Bar Council of India (BCI) & State Bar Councils of India

Bar Council of India (BCI)

The Bar Council of India (BCI) is the apex statutory body governing advocates and legal education across the country. It was constituted under the Advocates Act, 1961, following the recommendations of the All India Bar Committee (1953) chaired by Justice S.R. Das.

Functions of BCI:

• Regulation of Profession: Frames rules of professional conduct and etiquette, ensuring discipline among advocates.
• Legal Education Oversight: Sets minimum standards for LL.B. courses, approves law colleges, and conducts inspections.
• All India Bar Examination (AIBE): Introduced in 2010, it tests the professional competence of law graduates before they begin practice.
• Advocates’ Welfare: Safeguards rights, privileges, and welfare schemes for practicing lawyers.
• Appellate Authority: Hears appeals against disciplinary orders passed by State Bar Councils.
• International Representation: Represents Indian lawyers in global forums like the International Bar Association.

In essence, the BCI serves as the national guardian of the legal profession, balancing the needs of lawyers, students, and society.

State Bar Councils of India

Under Section 3 of the Advocates Act, 1961, each state (or group of states/UTs) has a State Bar Council. These councils are independent statutory bodies functioning within their territorial limits but remain under the supervisory authority of the BCI.

Key Functions of State Bar Councils:

• Enrollment of Advocates: Fresh law graduates enroll here before becoming eligible to practice.
• Disciplinary Control: Handle cases of professional misconduct at the state level.
• Elections: Conduct elections for members who represent the state in the BCI.
• Welfare Activities: Provide financial aid, insurance, and welfare schemes for advocates.
• Coordination with Judiciary: Work with High Courts to maintain standards of advocacy.

List of State Bar Councils:

• Bar Council of Andhra Pradesh: Regulates advocates within Andhra Pradesh, handles disciplinary proceedings, and organizes welfare measures.
• Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh & Sikkim: Represents multiple northeastern states, providing a single regulatory body since 1961.
• Bar Council of Bihar: Constituted in 1961; oversees the legal profession in Bihar.
• Bar Council of Chhattisgarh: Regulates advocates in Chhattisgarh, though its establishment year is not specifically documented.
• Bar Council of Delhi: Established in 1961; one of the largest councils in India with over 1.65 lakh enrolled advocates.
• Bar Council of Gujarat: Constituted under the Advocates Act; supervises legal practice and legal education in Gujarat.
• Bar Council of Himachal Pradesh: Statutory body under the Advocates Act regulating Himachal’s advocates.
• Bar Council of Karnataka: Functions under the Act, handling enrollment, disciplinary cases, and welfare activities.
• Bar Council of Kerala: Ensures compliance with BCI rules in the state; plays a role in legal reforms and advocate welfare.
• Bar Council of Madhya Pradesh: Constituted per the Advocates Act; responsible for state-level enrollment and discipline.
• Bar Council of Maharashtra & Goa: Formed in 1961; covers Maharashtra, Goa, Dadra & Nagar Haveli, and Daman & Diu.
• Bar Council of Odisha: Statutory body regulating advocates in Odisha; oversees their discipline and welfare.
• Bar Council of Punjab & Haryana: Constituted in 1961; covers Punjab, Haryana, and Chandigarh.
• Bar Council of Rajasthan: Established in 1961; regulates the legal profession in Rajasthan.
• Bar Council of Tamil Nadu & Puducherry: Originally formed in 1928 as the Madras Bar Council; continues today under the Advocates Act.
• Bar Council of Telangana: Formed after bifurcation; regulates advocates within Telangana.
• Bar Council of Uttar Pradesh: Handles the country’s largest bar population; constituted under the Advocates Act.
• Bar Council of West Bengal: Regulates advocates in West Bengal and connected UTs.
• Bar Council of Union Territories: Certain UTs (e.g., Andaman & Nicobar Islands, Lakshadweep) fall under the jurisdiction of nearby State Bar Councils like Kerala or West Bengal.

Notes & Highlights

• The Advocates Act, 1961, provides for the establishment of a State Bar Council in every state and union territory.
• Exception: The Madras Bar Council (now Tamil Nadu & Puducherry) existed as early as 1928 under the Indian Bar Councils Act, 1926.
• Most State Councils came into being in 1961, immediately after the Act was enacted.

Conclusion

The Bar Council of India and the State Bar Councils together form the federal framework for regulating the legal profession in India. While the BCI ensures uniform standards and national-level coordination, State Bar Councils provide localized regulation, welfare, and discipline. This two-tier system ensures that the legal profession remains accountable, ethical, and responsive to the needs of justice.