CHANAKYA NATIONAL LAW UNIVERSITY

RESEARCH PROJECT ON PROFESSIONAL ETHICS:

ROLE OF BAR COUNCIL IN PRACTICING LAW
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SUBMITTED TO: - DR. ANSHUMAN

SUBMITTED BY:-DEEPAK KUMAR

1015, B.B.A., L.L.B (HONS.)

TABLE OF CONTENTS

1. INTRODUCTION
2. LEGAL PROFESSION
3. BAR COUNCIL AND ITS CONSTITUTION
4. ROLE OF BAR COUNCIL IN PRACTISING LAW
5. CONCLUSION AND SUGGESTIONS

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OBJECTIVE
The objective of the research is to provide information about the bar council and its scope, legal
practice, rules on professional standards.

HYPOTHESIS
The hypothesis of the researcher is that whether the Bar Council of India has effectively performed
its duty or not?

RESEARCH METHODOLOGY
The researcher has adopted doctrinal method of research to collect data about the given
topic. The researcher has used textbooks, website, online journals, case laws, etc

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 ACKNOWLEDGEMENT

I am feeling highly elated to work on the topic “ROLE OF BAR COUNCIL IN

PRACTICING LAW” under the guidance of my subject teacher “Dr.
Anshuman”. I am very grateful to his exemplary guidance. I would like to
enlighten my readers regarding this topic and hope that I have done my best to
pave the way for bringing more luminosity to this topic.

I want to thanks my friends because without their co-operation and

knowledge it would have been difficult for me to collect information for
this project. I also want to thanks our librarian who helped me in
collecting every relevant materials regarding to my topic available to me
at the time of my research work.

At last I am obliged to everybody who was part of my project and

helped me to make this project.

Deepak

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 1. INTRODUCTION
In March 1953, the 'All India Bar Committee', headed by S. R. Das, submitted a report which
proposed the creation of a bar council for each state and an all-India bar council as an apex body. 1
It was suggested that the all India bar council should regulate the legal profession and set the
standard of legal profession. The Law Commission of India was assigned the job of assembling a
report on judicial administration reforms. In 1961, the Advocates Act was introduced to
implement the recommendations made by the 'All India Bar Committee' and 'Law Commission'.
M. C. Setalvad and C. K. Daphtary were the first chairman and vice chairman respectively. In
1963, C. K. Daphtary became the Chairman and S. K. Ghose became the Vice Chairman.

The Supreme Court is the highest constitutional court and appellate judicial authority in India.
High Courts exercise jurisdiction over a state or a set of states. District courts and several other
lower courts operate under their ambit.

Thousands of lawyers graduate every year from almost 900 law colleges spread across the
country. The majority of India’s large legal profession represents clients in courts and other
judicial bodies, working either individually or in a family-run concern.
Today, several large law firms operate mostly from the major commercial centers, providing
advice on transactions. Many lawyers have also been employed by industry to work in-house.
Legal process outsourcing has also received a great amount of attention during the last few years.

1
http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/history/, accessed on 18th November 2017.
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 2. LEGAL PROFESSION

BCI is pioneer for structuring the Legal Profession in India as it exists today. The history of the
legal profession in India can be traced back to the establishment of the First British Court in
Bombay in 1672 by Governor Aungier.2 The admission of attorneys was placed in the hands of
the Governor-in-Council and not with the Court. Prior to the establishment of the Mayor’s Courts
in 1726 in Madras and Calcutta, there were no legal practitioners.

In 1791, Judges felt the need of experience, and thus the role of an attorney to protect the rights of
his client was upheld in each of the Mayor’s Courts. A second principle was also established the
right to dismiss an attorney guilty of misconduct. The first example of dismissal was recorded by
the Mayor’s Court at Madras which dismissed attorney Jones.

The Supreme Court of Judicature was established by a Royal Charter in 1774. 3 The Supreme
Court was established as there was dissatisfaction with the weaknesses of the Court of the Mayor.
The first barristers appeared in India after the opening of the Supreme Court in Calcutta in 1774.
As barristers began to come into the Courts on work as advocates, the attorneys gave up pleading
and worked as solicitors. Madras gained its first barrister in 1778 with Mr. Benjamin Sullivan.

Thus, the establishment of the Supreme Court brought recognition, wealth and prestige to the
legal profession. The charters empowered the Court to approve, admit and enroll advocates and
attorneys to plead and act on behalf of suitors. They also gave the Court the authority to remove
lawyers from the roll of the Court on reasonable cause and to prohibit practitioners not properly
admitted and enrolled from practicing in the Court. The Court maintained the right to admit
discipline and dismiss attorneys and barristers.

In contrast to the Courts in the presidency towns, the legal profession in the mofussil towns was
established, guided and controlled by legislation. In the Diwani Courts, legal practice was neither
recognized nor controlled, and practice was carried on by vakils and agents. Vakils had even been
2
http://www.barcouncilofindia.org/about/about-the-legal-profession/history-of-the-legal-profession/, accessed on 18th
November 2018
3
www.supremecourtofindia.nic.in/pdf/museum/m2.pdf, accessed on 18th November 2018
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 appearing in the Courts of the Nawabs and there were no laws concerning their qualification,
relationship to the Court, mode of procedure of ethics or practice.

Establishment of the High Courts

In 1862, the High Courts started by the Crown were established at Calcutta, Bombay and
Madras.4 Each of the High Courts was given the power to make rules for the qualifications of
proper persons, advocates, vakils and attorneys at Bar. There were six grades of legal practice in
India after the founding of the High Courts – a) Advocates, b) Attorneys (Solicitors), c) Vakils of
High Courts, d) Pleaders, e) Mukhtars, f) Revenue Agents.

The admission of vakils to practice before the High Court’s ended the monopoly that the
barristers had enjoyed in the Supreme Courts. It greatly extended the practice and prestige of the
Indian laws by giving them opportunities and privileges equal to those enjoyed for many years by
the English lawyers. Additional High Courts were established in Allahabad (1886), Patna (1916),
and Lahore (1919).

The Legal Practitioners Act of 1879 in fact brought all the six grades of the profession into one
system under the jurisdiction of the High Courts.5

In order to be a vakil, the candidate had to study at a college or university, master the use of
English and pass a vakil’s examination. By 1940, a vakil was required to be a graduate with an
LL.B. from a university in India in addition to three other certified requirements that he had
passed in the examination, read in the chamber of a qualified lawyer and was of a good character.
In fact, Sir Sunder Lal, Jogendra Nath Chaudhary, Ram Prasad and Moti Lal Nehru were all
vakils who were raised to the rank of an Advocate.

However, in Madras the vakils started practice since 1866. In 1874, the barristers challenged their
right to do original side work. However, in 1916, this right was firmly established in favour of the
vakils. Similarly, vakils in Bombay and Calcutta could be promoted as advocates and become
qualified to work on the original side. By attending the appellate side and original side Courts
each for one year, a vakil of 10 years service in the Court was permitted to sit for the advocates’
examination.

4
https://en.wikipedia.org/wiki/Indian_High_Courts_Act_1861, accessed on 18th November 2018.
5
https://www.lawctopus.com/academike/history-legal-profession-india/, accessed on 18th November 2018.
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 3. BAR COUNCIL AND ITS CONSTITUTION

Indian Bar Councils Act, 1926.

The Indian Bar Councils Act, 1926 was passed to unify the various grades of legal practice and to
provide self-government to the Bars attached to various Courts.6 The Act required that each High
Court must constitute a Bar Council made up of the Advocate General, four men nominated by
the High Court of whom two should be Judges and ten elected from among the advocates of the
Bar. The duties of the Bar Council were to decide all matters concerning legal profession,
qualification for enrolment, discipline and control of the profession. It was favourable to the
advocates as it gave them authority previously held by the judiciary to regulate the membership
and discipline of their profession.

The Advocates Act, 1961 was a step to further this very initiative. As a result of the Advocates
Act, admission, practice, ethics, privileges, regulations, discipline and improvement of the
profession as well as law reform are now significantly in the hands of the profession itself.

Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament, introduced on April 12, 1951, a
comprehensive bill to amend the India Bar Councils Act.

In August 1951, the then Minister of Law announced to set up a Committee of Inquiry to go into
the problem in detail. This All India Bar Committee was headed by the Hon’ble Shri S. R. Das,
Judge, and Supreme Court of India which submitted its detailed report on March 30, 1953. 7 The
report contained the proposals for constituting a Bar Council for each state and an All-India Bar
Council at the national level as the apex body for regulating the legal profession as well as to
supervise the standard of legal profession in India. To implement the recommendations of the All-
India Bar Committee and taking into account the Law Commission’s recommendations relating to
the legal profession, a comprehensive Advocates Bill was introduced in the Parliament which
resulted in the Advocates Act, 1961.

Role Allocated to BCI under the Advocates Act 1961.

6
Rupa Chanda, Globalization of Legal Services and Regulatory Reforms, SAGE Publications, page 71.
7
Rupa Chanda, Globalization of Legal Services and Regulatory Reforms, SAGE Publications, page 73.
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 Under the Advocates Act, 1961 the role allocated to BCI was limited to promote legal education
and to lay down minimum standards necessary for those students who would ultimately enter the
legal profession to practice in the courts.

According to the Supreme Court in India, in O.N Mohindroo v. BCI8 and Bar Council of UP the
subject covered by the Advocates Act, 1961 is referable to Entries 77 and 78 in List I of Schedule
VII of the Constitution of India. These two entries deal, among others, with the subject: persons
entitled to practice before the Supreme Court (Entry 77) and persons entitled to practice before
the High Court (Entry 78).

Constitution

The Bar Council of India consists of members elected from each State Bar Council, and the
Attorney General of India and the Solicitor General of India who are ex-officio members. The
term of office of a member of the Bar Council of India elected by the State Bar Council shall9—

(i) in the case of a member of a State Bar Council who holds office ex-officio, be two years from
the date of his election [or till he ceases to be a member of the State Bar Council, whichever is
earlier.

(ii) in any other case, be for the period for which he holds office as a member of the State Bar
Council:

Provided that every such member shall continue to hold office as a member of the Bar Council of
India until his successor is elected.

The Council elects its own Chairman and Vice-Chairman for a period of two years from amongst
its members.

All applicants for enrolment as advocates are required under Section 24 (1) (f) of the Advocates
Act, 1961 to pay an enrolment fee of Rs.600/- (Rupees Six hundred only) to the respective State
Bar Council and Rs.150/- (Rupees One hundred Fifty only) to the Bar Council of India. These
payments should be made using separate demand drafts.

8
1968 AIR 888
9
Section 10, The Advocates Act, 1961
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 4. ROLE OF BAR COUNCIL FOR PRACTICING LAW

Sec 7 provides functions of Bar Council of India. The Bar Council of India shall be—

(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

(ib) to organise legal aid to the poor in the prescribed manner;

(ic) 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;

2. The Bar Council of India may constitute one or more funds in the prescribed manner for the
purpose of-
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(a) giving financial assistance to organize welfare schemes for indigent, disabled or other advocates;

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

17. State Bar Councils to maintain roll of advocates. –

(1) Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered
the names and addresses of—
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar
Councils Act, 1926 (38 of 1926), immediately before the appointed day express an intention in
the prescribed manner to practise within the jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this
Act on or after the appointed day.
(2) Each such roll of advocates shall consist of two parts, the first part containing the names of
senior advocates and the second part, the names of other advocates.
22. Certificate of enrolment.—(1) There shall be issued a certificate of enrolment in the prescribed
form by the State Bar Council to every person whose name is entered in the roll of advocates
maintained by it under this Act.
24A. Disqualification for enrolment.—(1) No person shall be admitted as an advocate on a State
roll—
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act,
1955 (22 of 1955);
(c) if he is dismissed or removed from employment or office under the State on any charge
involving moral turpitude.
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a
period of two years has elapsed since his [release or dismissal or, as the case may be, removal].
26A. Power to remove names from roll.—A State Bar Council may remove from the State roll
the name of any advocate who is dead or from whom a request has been received to that
effect.]
35. Punishment of advocates for misconduct.—(1) Where on receipt of a complaint or
otherwise a State Bar Council has reason to believe that any advocate on its roll has been
guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary
committee.

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 (1A) The State Bar Council may, either of its own motion or on application made to it by any
person interested, withdraw a proceeding pending before its disciplinary committee and direct
the inquiry to be made by any other disciplinary committee of that State Bar Council.
(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and
the Advocate-General an opportunity of being heard, may make any of the following orders,
namely:—
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
(4) Where an advocate is suspended from practice be debarred from practising in any court or
before any authority or person in India.
36. Disciplinary powers of Bar Council of India.—(1) Where on receipt of a complaint or
otherwise the Bar Council of India has reason to believe that any advocate 3[***] whose name
is not entered on any State roll has been guilty of professional or other misconduct, it shall
refer the case for disposal to its disciplinary committee.
(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar
Council of India may, withdraw for inquiry before itself any proceedings for disciplinary
action against any advocate pending before the disciplinary committee of any State Bar
Council and dispose of the same.
(4) In disposing of any proceedings under this section the disciplinary committee of the Bar
Council of India may make any order which the disciplinary committee of a State Bar Council
can make under sub-section (3) of section 35, and where any proceedings have been
withdrawn for inquiry the State Bar Council concerned shall give effect to any such order.
45. Penalty for persons illegally practising in courts and before other authorities.- Any
person who practises in any court or before any authority or person, in or before whom he is
not entitled to practise under the provisions of this Act, shall be punishable with imprisonment
for a term which may extend to six months.

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 Standards of Professional Conduct and Etiquette10

(Rules under Section 49 (1) (c) of the Act read with the Proviso thereto)

Preamble

An advocate shall, at all times, comport himself in a manner befitting his status as an officer of
the Court, a privileged member of the community, and a gentleman, bearing in mind that what
may be lawful and moral for a person who is not a member of the Bar, or for a member of the
Bar in his non-professional capacity may still be improper for an advocate.

Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly
uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned
both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and
etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a
denial of the existence of others equally imperative though not specifically mentioned.

Section I - Duty to the Court

1. An advocate shall, during the presentation of his case and while otherwise acting before a
court, conduct himself with dignity and self-respect. He shall not be servile and whenever there
is proper ground for serious complaint against a judicial officer, it shall be his right and duty to
submit his grievance to proper authorities.

2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the
dignity of the judicial office is essential for the survival of a free community.

3. An advocate shall not influence the decision of a court by any illegal or improper means.
Private communications with a judge relating to a pending case are forbidden.

4. An advocate shall use his best efforts to restrain and prevent his client from resorting to sharp
or unfair practices or from doing anything in relation to the court, opposing counsel or parties
which the advocates himself ought not to do. An advocate shall refuse to represent the client
who persists in such improper conduct. 5. An advocate shall appear in court at all times only in
the prescribed dress, and his appearance shall always be presentable.

6. An advocate shall not enter appearance, act, plead or practise in any way before a court,
Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is
related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first

10
The Bar Council of India Rules, Part IV, Chapter II.
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 cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-
in-law, brother-in-law daughter-in-law or sister-in-law.

7. An advocate shall not wear bands or gown in public places other than in courts except on such
ceremonial occasions and at such places as the Bar Council of India or the court may prescribe.

8. An advocate shall not appear in or before any court or tribunal or any other authority for or
against an organisation or an institution, society or corporation, if he is a member of the
Executive Committee of such organisation or institution or society or corporation. “Executive

Provided that this rule shall not apply to such a member appearing as “amicus curiae” or without
a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.

9. An Advocate should not act or plead in any matter in which he is himself pecuniarily
interested.

10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his client
required for the purpose of any legal proceedings.

Section II Duty to the Client

11. An advocate is bound to accept any brief in the Courts or Tribunals or before any other
authorities in or before which he proposes to practise at a fee consistent with his standing at the
Bar and the nature of the case. Special circumstances may justify his refusal to accept a
particular brief.

12. An advocate shall not ordinarily withdraw from engagements, once accepted, without
sufficient cause and unless reasonable and sufficient notices are given to the client. Upon his
withdrawal from a case, he shall refund such part of the fee as has not been earned.

13. An advocate should not accept a brief or appear in a case in which he has reason to believe
that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness
on a material question of fact, he should not continue to appear as an Advocate if he can retire
without jeopardising his client’s interests.

14. An advocate shall at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosure to his client relating to his connection with the
parties and any interest in or about the controversy as are likely to affect his client’s judgement
in either engaging him or continuing the engagement.

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 15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and
honourable means without regard to any unpleasant consequences to himself or any other.

16. An advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution
that it does not lead to conviction of the innocent. The suppression of material capable of
establishment the innocence of the accused shall be scrupulously avoided.

17. An advocate shall not, directly or indirectly, commit a breach of the obligations imposed by
Section 126 of the Indian Evidence Act.

18. An advocate shall not, at any time, be a party to fomenting of litigation.

19. An advocate shall not act on the instructions of any person other than his client or his
authorised agent.

20. An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share
the proceeds thereof.

21. An advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest
in any actionable claim. Nothing in this rule shall apply to stock, shares and debentures of
government securities, or to any instruments which are, for the time being, by law or custom,
negotiable or to any mercantile document of title to goods.

22. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in
any other name, for his own benefit or for the benefit of any other person, any property sold in
the execution of a decree or order in any suit, appeal or other proceeding in which he was in any
way professionally engaged.

22A. An advocate shall not directly or indirectly bid in court auction or acquire by way of sale,
gift, exchange or any other mode of transfer either in his own name or in any other name for his
own benefit or for the benefit of any other person any property which is subject matter of any
suit appeal or other proceedings in which he is in any way professionally engaged* .

23. An advocate shall not adjust fee payable to him by his client against his own personal liability
to the client, which liability does not arise in the course of his employment as an advocate.

24. An advocate shall not do anything whereby he abuses or takes advantage of the confidence
reposed in him by his client.

25. An advocate should keep accounts of the client’s money entrusted to him, and the accounts
should show the amounts received from the client or on his behalf, the expenses incurred for

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 him and the debits made on account of fees with respective dates and all other necessary
particulars.

26. Where moneys are received from or on account of a client, the entries in the accounts should
contain a reference as to whether the amounts have been received for fees or expenses and
during the course of the proceeding, no advocates shall, except with the consent in writing of the
client concerned, be at liberty to divert any portion of the expenses towards fees.

27. Where any amount is received or given to him on behalf of his client, the fact of such receipt
must be intimated to the client, as early as possible.

28. After the termination of the proceeding, the advocate shall be at liberty to appropriate towards
the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him
for expenses or any amount that has come into his hands in that proceeding.

29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any
moneys of the client remaining in his hands, at the termination of the proceeding for which he
had been engaged, the fee payable under the rules of the Court, in force for the time being, or by
then settled and the balance, if any, shall be refunded to the client.

30. A copy of the client’s account shall be furnished to him on demand provided the necessary
copying charge is paid.

31. An advocate shall not enter into arrangements whereby funds in his hands are converted into
loans.

32. An advocate shall not lend money to his client for the purpose of any action or legal
proceedings in which he is engaged by such client.

33. An advocate who has, at any time, advised in connection with the institution of a suit, appeal
or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the
opposite party.

Section III - Duty to Opponent

34. An advocate shall not in any way communicate or negotiate upon the subject matter of
controversy with any party represented by an advocate except through that advocate.

35. An advocate shall do his best to carry out all legitimate promises made to the opposite party
even though not reduced to writing or enforceable under the rules of the Court.

Section IV - Duty to Colleagues

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 36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by
circulars, advertisements, touts, personal communications, interviews not warranted by personal
relations, furnishing or inspiring newspaper comments or producing his photographs to be
published in connection with cases in which he has been engaged or concerned. His sign-board
or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should
not indicate that he is or has been President or Member of a Bar Council or of any Association
or that he has been associated with any person or organisation or with any particular cause or
matter or that he specialises in any particular type of worker or that he has been a Judge or an
Advocate General.

37. An advocate shall not permit his professional services or his name to be used in aid of, or to
make possible, the unauthorised practice of law by any law agency.

38. An advocate shall not accept a fee less than the fee taxable under rules when the client is able
to pay the same.

39. An advocate shall not enter appearance in any case in which there is already a vakalat or
memo of appearance filed by an advocate engaged for a party except with his consent; in case
such consent is not produced he shall apply to the Court stating reasons why the said consent
could not be produced and he shall appear only after obtaining the permission of the Court1.

40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council
a sum of Rs. 90/- every third year commencing from 1st April, 1993 along with a statement of
particulars as given in the form set out at the end of these Rules, the first payment to be made on
or before 1st April, 1993 or such extended time as notified by the Bar Council of India or the
concerned State Bar Council.

Explanation 1 : Statement of particulars as required by rule 40 in the form set out shall require to
be submitted only once in three years.

Explanation 2. All Advocates who are in actual practise and are not drawing salary or not in full
time service and not drawing salary from their respective employers are only required to pay the
amount referred to in this rule.

Explanation 3. This rule will be effective from 1-4-1994 and for period prior to this, advocates
will continue to be covered by old rule.

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 41. (1) All the sums so collected by the State Bar Council in accordance with Rule 40 shall be
credited in a separate fund known as “Bar Council of India Advocates Welfare Fund ” and shall
be deposited in the bank as provided hereunder.

42. If any advocate fails to pay the aforesaid sum within the prescribed time as provided under
rule 40, the Secretary of the State Bar Council shall issue to him a notice to show cause within a
month why his right to practice be not suspended. Provided that the order of suspension shall
cease to be in force when the advocate concerned pays the amount along with a late fee of Rs.
50/- and obtain a certificate in this behalf from the State Bar Council.

43. An Advocate who has been convicted of an offence mentioned under Section 24A of the
Advocates Act or has been declared insolvent or has taken full time service or part time service
or engages in business or any avocation inconsistent with his practising as an advocate or has
incurred any disqualification mentioned in the advocates Act or the rules made thereunder, shall
send a declaration to that effect to the respective State Bar Council in which the advocate is
enrolled, within ninety days from the date of such disqualification. If the advocate does not file
the said declaration or fails to show sufficient cause for not filing such declaration provided
therefor, the Committee constituted by the State Bar Council under rule 42 may pass orders
suspending the right of the advocate to practise.

44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within
a period of thirty days from the date of the order passed under Rules 42 and 43.

44A. (1) There shall be a Bar Council of India Advocates Welfare Committee, consisting of five
members elected from amongst the members of the Council. The term of the members of the
committee shall be co-extensive with their term in Bar Council of India.*

(2) (i) Every State Council shall have an Advocates Welfare Committee known as Bar Council
of India Advocates Welfare Committee for the State.

(ii) The Committee shall consist of member Bar Council of India from the State concerned
who shall be the Ex-Officio Chairman of the Committee and two members elected from
amongst the members.

(iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secretary of
the Committee.

(iv) The term of the member, Bar Council of India in the Committee shall be co-extensive
with his term in the Bar Council of India.

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 (v) The term of the members elected from the State Bar Council shall be two years.

(vi) Two members of the Committee will form a quorum of any meeting of the Committee.

(3) Every State Bar Council shall open an account in the name of the Bar Council of India
Welfare Committee for the State, in any nationalised Bank,

(4) No amount shall be withdrawn from the Bank unless that cheque is signed by the Chairman of
the Welfare Committee and its Secretary.

(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Council of
India through Advocates Welfare Committee as constituted under sub-clause (2) (i). The State
Bar Councils may suggest suitable modifications in the Welfare Schemes or suggest more
schemes, but such modifications or such suggested schemes shall have effect only after approval
by the Bar Council of India.

(6) The State Bar Council shall maintain separate account in respect of the Advocate Welfare
Fund which shall be audited annually along with other accounts of the State Bar Council and
send the same along with Auditors Report to the Bar Council of India.

44B. The Bar Council of India shall utilise the funds received under Rule 41(2) in accordance
with the schemes which may be framed from time to time.**

Section V-Duty in imparting training

45. It is improper for an advocate to demand or accept fees or any premium from any person as a
consideration for imparting training in law under the rules prescribed by State Bar Council to
enable such person to qualify for enrolment under the Advocates Act, 1961.

Section VI-Duty to Render Legal Aid

46. Every advocate shall in the practice of the profession of law bear in mind that any one
genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it
fully or adequately and that within the limits of an Advocate’s economic condition, free legal
assistance to the indigent and oppressed is one of the highest obligations an advocate owes to
society.

Section VII-Restriction on other Employments

47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a
firm doing business provided that in the opinion of the appropriate State Bar Council, the nature
of the business is not inconsistent with the dignity of the profession.

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 48. An advocate may be Director or Chairman of the Board of Directors of a Company with or
without any ordinarily sitting fee, provided none of his duties are of an executive character. An
advocate shall not be a Managing Director or a Secretary of any Company.

49. An advocate shall not be a full-time salaried employee of any person, government, firm,
corporation or concern, so long as he continues to practise, and shall, on taking up any such
employment, intimate the fact to the Bar Council on whose roll his name appears and shall
thereupon cease to practise as an advocate so long as he continues in such employment.

50. An advocate who has inherited, or succeeded by survivorship to a family business may
continue it, but may not personally participate in the management thereof. He may continue to
hold a share with others in any business which has decended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof.

51. An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a
salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine
question papers; and subject to the rules against advertising and full-time employment, engage
in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

52. Nothing in these rules shall prevent an advocate from accepting after obtaining the consent of
the State Bar Council, part-time employment provided that in the opinion of the State Bar
Council, the nature of the employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession. This rule shall be subject to such directives if any
as may be issued by the Bar Council India from time to time.

5. Conclusion

In light of the concept behind the Advocates Act, 1961, as stated above, very limited powers
were conferred on the BCI. But, during the last few decades, in as much as there was no other
regulator to take care of emerging needs and trends, the BCI has been dealing with all aspects of
legal profession under Resolutions, Rules and Regulations instead of limiting itself to the
maintenance of minimum standards of legal profession for the purpose of entry into the bar.

In the last three decades, the BCI, by virtue of its Resolutions, Rules and Regulations, has taken
over the entire body of powers in relation to legal profession which is not the intention of the
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 Advocates Act, 1961. To conclude the role provided to the Bar Council of India by the
Advocates Act 1961 even though limited, it has been effectively fulfilled by Bar Council of
India.

BIBLIOGRAPHY
1. http://www.barcouncilofindia.org/about/about-the-legal-profession/history-of-the-legal-
profession/,
2. www.supremecourtofindia.nic.in/pdf/museum/m2.pdf,
3. https://en.wikipedia.org/wiki/Indian_High_Courts_Act_1861
4. https://www.lawctopus.com/academike/history-legal-profession-india/
5. Rupa Chanda, Globalization of Legal Services and Regulatory Reforms, SAGE Publications
6. The Advocates Act, 1961
7. The Bar Council Of India Rules

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