Advocates Act and Bar Council

The essentials

Before 1961, India had many classes of legal practitioners such as pleaders, vakils, mukhtars and barristers. Following recommendations of the All India Bar Committee and the Law Commission, Parliament enacted the Advocates Act, 1961, which created a single class of practitioners known as advocates and set up a system of self-regulation through the Bar Council of India (BCI) and State Bar Councils.

Key points

• State Bar Councils: enrol advocates on their rolls, maintain the rolls, and decide cases of misconduct through disciplinary committees.
• Bar Council of India: lays down standards of professional conduct and etiquette, promotes legal education and sets its standards in consultation with universities, recognises law degrees for enrolment, and hears appeals from State Bar Councils' disciplinary committees.
• Composition of BCI: the Attorney General and Solicitor General are ex officio members, and each State Bar Council elects one member; the BCI elects its own Chairman.
• Eligibility for enrolment: broadly, an Indian citizen of at least 21 years with a recognised law degree (foreign nationals may be admitted on reciprocity).
• All India Bar Examination (AIBE): conducted by the BCI; passing it is needed for a certificate of practice.
• Senior Advocates: designated by the Supreme Court or a High Court based on ability, standing at the Bar and experience.
• Discipline: punishments for professional misconduct include reprimand, suspension and removal of the name from the roll. An appeal from the BCI's disciplinary committee lies to the Supreme Court.
• Only enrolled advocates have the right to practise in courts as a profession.

Exam tips

• Remember the chain: State Bar Council → Bar Council of India → Supreme Court for disciplinary appeals.
• The Advocates Act is "self-regulation" – lawyers regulate lawyers.

Common mistakes

• Thinking the Union Law Ministry enrols advocates – enrolment is by State Bar Councils.
• Confusing Senior Advocates (designated by courts) with elected Bar Council members.