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Bar Council of India, History, Function, and Significance for UPSC Exams

The Bar Council of India is a statutory and regulatory body. Read on to learn about the Bar Council of India, its history, functions, and its significance.
authorImageDeeksha Dixit11 Jul, 2024
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Bar Council of India

Bar Council of India : You might have often heard about the ‘Bar Council of India’ in legal matters. It is an autonomous body, established under the Advocates Act of 1961. It was formed to regulate and represent legal education and practice in India.

The Bar Council of India plays a crucial role in the legal profession by laying down standards of professional conduct and etiquette for advocates. It also exercises disciplinary jurisdiction over the bar.  Over the years, it has overseen the legal profession in India ensuring integrity and competence. Learn more about it here.

About the Bar Council of India

The Bar Council of India (BCI) is a statutory body that was established by Parliament under the Advocates Act, 1961 to regulate and represent the Indian Bar. The BCI sets the standards for legal education, recognizes law degrees, ensures the maintenance of professional standards, promotes legal reform, and works to enhance the legal profession in India. The duties of the Indian Bar Council include protecting the rights, privileges, and interests of advocates, as well as providing legal aid to the poor.
Bar Council of India
Particulars Details
Established 1961
Act Advocates Act, 1961
Nature Statutory and Regulatory Body
Purpose Regulate legal practice and education in India
Headquarters New Delhi
Chairman Shri Manan Kumar Mishra
Composition
  • Ex-Officio Members: Attorney General of India, Solicitor General of India
  • Elected Members: Members elected from State Bar Councils including Chairman and Vice-Chairman
Nodal Ministry Ministry of Law and Justice

Bar Council of India - Historical Background

The Bar Council of India was formed following the recommendations of the All India Bar Committee (1953), led by Justice S. R. Das. The committee emphasized the need for a unified regulatory body for legal professionals. Later, Parliament passed the Advocates Act of 1961 to give statutory backing to the Bar Council of India.
History of Bar Council of India
Year Event
1951 A bill to amend the India Bar Councils Act was introduced in the Parliament.
1953 All India Bar Committee headed by S. R. Das submitted a report proposing the creation of a bar council for each state and an all-India bar council as an apex body.
1958 Law Commission recommended establishing an All India Bar Council and State Bar Councils
1961 The Advocates Act was introduced to implement the recommendations made by the committee and the Law Commission.
1961 The Bar Council of India was established under the Act, with M. C. Setalvad as the first chairman.

Also Read: UPSC Study Material

Functions of the Bar Council of India

The BCI performs a wide range of functions aimed at maintaining the standards and ethics of the legal profession. Some of the key functions of the Bar Council of India are as follows:
  • The BCI sets the standards for legal education in India, including the recognition of law degrees and the regulation of law colleges and universities.
  • The BCI is responsible for the enrollment of advocates in the country, ensuring that only qualified individuals are allowed to practice law.
  • The BCI is empowered to frame rules and regulations for the legal profession, including the Code of Conduct for Advocates.
  • The BCI exercises disciplinary jurisdiction over the bar. It has the power to suspend or disbar advocates found guilty of professional misconduct.
  • The BCI promotes legal education and provides legal aid to the poor to ensure that legal services are available to all.
  • The BCI represents Indian lawyers in international legal bodies and conferences.

Significance of the Bar Council of India

The Bar Council of India plays a crucial role in the legal system of India. Its significance can be understood in the following ways:
  • Upholding the Standards of the Legal Profession : By setting the standards for legal education and implementing disciplinary measures the BCI ensures the maintenance of high standards within the legal profession.
  • Protecting the Rights and Interests of Lawyers: The BCI acts as the voice of the lawyer community, advocating for their rights and addressing their concerns to the government and other stakeholders.
  • Promoting Law Reform: The BCI plays an active role in promoting and supporting law reform initiatives, contributing to the continuous improvement of the Indian legal system.
  • Legal Aid: By providing legal aid to the underprivileged, the BCI ensures that justice is accessible to all.
Click Here to Read More About the Bar Council of India To learn about legal reform in India, enroll in the best courses offered by PW OnlyIAS. Join now!
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Bar Council of India FAQs

What is the role of the Bar Council of India?

The Bar Council of India regulates legal education and professional standards for lawyers in India.

Which ministry oversees the Bar Council of India?

The Bar Council of India is under the Ministry of Law and Justice.

Is the Bar Council of India a Constitutional body?

No, the Bar Council of India is a statutory body established under the Advocates Act, 1961.

Who are the Ex-Officio members of the BCl?

The Ex-Officio members of the BCI include the Attorney General of India and the Solicitor General of India.

Which exam is conducted by the BCI?

The All India Bar Examination (AIBE) is the exam conducted by the BCI.
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