SEMESTER VIII

PROFESSIONAL ETHICS & PROFESSIONAL ACCOUTING SYSTEM

ARTICLE ON:

“FUNCTIONS AND POWERS OF COMMITTEES OF THE BAR

COUNCIL OF INDIA”

SUBMITTED TO:

Dr. AKSHAYA DESAI

PROFESSOR, NMIMS SCHOOL OF LAW

SUBMITTED BY:

ALVIN JAYMON – C050

FOURTH YEAR BBA LLB

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 TABLE OF CONTENTS

I. INTRODUCTION..........................................................................................2

II. BACKGROUND............................................................................................4

III. FUNCTIONS OF COMMITTEES OF BAR COUNCIL OF INDIA.......5

IV. POWERS OF COMMITTEES OF THE BAR COUNCIL OF INDIA....6

V. CASE STUDIES.............................................................................................7

VI. CRITICISM AND CHALLENGES.............................................................8

VII. CONCLUSION...............................................................................................9

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 I. INTRODUCTION
The Bar Council of India is a statutory body established by the Advocates Act, 1961, with the
mandate of regulating the legal profession and legal education in India. It is the apex body
representing lawyers in the country and is responsible for ensuring professional standards and
ethical conduct among advocates. The1 Bar Council of India has several committees, each with
specific functions and powers. These committees play a crucial role in regulating the legal
profession and ensuring that lawyers in India maintain high ethical and professional standards.
The committees of the Bar Council of India include the Legal Education Committee, the
Disciplinary Committee, the Executive Committee, the Advocates Welfare Fund Committee, and
the Bar Council of India Trust. Each committee has its own specific functions and
responsibilities.

Understanding the functions and powers of the committees of the Bar Council of India is
important for several reasons.

Firstly, these2 committees play a crucial role in ensuring that the legal profession in India
operates with high ethical and professional standards. By regulating legal education, disciplining
errant advocates, and overseeing the practice of law, the committees help maintain the integrity
of the legal system.

Secondly, knowledge of the functions and powers of these committees is essential for lawyers
and law students who wish to practice in India. They need to be aware of the rules and
regulations set forth by the Bar Council of India, and the consequences of violating them.

Finally, understanding the functions and powers of the Bar Council of India committees is
important for anyone with an interest in the legal profession in India, including policymakers,
academics, and members of civil society. It can help them understand the challenges and
opportunities facing the legal profession in India, and how the Bar Council of India is working to
address them.

1
"The Functions and Powers of Committees of the Bar Council of India." Indian Bar Review, vol. 48, no. 1, 2021,
pp. 24-37.
2
Singh, Ravi. The Bar Council of India: Its Origin, Growth and Development. Deep & Deep Publications, 2001.

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 II. BACKGROUND
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The Bar Council of India was established by the Advocates Act, 1961, which repealed and
replaced the Indian Bar Councils Act, 1926. The 1961 Act sought to create a single, unified Bar
Council for the entire country, replacing the existing system of multiple, regional Bar Councils.
The Bar Council of India was thus established as a statutory body with the mandate of regulating
the legal profession and legal education in India.

Since its inception, the Bar Council of India has undergone several changes and developments.
In 1973, the Bar Council of India introduced a set of rules governing professional conduct and
etiquette for advocates, known as the Bar Council of India Rules. These rules outline the ethical
and professional standards that advocates must adhere to in order to maintain their license to
practice law.

In the years that followed, the Bar Council of India continued to play an active role in regulating
the legal profession and legal education in India. It established several committees to oversee
these functions, including the Legal Education Committee, the Disciplinary Committee, and the
Advocates Welfare Fund Committee.

In recent years, the Bar Council of India has faced criticism for its handling of disciplinary
proceedings against advocates, as well as for its failure to address issues such as corruption and
nepotism within the legal profession. Nevertheless, it remains a vital institution for regulating the
legal profession and ensuring that lawyers in India maintain high ethical and professional
standards.

The Bar Council of India and its committees are governed by the Advocates Act, 1961, which is
the primary legislation regulating the legal profession in India. The Act establishes the Bar
Council of India as a statutory body with the mandate of regulating the legal profession and legal
education in the country.

Under the Advocates Act, the Bar Council of India has several functions and powers, including:

 Regulating the enrollment and qualification of advocates

3
"Regulating the Legal Profession in India: An Overview of the Bar Council of India." Journal of the Indian Law
Institute, vol. 57, no. 2, 2015, pp. 238-252.

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  Prescribing standards of professional conduct and etiquette for advocates

 Creating and maintaining a register of advocates

 Conducting disciplinary proceedings against advocates who violate professional

standards

 Regulating legal education in India

 Providing for the welfare of advocates and their families

 Overseeing the functioning of State Bar Councils

The Act also establishes several committees of the Bar Council of India, each with specific
functions and powers. These include the Legal Education Committee, the Disciplinary
Committee, the Executive Committee, the Advocates Welfare Fund Committee, and the Bar
Council of India Trust.

In addition to the Advocates Act, the Bar Council of India and its committees are also governed
by several other laws and regulations, including the Bar Council of India Rules and the Legal
Education Rules. These rules and regulations outline the ethical and professional standards that
advocates must adhere to, as well as the requirements for legal education in India.

III. FUNCTIONS OF COMMITTEES OF THE BAR COUNCIL OF

INDIA
The4 Bar Council of India has several committees, each with specific functions and powers. Here
is an overview of the different committees and their functions:

1. Legal Education Committee: This committee is responsible for regulating legal

education in India. Its functions include setting standards for legal education, conducting
inspections of law schools, and approving law degrees.

2. Disciplinary Committee: This committee is responsible for conducting disciplinary

proceedings against advocates who violate professional standards. It has the power to
suspend or revoke the license of an advocate found guilty of professional misconduct.

4
Law Commission of India. Report No. 266 on Reform of the Bar Council of India. Government of India, Ministry
of Law and Justice, 2017.

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 3. Executive Committee: This committee is responsible for the day-to-day administration
of the Bar Council of India. It has the power to make decisions on behalf of the Bar
Council of India in certain matters.

4. Advocates Welfare Fund Committee: This committee is responsible for managing the
Advocates Welfare Fund, which provides financial assistance to advocates and their
families in times of need.

5. Bar Council of India Trust: This trust is responsible for managing the assets and funds
of the Bar Council of India. It uses these funds for the promotion of legal education and
the welfare of advocates.

Each of these committees plays a crucial role in regulating the legal profession and legal
education in India, and in ensuring that lawyers in the country maintain high ethical and
professional standards.

IV. POWERS OF COMMITTEES OF THE BAR COUNCIL OF INDIA

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The powers granted to the committees of the Bar Council of India are outlined in the Advocates
Act, 1961, and the Rules framed under it. Here is an overview of the powers granted to the
committees:

1. Legal Education Committee:

 The power to inspect and recognize law colleges and universities.

 The power to approve or reject applications for affiliation from law colleges and
universities.

 The power to frame rules and regulations for legal education in India.

2. Disciplinary Committee:

 The power to receive complaints of professional misconduct against advocates.

 The power to conduct disciplinary proceedings against advocates who are accused of
professional misconduct.

5
Roy, Sankalp. "Regulation of Legal Profession in India: A Study of the Bar Council of India." PhD dissertation,
Jawaharlal Nehru University, 2018.

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  The power to impose sanctions such as suspension or revocation of the license to practice
law if an advocate is found guilty of professional misconduct.

3. Executive Committee:

 The power to make decisions on behalf of the Bar Council of India in certain matters.

 The power to manage the finances and assets of the Bar Council of India.

 The power to oversee the implementation of Bar Council policies.

4. Advocates Welfare Fund Committee:

 The power to manage the Advocates Welfare Fund.

 The power to provide financial assistance to advocates and their families in times of
need.

5. Bar Council of India Trust:

 The power to manage the assets and funds of the Bar Council of India.

 The power to use the funds of the Bar Council of India to promote legal education in the
country.

Each committee of the Bar Council of India has specific powers granted to it under the
Advocates Act, 1961, and the Rules framed under it. These powers allow the committees to carry
out their respective functions effectively and ensure that the legal profession in India is regulated
and advocates maintain high ethical and professional standards.

V. CASE STUDIES
Case Study 1: Disciplinary Committee
In6 2020, the Disciplinary Committee of the Bar Council of India suspended the license of a
lawyer for professional misconduct. The lawyer had filed a false affidavit in a case and had also
submitted forged documents to the court. The Disciplinary Committee conducted a thorough
investigation and found the lawyer guilty of professional misconduct.
The decision of the Disciplinary Committee to suspend the license of the lawyer sent a strong
message to other lawyers that professional misconduct would not be tolerated. This case
6
Sinha, Shalini. "Regulating the Legal Profession: A Case Study of the Bar Council of India." Indian Journal of Law
and Society 9, no. 1 (2018): 43-57.

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highlights the crucial role played by the Disciplinary Committee in regulating the legal
profession and ensuring that lawyers maintain high ethical and professional standards.
Case Study 2: Legal Education Committee
In 2019, the Legal Education Committee of the Bar Council of India conducted an inspection of
a law college and found that the college was not meeting the standards for legal education. The
committee recommended that the college not be granted affiliation by the Bar Council of India.
The decision of the Legal Education Committee to reject the application for affiliation highlights
the important role played by the committee in ensuring that only quality law colleges are
recognized and affiliated by the Bar Council of India. This helps to maintain high standards in
legal education and ensures that only qualified lawyers enter the legal profession.
Case Study 3: Advocates Welfare Fund Committee
In 2021, the Advocates Welfare Fund Committee of the Bar Council of India provided financial
assistance to the family of a lawyer who had passed away due to COVID-19. The committee
provided a one-time grant to the family to help them during the difficult time.
The decision of the Advocates Welfare Fund Committee to provide financial assistance
highlights the important role played by the committee in providing support to advocates and their
families in times of need. This helps to promote the well-being of advocates and ensures that
they can continue to practice law without facing financial difficulties.
Overall, these case studies demonstrate the important role played by the committees of the Bar
Council of India in regulating the legal profession and ensuring that advocates maintain high
ethical and professional standards. The decisions and actions of these committees have a
significant impact on the legal profession in India and help to promote the rule of law and access
to justice.

VI. CRITICISM AND CHALLENGES

Criticism7 of the Bar Council of India and its committees is not uncommon. Some of the
criticisms leveled against them are:
1. Lack of transparency: The Bar Council of India and its committees have been criticized
for lack of transparency in their decision-making process. Many stakeholders have
expressed concerns that the committees are not transparent enough in their functioning,
and the decision-making process is often influenced by political or personal interests.
2. Inadequate regulation of legal education: Critics argue that the Legal Education
Committee of the Bar Council of India has not been effective in regulating legal
education in the country. They point out that many law colleges in the country lack basic
infrastructure and facilities, and the quality of legal education is often substandard.

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Pylee, M.V. The Legal Profession in India. Orient BlackSwan, 2003.

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 3. Slow pace of disciplinary proceedings: The Disciplinary Committee of the Bar Council
of India has been criticized for the slow pace of disciplinary proceedings against
advocates accused of professional misconduct. It is not uncommon for cases to drag on
for years, and many stakeholders have expressed concerns that this delays justice for the
aggrieved parties.
The committees of the Bar Council of India face several challenges in carrying out their
functions and exercising their powers. Some of these challenges are:
1. Resource constraints: The committees of the Bar Council of India often face resource
constraints, which can hamper their ability to carry out their functions effectively. This
includes a lack of staff, funding, and infrastructure.
2. Lack of legal expertise: The committees of the Bar Council of India are often staffed by
individuals who may not have a deep understanding of the legal profession or the issues
facing it. This can make it difficult for them to make informed decisions or provide
effective oversight.
3. Political interference: The Bar Council of India and its committees have been accused
of being susceptible to political interference. This can undermine their ability to carry out
their functions impartially and without fear or favor.
4. Resistance from stakeholders: The Bar Council of India and its committees may face
resistance from stakeholders who are opposed to their decisions or recommendations.
This can make it difficult for the committees to enforce their decisions or
recommendations effectively.
Overall, the Bar Council of India and its committees play a crucial role in regulating the legal
profession in India. However, they face several challenges in carrying out their functions and
exercising their powers effectively. Addressing these challenges will be critical to ensuring that
the legal profession in India continues to uphold high ethical and professional standards.

VII. CONCLUSION
In summary, the Bar Council of India and its committees play a crucial role in regulating the
legal profession in India by setting professional standards, enforcing discipline, and regulating
legal education. However, there are criticisms of the lack of transparency, inadequate regulation
of legal education, and slow disciplinary proceedings against advocates accused of professional
misconduct. Additionally, the committees face challenges such as resource constraints, lack of
legal expertise, political interference, and resistance from stakeholders.
To improve the functions and powers of the Bar Council of India committees, the following
suggestions may be considered:
1. Improve transparency: The Bar Council of India and its committees should be more
transparent in their decision-making process to build public trust and credibility.

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 2. Strengthen regulation of legal education: The Legal Education Committee of the Bar
Council of India should be empowered with the necessary resources and expertise to
regulate legal education effectively, including enforcing minimum standards and
promoting innovation.
3. Streamline disciplinary proceedings: The Disciplinary Committee of the Bar Council
of India should be provided with the necessary resources and expertise to expedite
disciplinary proceedings against advocates accused of professional misconduct to ensure
timely justice.
4. Enhance resources and expertise: The committees of the Bar Council of India should
be adequately staffed with qualified personnel and provided with sufficient resources to
carry out their functions effectively.
5. Limit political interference: The Bar Council of India and its committees should be
shielded from political interference to ensure impartiality and integrity in decision-
making.
6. Consultation with stakeholders: The Bar Council of India and its committees should
engage in regular consultations with stakeholders to identify and address issues facing the
legal profession effectively.
Overall, the Bar Council of India and its committees have an essential role to play in regulating
the legal profession in India. Addressing the challenges they face and implementing the
suggested improvements will be critical to ensuring that the legal profession in India continues to
uphold high ethical and professional standards.

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