under this relevant Act as it
may deem necessary. In particular, such rules may prescribe the following:

(a) Rules pertaining to:

(i) the conditions subject to which an advocate may become entitled to vote at
an election for a State Bar Council,
(ii) the necessary qualifications as well as disqualifications of the voters, and
(iii) may prescribe the manner in which an electoral roll of voters may be
prepared and revised by a State Bar Council.

(b) Rules in respect of the qualifications for the membership of a Bar Council as well
as the disqualification for such a membership.

(c) Rules relevant to the time within which, and the set manner in which effect may
be given to the Proviso to Section 3(2).

(d) Rules in connection with the manner in which the name of any advocate may be
prevented from being entered in more than one State-roll.

(e) Rules as to the manner in which to determine the seniority among advocates.

(f) Rules pertaining to the minimum qualifications that are required for admission in
to a course of degree in Law, in any recognised University.

(g) Rules in respect of the class or the category of persons that are entitled to be enrolled
as advocates.

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(h) Rules relevant to those conditions subject to which an advocate shall hold the right
to practice, and the enumerated circumstances under which a person shall be
deemed to practice as an advocate in a Court.

(i) Rules in connection with the form in which an application will be made for the
transfer of the name of an advocate from the electoral roll of one State to that of
another State.

(j) Rules as to the standards of professional conduct and etiquettes that must be
observed by the advocates.

(k) Rules laying down the standards of legal education that must be observed by the
Universities in India, as well as the inspection of such Universities for this purpose.

(l) Rules regarding the foreign qualifications required in law that is obtained by
persons other than the citizens of India, which shall then be recognised for the
purpose of admission as an advocate under the relevant Act.

(m)Rules pertaining to the procedure that is to be followed by the Disciplinary


Committee of a State Bar Council, as well as by that of its own Disciplinary
Committee (that of the Council).

(n) Rules enumerating the restrictions, in the matter of practice, to which the senior
advocates shall be subject.

(o) Rules enumerating the form of dresses or robes that are to be worn by the advocates,
having special regard to the climatic conditions, who may be appearing before any
Court or Tribunal.

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(p) Rules in respect of any fees which may be levied in respect of any matter falling
under the relevant Act.

(q) Rules laying down the general principles for the purpose of guidance of the State
Bar Councils, enumerating the manner in which directions that have been issued or
orders that have been made by the Bar Council of India may be enforced.

(r) Rules pertaining to any other matter which may be prescribed.

However, exceptions or limitations of such general powers of the Council have been given in the
Provisos of Section 49.

For instance, the rule-making powers of the Bar Council of India is subject to the approval of the
Chief Justice of India in the following matters:

(i) Rules in relation to the standards of professional conduct and etiquettes that are to be
observed by the advocates, and

(ii) Rules in relation to the form of dresses or robes that are to be worn by the advocates,
having regard to the climatic conditions, when appearing before any Court or Tribunal.

It is only after the Chief Justice of India approves to such rules, that they shall take effect.

Rules in relation to the foreign qualifications that are required in law to be obtained by persons
other than citizens of India, which shall be recognised for the purpose of acquiring admission as
an advocate under the relevant Act, shall only have effect if they have been approved by the Central
Government.

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Even the Courts, have time and again, interpreted the rule-making power of the Council, and in
doing so given shape to the limitations on the powers of the Bar Council of India.

For instance, in the case of Indian Council of Legal Aid and Advice v. Bar Council of India 7,
the Supreme Court of India has held that the rule debarring a person, who has completed the age
of forty-five years, to be enrolled as an advocate is completely unreasonable, arbitrary, and beyond
the powers of the Bar Council of India. And thus consequently, such rule was declared to be void.

Similarly, the Supreme Court, in the case of V. Sudeer v. Bar Council of India8, has observed
that the Bar Council can exercise its powers and frame rules for effectively discharging the
statutory functions it has been entrusted with, as laid down under the Advocates Act, 1961. It was
observed that none of the statutory functions under the said Act entitle the Bar Council to provide
for disability, disqualification, or any additional condition for enrolment. Thus, the rule which was
made by the Bar Council of India which laid down pre-enrolment training as necessary pre-
condition was declared ultra vires.

➢ Section 49-A that enumerates the power of the Central Government to make rules. This
provision empowers the Central Government to make rules for carrying out the purposes of
the Advocates Act, 1961, which includes making rules with respect to any matter for which
the Bar Council of India or any State Bar Council has the power to make rules. It has been
made amply clear that if any provision of a rule that has been made by a Bar Council is
repugnant to any provision of a rule that has been made by the Central Government under the
present section, then, the rule made by the Central Government under this section shall
prevail, and automatically, the repugnant rule made by the Bar Council shall, to the extent of
such repugnancy, be void.

7
AIR 1995 SC 691.
8
AIR 1999 SC 1167.
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As per the provision laid down under Section 20 of the Advocates Act, 1961, every advocate who
was entitled as of right to practice in the Supreme Court, immediately before the appointed day
and such advocate whose name is not entered in any State roll may, express his intention in the
prescribed form to the Bar Council of India, within the prescribed time, for his name to be entered
in the roll of a State Bar Council. Upon the receipt of such an application, the Bar Council of India
shall direct that the name of such advocate shall, be entered in the role of that State Bar Council,
without the payment of any fee.

The State Bar Council concerned is duty bound to comply with such directions of the Bar Council
of India. The entry so made in the State Roll, in the compliance with such direction of the Council,
shall be made in the respective order of seniority determined in accordance with the provisions of
Section 17(3). In a situation where an advocate omits or fails to express his intention within the
time limit that has been prescribed, his name shall be entered, in the roll of the State Bar Council
of Delhi, by default.

The provision under Section 19 of the Act, 1961, makes it categorically lays down that every State
Bar Council is obligated to send to the Bar Council of India, an authenticated copy of the roll of
advocates that has been prepared by it for the first time under the present Act. Thereafter, it must
intimate to the Bar Council of India of all alternations in such roll or in addition to, any such roll,
as soon as the same have been made.

SOME OTHER POWERS AND FUNCTIONS

(i) If the Bar Council of India is satisfied that any State Bar Council stands in need of funds
for the purpose of carrying out its functions under the Advocates Act, 1961, it may extend

12
2003 AIR, SCW 43.

3
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such financial assistance as it deems necessary or fit to that Bar Council by way of a grant
or even otherwise.

(ii) Where any country that has been specified by the Central Government in the Official
Gazette by a notification, in this behalf, prevents the citizens of India from practicing the
legal profession or subjects them to any kind of unfair discrimination in that particular
country, no subject of any such country shall be entitled to practice the legal profession in
India. The Bar Council of India may, subject to these provisions, prescribe the necessary
conditions, if any, subject to which the foreign qualifications in law that have been
obtained by persons other than the citizens of India, shall be recognised for the purpose of
acquiring admission as an advocate under the relevant Act.

(iii) The Bar Council of India may call for the record of any proceeding under the Advocates
Act, 1961, at any time, which has been duly disposed of by a State Bar Council or a
committee created thereof, and from which no appeal lies for purpose of satisfying itself
as to the legality or the propriety of such disposal and may pass such orders in relation to
it, as it may deem fit. It has been made amply clear that no order which is capable of
prejudicially affecting any person shall be passed under the provisions of the Act, without
giving the aggrieved person a reasonable opportunity of being heard.

(iv) The Bar Council of India or any of its committees therewith, except for the disciplinary
committee may, of its own motion (Suo Motu) or otherwise review any order within 60
days (sixty days) of the date of that order was passed by it under the Advocates Act, 1961.
In the case of D. Saibaba v. Bar Council of India13, the Supreme Court of India held that
so far as the commencement of the period of limitation for the filing of the review petition
is concerned, the expression "the date of that order" as it occurs under Section 48AA
(Review) has to be construed as meaning the date on which communication or knowledge
(actual or constructive) was made of the order to the concerned petitioner.

13
AIR 2003 SC 2502.
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(v) The law laid down under Section 48-B of the Act, 1961, gives to the Bar Council of India
the power to give directions to a State Bar Council or any committee thereof, to carry out
the proper and efficient discharge of the functions that have been assigned to it. The State
Bar Council or the committee so directed by the Council shall comply with such directions.
Where a State Bar Council is unable to carry out its functions for any reason, the Bar
Council of India may, without causing prejudice to the generality of the foregoing power,
give out such directions to the ex-officio member thereof, as it may consider it to be
necessary, and such directions shall take effect notwithstanding anything that is contained
in the rules that have made by the State Bar Council.

(vi) Under Section 48 of the Act, 1961, a provision has been laid down in respect of indemnity
against legal proceedings. It puts forward that, no suit or any other legal proceeding shall
be made against any Bar Council or any committee thereof, or a member of a Council or
any committee thereof for any act that has been done in good faith or was intended to be
done in pursuance of the provisions that have been laid down under the Advocates Act,
1961, or any rules made there under.

COMMITTEES OF THE BAR COUNCIL OF INDIA

Under the Advocates Act, 1961, the Bar Council of India has been empowered to create
committees for the purpose of efficiently carrying out its functions. The Council has various
committees that make recommendations to it in relation to its powers and functions, or whenever
the Council invokes the recommendations or the advice of such committees.

The election for the members of these committees takes place from amongst the members of the
Council itself. The Advocates Act, 1961, mandates the creation of a Disciplinary Committee under
Section 9 of the Act, an Executive Committee and a Legal Education Committee under Section
10. Under Chapter III of the Bar Council of India Rules, the Council has been empowered to
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constitute from amongst its members, one or more committees, in addition to those that have been
specified under the relevant Act. The Council is also capable of delegating its powers, functions
and duties to such committees. The term of the members of these committees appointed by the
Council has been enumerated under Chapter III of the Bar Council of India Rules. A different term
can be also specified at the time of election.

In order to understand how the Bar Council of India works in tandem with the committees
appointed by it, we must have a look the purpose and functioning of the committees.

➢ DISCIPLINARY COMMITTEES

The Bar Council of India is empowered by the law under Section 9 of the Advocates Act,
1961, to constitute one or more Disciplinary committees. As has been discussed earlier
under the power of the Council to appoint committees, each disciplinary committee is to
consist of three members from. The term of the members of the Disciplinary committee
shall be of three years. The Bar Council of India is empowered to hear applications for
revision made by persons against summary dismissal of their complaints made against
advocates for professional or other misconduct, by the State Bar Councils. The Appeals
made therein lie before the Bar Council of India against the orders made by the disciplinary
committees of these State Bar Councils. Every such appeal submitted is heard by these
disciplinary committees of the Council, which may make such an order as it deems fit, and
it shall include an order varying the punishment that is to be awarded by the disciplinary
committee of the State Bar Council.

➢ LEGAL EDUCATION COMMITTEE

The Legal Education Committee comprises of five members of the Bar Council of India,
and the rest five co-opted members are to represent the judiciary, the University Grants

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Commission, the Law Ministry, and the academia. The function of this committee is to
make recommendations to the Bar Council of India on all the matters related to the realm
of legal education in India. The Legal Education Committee elects its own Chairman from
amongst its members.

Following are the powers that the Legal Education Committee possesses:

(i) The power to make recommendations and suggestions to the Council for the
purpose of laying down the standards of legal education in the Universities of
India.

(ii) The power to make a visit as well as inspect the Universities, and to report the
results to the Bar Council of India.

(iii) The power to make recommendations to the Council in respect of the conditions
subject to which foreign qualification in law, that is obtained by persons other than
the citizens of India, may be recognised.

(iv) The power to make recommendations and suggestions to the Council for the
recognition of any degree in law of any University that comes within the territory
of India.

(v) The power to make recommendations pertaining to the discontinuance of the


recognition of any University that has already been made by the Council.

➢ EXECUTIVE COMMITTEE

The Executive Committee appointed by the Bar Council of India is the executive authority
of the Council. This committee is responsible for giving effect to the resolutions that are

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made by the Council. Chapter III of the Bar Council of India Rules lays down rules
pertaining to the Constitution, Functions and the Procedure of Committees of the Bar
Council of India.

As per the provision, the members of the Executive Committee shall be elected by a
procedure consisting of a secret ballot and shall be carried out in accordance with the terms
that have been laid down under Rule 12, of Chapter I, and Part II. The election of the
members of the Executive Committee takes place from amongst the members of the
Council. The committee elects its own Chairman as well as Vice-Chairman from amongst
its members.

Following are the powers that the Executive Committee possesses:

(i) Power to manage the funds of the Bar Council of India.

(ii) Power to invest these funds of the Council, in the manner as the Council directs
from time to time.

(iii)Power to grant leave to the members of the staff, or grant other than casual leave
to the staff.

(iv) Power to prescribe registers, books of account and files for the proper and efficient
management of the affairs of the Bar Council of India.

(v) Power to appoint as well as supervise the work of the staff members, and to
prescribe their conditions of their service.

(vi) Power to appoint auditors as well as to fix their remuneration.

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(vii) Power to take into consideration the annual audit report and to place said report
before the Council, with its comments for the consideration of the Council.

(viii) Power to maintain and update a library, and to publish any journal, pamphlets or
treatise on legal subjects, under the directions of the Council.

(ix) Power to prepare and duly place before the Council, the annual administration
report as well as the statement of account.

(x) Power to provide for proper annual inspection of the office and its registers.

(xi) Power to authorise the Secretary to incur expenditure within the limits that have
been prescribed.

(xii) Power to fix travelling as well as other allowances to the members of the
committees of the Bar Council of India, and that of its staff members.

(xiii) Power to delegate any of the aforementioned powers of the committee, to the
Chairman and/or the Vice-Chairman of the committee.

(xiv) Power to do all other such things that are necessary for the discharging the
aforesaid functions of the committee.

Some other Committees that are constituted by the Bar Council of India and are entrusted with
important powers and duties are also given below.

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THE ADVOCATE WELFARE COMMITTEE


The Advocates Welfare Committee constituted by the Council under the Act of 1961, looks into
applications that are made by advocates through different State Bar Councils concerning the
welfare funds. This committee then verifies the applications so made and allocates the necessary
funds.

The Advocates Welfare committee has been provided necessary powers and functions under the
Advocates Welfare Fund Act of 2001. As per the provision, the State Bar Council is obligated to
pay to the fund annually, an amount that is equal to 20% (or twenty per cent) of the enrolment fee
that is received by it from the advocates under Clause (f) of Section 24 of the Advocates Act, 1961.
The election of the members of the Advocates Welfare Committee is done from amongst the
members of the Bar Council of India itself. The term of each of the members in this committee is
that of two years.

THE LEGAL AID COMMITTE

Provision regarding the constitution of the Legal Aid Committees has been made under Section
9A of the Advocates Act, 1961. Legal aid as in the present context implies the giving of free legal
services to the poor and to the needy who cannot afford to avail the services of a lawyer for the
conduct of a case or for a legal proceeding in any court, tribunal or before a certain authority.

Some of the services that are offered by the Legal Services Authority are as follows:

(i) The payment of court fees and other process fee.

(ii) The charges required in preparing, drafting as well as filing of any legal proceedings.

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(iii) The charges of a legal practitioner or that of a legal advisor.

(iv) The costs to be incurred in obtaining decrees, orders, judgments, or any other documents
that are important in a legal proceeding.

(v) The costs involved in paper work, including the cost of printing, translation, and other such
services.

There are other committees like the Building Committee that is responsible for setting up offices
of the Bar Council of India, as well as the Rules Committee that reviews the rules and the
regulations of the Council.

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THE ROLE OF BAR COUNCIL OF INDIA IN THE DEVELOPMENT OF


LEGAL EDUCATION IN INDIA

Bar Council of India has played a very crucial role in expanding legal education in India. The
Council has structured the entire Legal Education System and given it the shape and form in which
it exists today. The Bar Council of India has amalgamated a plethora of Law colleges just in the
past few years, in consistent with the data provided in the Law Ministry’s 2014-2015 annual report.
of 244 pages.

The Council’s co-member Legal Education Committee (LEC), which scrutinize law colleges and
recommend to the BCI if the scrutinized college are eligible for Affiliation, of issued acquiescence
of affiliation to 92 new colleges to the report analysed. BCI being the pillar of support towards
Legal education, boldly decided to initiate and sponsor five years integrated course from three
years course in national law college Bangalore, India. The outstanding success of these National
Law Schools (NLUs) that led to the establishment of more such schools akin to the Bangalore
Model. Today there are 23 National Law Schools within the country. This achievement has made
a significantly great and special impact on legal education system in India.

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LEGAL EDUCATION UNDER THE ADVOCATES ACT, 1961

The Advocates Act of 1961 was brought into force by the Parliament of India by the integrity of
the powers laid down under List I of the Constitution of India. This Act demands BCI to boost the
standards of legal education in India as well as to promote it. As per the law laid down under
Section 49 of Advocates Act, 1961, the Bar Council of India structured the Bar Council of India
Rules, 1965, Chapter VI of which exclusively intervenes with the minimum standards of legal
education in India, which was further amended with the primary aim to improve the standards of
legal education.

In the matter of Bar Council of U.P v. State of U.P.,14 the Supreme Court was of the view that
Section 4 of the Advocates Acts, 1961, which prescribes that the Bar Council of India has been
constituted, is an enactment made pursuant to Entries 77 and 78 of Schedule VII, that is, it deals
with the subject matter of '...Persons entitled to practice...'. Bar Council of India is regarded as
professional body which is vested with the obligation to meet and uphold the standards to be
observed by the members of the Council. In consonance with the various State Bar Councils, the
Bar Council of India holds an obligation concerning all the matters which relate to ethics,
regulations, discipline, admission and development of the profession.

The responsibility of Bar Council of India has not been confined or cramped to meet the
professional standards alone, but this responsibility also stretches its branches to a regulatory
character vis-à-vis legal education, which was observed as early as in 1958, by the 14th Report of
the Law Commission of India.

14
(1973) 1 SCC 261.

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According to the Supreme Court in India, in O.N Mohindroo v. BCI15 and Bar Council of UP16
the subject-matter covered by the Advocates Act, 1961 is preferable to Entries 77 and 78 in List I
of Schedule VII of the Constitution of India. These two entries deal, among others, with the
subject: persons entitled to practice before the Supreme Court (Entry 77) and the persons who are
entitled to practice before the High Court (Entry 78). Under section 7(1) (h) of the Advocates Act,
the BCI has been entrusted, as stated above, with a limited role of “promoting legal education and
laying down practice”.

Section 7(1) (h) of the Act requires the BCI to “consult the concerned Universities for the aim of
laying down these standards in legal education”. Section 7(1) (i) of the Act enables the Bar Council
of India to grant recognition to Universities whose law degrees will prove to be of sufficient
qualification for the purpose of enrolment as an advocate. The Council, may for this purpose, make
a visit and inspect the concerned Universities whose degrees in law may be recognized for the
purpose of enrolment of law graduates as lawyers. Similar power is conferred by Section 6(1) (gg)
of the Act on the State Bar Councils in regard to inspection. Section A of Part IV of the Rules
made by the BCI deals with the five years course. Section B deals with the three years course and
Section C deals with inspection.

15
AIR 1968 SC 888.

16
AIR 1973 SC 231.

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LEGAL EDUCATION AND FUNCTIONS OF THE BARCOUNCIL OF


INDIA

The function of the Bar Council of India, as enumerated under the Act of 1961 as well as the Rules
therewith, shall be—

a) To promote legal education in India and to lay down the standards of such education, in
consultation with the Universities of India that are imparting such education as well as the
State Bar Councils.

b) To recognize those Universities whose degree in law shall be a qualification for enrolment
as an advocate and for such purpose, to make a visit and inspect such Universities or cause
the State Bar Councils to make the visit and inspect such Universities, in accordance with
such directions as it may give in respect of the same.

The Bar Council of India, in order to achieve its statutory mandate, further entrenched three
supplementary organs. These are:

a) Legal Education Committee

As has been earlier discussed under the Committees established by the Bar Council of
India, this committee was established by the Bar Council of India under Section 10(2)(b)
of the Advocates Act, 1961, for the purpose of legal academia.

b) Bar Council Of India Trust

The Bar Council of India was introduced as a public welfare and charitable organization,
called as the Bar Council of India Trust, 1974. According to the norms, the purpose making
such an initiative is to maintain and uphold the standards and to effect improvements in
legal education and the legal profession, which also intends to establish Law Schools of
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excellence as well as to enhance legal research. Towards this end, the trust is mandated to
establish law schools of at par with excellence so envisioned and to promote legal research
too.

The Board of Trustees of the Bar Council of India Trust consists of the Chairman of the
Bar Council of India and four other trustees who are elected for a four-year term from
amongst the members of the Council. The trustees so elected further elect a Managing
Trustee and an Assistant Managing Trustee. The job of the Managing Trustee is to oversee
the day-to-day administration of this Trust through its Secretary.

The Trust is also active in other fields, for instance, in providing legal aid to the
disadvantaged sections of the society, publication of textbooks for students and law reports
and activities promoting welfare of the members of the Indian legal profession. For
example, the Trust assists the professional development of numerous deserving and
talented junior advocates through its placement scheme. The Trust also regularly selects
advocates under the scheme for conducting year-long training under experienced and
reputed legal professionals such as senior advocates and the members of Bar Council of
India, at the High Courts as well as the Supreme Court of India.

c) Directorate of Legal Education

A Directorate of Legal Education was established by the Bar Council of India in the year
2010, for the purpose of running, initiating, upholding, organizing as well as administering:

i. training for the teachers


ii. the certainty of Legal Education
iii. various advanced specialized professional courses for legal research
iv. workshop programs for those Indian students who are seeking registration from the
foreign university after completing their law degree by the Bar Council of India.

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NATIONAL MOOT COURT COMPETITION

The National Moot Court Competition of the Bar Council of India is organised under the aegis of
the the Bar Council of India Trust, and it has been promoting advocacy skills amongst the young
law students since its very inception. This eagerly anticipated event is organised by the Trust in
association with an Indian University and it sees fierce competition from across the country
between teams from roughly 40 different Universities.

INDIAN BAR REVIEW

The Indian Bar Review is a quarterly journal of the Bar Council of India Trust which is rated very
highly among the top legal periodicals in the country. Since 1972, the Indian Bar Review has
informed and educated the judiciary, students, lawyers, as well as academics about all the latest
trends, developments, scholarships and more in the field of legal education and law.

CONTINUING LEGAL EDUCATION

The Bar Council of India Trust is heavily invested in updating the knowledge and the skills of
practicing advocates and to promote specialisation in professional services. Workshops are
regularly organised in various parts of the country to assist advocates in developing their skills in
a variety of topics like advocacy, constitutional litigation, tort litigation, labour adjudication,
administrative law and adjudication and environmental laws. The Trust has also assembled some
high-quality reading materials on all these subjects.

ALL INDIA BAR EXAMINATION

On the 10th of April, 2010, the Bar Council of India resolved to conduct an All India Bar
Examination that tests an advocate’s ability to practice law. It is a necessary requisite for an
advocate to pass this examination in order to be able to practice law in India. This examination is
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held biannually, in April and November, and it tests advocates on the substantive and procedural
knowledge of law. It assesses the basic analytical capabilities as well as knowledge of law of the
lawyer. An advocate may appear for the examination any number of times. Once the advocate
passes this examination, he or she becomes entitled to a Certificate of Practice.

LEGAL EDUCATION IN INDIA: GLOBAL PERSPECTIVE

About fifty years ago the concept was that the law schools are meant to supply graduates who
would mostly come to the bar, while a couple of may enter law teaching. The Advocates Act, 1961
was enacted to realize the said objective, namely to prescribe minimum standards for entry into
professional practice 'in the courts' as stated above. But during this era and more particularly after
liberalization within the year 1991, the whole concept of legal education has changed.

Today, legal education has got to meet not only the wants of the bar and therefore the new needs
of trade, commerce and industry but also the wants of globalization. New subjects with
international dimensions have inherit legal education. there's also a huge need for non-practicing
law graduates in trade and commerce. it's also necessary to permit engineers, chartered
accountants, scientists and doctors to qualify in law for non-practicing purposes.

There is a requirement for a replacement regulatory mechanism which can cater to the above
mentioned present and future needs of the country. The BCI may in fact still affect the minimum
standards of Legal Education for the aim of entry into bar. Therefore, among the varied sort of
Legal Education, we will identify the sort which is important for those that practice law, the sort
which prepares them to become researchers and teachers, the sort which deals exclusively with
academic subjects of substantive law, the sort which deals with public legal education or Para legal
education, the sort which prepares law graduates to affect legal, regulatory and ethical issues in
active sectors of domestic and international business and industry, and eventually , the sort which
professionals in engineering, medicine, management and welfare work may require.

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BAR COUNCIL OF INDIA AND THE SETBACKS IN LEGAL


EDUCATION

Overtime, the pace of change towards improving the quality and standard of Legal Education was
watered down by the very same Bar Council of India that aims to promote legal education. Among
the various complaints, the Council has failed to improve the quality of Legal Education in the
remaining 749 law colleges in India apart from the National Law Schools. Further the Council has
not been able to maintain and uphold the same standards of legal education in all the National Law
Schools. Most of the National Law Schools in question are even due for second generation reforms.
We can say that these National Law Schools are already on a downward spiral and it’s imperative
that these excellent institutions are in the need to be preserved.

In the current day and age, the aim of legal education has seen a shift. The Bar Council of India
has failed to implement the new reforms and changes that are required in the field of Legal
Education. The Council is still fixated on the primitive view that the sole purpose of imparting
Legal Education is to generate a hoard of practicing lawyers. The aim of Legal Education, without
a doubt, should be to groom such lawyers who are comfortable and exceptionally skilled in dealing
with the differing legal systems and the nuances that follow with the advancement of time, and at
the same time, such lawyers who remain strong in one's own national legal system.

An immediate challenge before the Bar Council of India is to significantly up and improve the
quality of legal education in the vast majority of law schools in the country. A significant focus
should also be on developing the curriculum so that it meets the contemporary demands for legal
services, recruitment of competent and committed faculty, establishing research and training
centres, necessary financial support from the state, and creating necessary infrastructure, especially
a well-endowed library.

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POWER OVERREACH BY BAR COUNCIL OF INDIA

The Bar Council of India was only conferred with a limited set of powers but apparently it has
been exercising more powers under subordinate legislation. It appears that the Bar Council of India
is capable of being dethroned. In light of the concept and objective behind the Advocates Act,
1961, as stated above, only selective powers of a limited nature were conferred on the Council.
But, during the past few decades, in as much as there was no other regulator to take over in dealing
with the emerging needs and trends, the Council has been dealing with all aspects of legal
education under the Resolutions, Rules and Regulations, instead of limiting itself to the ensuring
the maintenance of minimum standards of legal education for the purpose of entry into the bar.
In the past three decades, the Council has, by virtue of its Resolutions, Rules and Regulations,
essentially taken over the entire body of powers in relation to legal education which is not he
intention of the Advocates Act, 1961.

The Council, infers its power to grant recognition to universities for the purpose of enrolment of
law graduates has also been dealing with inspections, affiliation or even disaffiliation of different
law colleges, granting them annual affiliation or permanent affiliation, and other such matters. The
Council has also been laying down conditions for the establishments of law schools, appointments
of faculty, buildings and a wide variety of other matters in which the faculty and other concerned
players have not been allowed to have any effective role or say. These powers were extended by
the Council the under Resolutions, Rules and Regulations, as has been stated above, though such
extensions are not permitted by the Advocates' Act 1961.

It is also submitted that while the statement of objects and reasons as well as the preamble of the
University Grants Commission Act, 1956 and the Indian Medical Council Act, 1956 refer to the
constitution of bodies for purpose of maintaining certain 'standards of education', there are no such
words that have been used in the Statement of Objects and Reasons or the Preamble of the

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Advocates Act 1961. The Act deals with minimum standards of legal education only in the context
of 'practice in courts'17.

To conclude, there are no general power to lay down the standards of Legal Education that must
be maintained, as all the purposes have ever been conferred on by the Advocates Act 1961.
Therefore, the rules/ resolutions/ circulars of the Council dated 2-7-96, 21-10-97, 23-9-98, 22-12-
98 etc., made by way of delegated legislation, taking over maintenance of standards, curriculum
qualifications for admission and for faculty and inspections for all purposes, is clearly outside the
scope and jurisdiction of the Bar Council of India.

17
State of MP v. Nivedita Jain AIR 1981 SC 2045; Premchand Jain v. R.K Chhabra AIR 1984 SC 981; Osmania
University Teachers Association v. State of A.P AIR 1987 SC 2034; University of Delhi v. Raj Singh AIR 1995 SC
336; Medical Council of India v. State of Karnataka AIR 1998 SC 2423; Dr. Preethi Srivastava and Another v. State
of M.P and Others AIR 1999 SC 2894.

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CONCLUSION AND SUGGESTIONS

The Bar Council of India features a lot of functions vested within it whereby, exercising those
functions, it can restructure and reframe the whole legal arena within the country. In fact, it is often
more predominantly envisaged that in certain times it has hardly contributed constructively
towards the improvement of law in India. There are certain loopholes within the legal arena in
India today which the Bar Council must scrutinize, so as to safeguard the law standard from
degradation and to take care of the same standards.

The Report of the National Knowledge Commission 2006 proposed create an Independent
Regulatory Authority for higher education (IRAHE) with several Standing Committees including
one for legal education. The Advocates Act 1961 would need to be amended accordingly.
The new standing committee on Legal Education would represent all the stakeholders. There
recommendations would be taken under consideration by the new regulator. In this particular
manner, the Legal Education would be revamped to fulfil the challenges of all sections of the
society within the next five decades.

There is also a renewed urgency to adopt a global-wide vision in terms of legal education that
meets with the urgency of the domestic needs in addition to that of globalisation. While the Indian
industry and businesses have expanded beyond the national boundaries into other continents and
while international business investments into India have come to remain, the majority of our law
schools operate in isolation and focus only on local needs and not even upon the requirements of
the country, including regional or international needs. This circumstance that has been created can
be tackled only by establishing an Independent Regulatory Mechanism with a global vision, which
is capable to see beyond the wants of “entry into the bar." Our Legal Education must help students
specialise in International Trade practices, Comparative Law, Conflict of Laws, International
Human Rights Law, Environmental Law, Gender Justice, Space Law, Bio Medical Law, Bio-
Ethics, International Advocacy etc., and they must also acquire general knowledge regarding
American, French, German, Chinese and Japanese Laws, and the laws of other countries.
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BIBLIOGRAPHY

• How Bar Council’s Elections Are Regulated, Astha Gupta, RGNLU - July 16, 2018.
• A Conceptual Framework Analysis of the Role of Bar Council of India In Burgeons of
Legal Education In India, Ms. Pavithra. P. and Dr. A.Sreelatha
• Bar Council of India And Its Role In Development Of Legal Education In India, Abhay
Chandravanshi (2017).
• Advocates Act, 1961
• Bar and Bench Relation, (http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac
b9de496f8751/Custom/P.E.%20UNIT_3.pdf.)
• Bar Council of India: Composition, Election, Power and Functions, Dr. Mohd. Junaid
• Bar Council of India and Committees, Riyanuddin
• Bar Council of India Rules on Professional Standards, barcouncilofindia.org
• Powerlessness of the BCI to Improve Standards of Legal Education, A K Avasthi, Journal
of Indian Law Institute (JILI).
• The Bar Council of India (BCI) - Law Education Regulations, and AIBE, Shipra Suman
(March 23, 2020).
• Functions of Bar Council of India; Enrolment as an advocate under Advocates Act,
Ramanuj
• Powers and Functions of State Bar Councils and the Bar Council of India, Sunit Shandilya
Kalinga, Institute of Industrial Technology.

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