Lok Sabha Question No. 169 (STARRED), answered on 2015-12-10
Subject: Bar Council of India
Ministry: LAW AND JUSTICE
Asked by: BHAIRON PRASAD MISHRA

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA

## STARRED QUESTION NO. 169 TO BE ANSWERED ON 10.12.2015

## Bar Council of India

## 169. SHRI BHAIRON PRASAD MISHRA:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Advocate Act, 1961, envisages setting up of Bar Council of India (BCI) in the country;
- (b) if so, the details of objectives, functions and responsibilities assigned to BCI;
- (c) the extent to which BCI has been successful in achieving its objectives; and
- (d) whether BCI plays any role or contributes in the smooth functioning of the courts and if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

- (a) to (d) A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) OF THE LOK SABHA STARRED QUESTION NO. 169 TO BE ANSWERED ON 10.12.2015

- (a)  Yes Madam. The Bar Council of India is set up under section 4(1) of the Advocates Act, 1961 (25 of 1961).
- (b) The Bar Council of India (BCI) is a statutory body created by the Parliament with the object to regulate and represent the Indian Bar. The BCI performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the Bar. The BCI also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate.

In addition, the 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.

As per Section 7 of the Advocates Act, 1961, the functions of the Bar Council of India are as follows:-

## Section 7(1) - The functions of the Bar Council of India shall be -

- (a)………
- (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];
- (i  a)  to  conduct  seminars  and  organize talks  on  legal  topics  by  eminent  jurists  and  publish journals and papers of legal interest;
- (i b) to organise legal aid to the poor in the prescribed manner;
- (i c) 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.

## Section 7 (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  indegent,  disabled  or  other advocates;

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

(c) establishing law libraries.

Section 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.

(c) The Bar Council of India has successfully been achieving its objectives in the country. Apart from enrolment of advocates, it has implemented Bar Council of India Certificate and Place of Practice  (Verification)  Rules,  2015.  The  BCI  has  also  framed  the  Rules  to  curb  the  frequent strikes/call  of  boycotts  by  the  lawyers  and  it  has  suspended  about  25  lawyers  from  practice  in Tamil Nadu where the unruly advocates had indulged in strikes. So far as the standard of legal education is concerned, the Bar Council of India has made the Rules of Legal Education, 2008.

(d) The role of BCI is pivotal in smooth functioning of the courts. Without a noble and strong Bar, the  litigants  cannot  expect  justice.  The  BCI  has  also  framed  Rules  for  curbing  the  uncalled boycotts/strikes and to remove the disgruntled elements, non practicing and unruly advocates from the court premises. Even the Supreme Court of India has appreciated the aforementioned role for verification  of  Certificate  and  Place  of  practice  of  advocates  and  whenever  there  is  any disturbance in the court premises, the Bar Council of India takes appropriate steps.

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