Education

What Is The Role Of The Bar Council Of India In The Legal Profession?

What is the role of the Bar Council of India in the Legal Profession?

Things mentioned in the article are as follows;

  • Introduction

  • What is the Bar Council of India?

  • History of Bar Council of India

  • What is the Structure of the Bar Council of India?

  • What are the Functions of the Bar Council of India?

  • About All India Bar Examination

  • Conclusion

 

Introduction:

Every law student must know about the status and value of the Bar Council of India, in their legal profession as well as in the Indian Legal System. The Bar Council of India is a primary body for handling the legal education and the legal system of India. Law is the most powerful and effective tool for maintaining rules and regulations and peace in the country, the purpose of Law and legal education is to provide the most stable and well-regulated environment and laws to developing India. In order to accomplish this purpose, there is a requirement for excellent judges, lawyers, administrators, Public services etc, the BCI make sure that these professionals are competent and responsible.  Bar Council of India regulates the legal profession, and by clearing the AIBE exam conducted by BCI a lawyer can qualify as an Advocate. So let’s learn more about BCI and the role it plays in the legal profession.

 

What is the Bar Council of India?

Bar Council of India is a statutory body that regulates and represents the Indian Bar, created by the parliament of India. The Bar Council of India is a constitutional body which was established under Section 4 of the Advocate Act, 1961. The Bar Council of India serves regulatory functions by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets the standard for legal education and grants recognition to the universities whose degrees in law will serve as qualifications for enrolment as an advocate. Along with all these, it 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. 

History of Bar Council of India:

Post-independence after the Constitution of India was established on 26 January 1950, the Inter University at its annual meeting held in Madras, passed a resolution emphasizing the need for the All India Bar and the Significance of uniformly high standards for law exams in different universities of India. The Madras Provincials lawyers conferences in May 1950 resolved that the government of India should appoint a committee for the purpose of developing a scheme for an all India Bar and amending the Indian Bar council Acts to bring it in conformity with the Constitution of India. On April 12, 1951, a bill was introduced in Parliament to amend the Indian Bar Council Acts by Shri Syed Mohammed Ahmad Kazmi, a member of Parliament. After which the Ministry of Law announced that it is a serious matter and the government considers formulating a committee for enquiring this problem in detail. After the report was out, there was a recommendation that there should be the establishment of a state Bar in every state and an apex Bar to regulate the functioning of all the state Bars. On the basis of this recommendation, the Advocate Act 1961 was enacted.

Structure of the Bar Council of India

Bar Council of India consists of 18 members. The Attorney-General and Solicitor General of India are the ex officio members of the council. The other 16 members represent the 16 State Bar Councils. The Bar Council of India elects its own President and vice president among its member who stays in the council for a period of 2 years, the other members are elected for a limited period of 5 years. The Bar Council of India includes a number of different committees i.e, the Legal Education Committee, the Disciplinary Committee, the Executive Committee, Advocate Welfare Fund Committee, the Rules committee, and several other committees to look after different issues and problems.

Functions of the Bar Council of India

The regulatory and representative ruling of the Bar Council of India for the legal profession and legal education in India is reflected in statutory functions which are as follows;

  • To lay down the standards of professional conduct and etiquette for advocates.

  • To lay down procedures to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council.

  • To safeguard the rights, privileges and interests of advocates.

  • To promote and support law reforms

  • To deal with and dispose of any matter which may be referred to it by a State Bar Council.

  • 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.

  • To recognise the universities whose degrees in the law shall be a qualification for enrolment of 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. 

  • To conduct seminars and talks on legal topics by eminent Jurists and publish journals and papers of legal interest.

  • To organise legal aid for poor

  • To recognise on a reciprocal basis the foreign qualification in law obtained outside India for the purpose of admission as an advocate in India.

  • To handle and invest the funds of the Bar council

  • To provide for the election of its member who shall run the Bar Councils.

About All India Bar Examination:

Also known as the AIBE, it is an entrance exam conducted by the Bar Council of India, through which a lawyer or law professional gets enrolled in the Bar Council of India as an advocate after qualifying for this examination, and they get the certificate to practice. After becoming an advocate they are eligible to represent their clients and cases in court. This is one of the toughest exam and many law professionals and freshly graduated lawyers finds it difficult to qualify for AIBE. But now many legal learning platforms are providing online law certification courses which help law learners prepare for the examinations and get qualified as advocates.

Conclusion:

Bar Council of India plays an important role in the complete legal system, which includes the legal profession and legal education. It has a lot of functions, by which the BCI can restructure and reframe the entire legal system of the country. In spite of all the functions and conducts of the BCI, there are several loopholes in the legal system which is resulting in an increasing number of pending cases, in order to solve all the rising and existing issues in the Indian legal system, the Bar Council of India has to take some serious measures to maintain the law standard from degradation.