LEGAL METHODS PROJECT ON BAR COUNCIL OF INDIA AND IT'S ROLE IN LEGAL

EDUCATION

SEPTEMBER 23, 2015

Submitted To Submitted by

Ms. Titasha Banerjee Akash Anurag

Assistant Professor B.B.A. LL.B(Honrs.)

NLU,Jodhpur U.G.Sem-1
 ACKNOWLEDGEMENT

On the completion of this project I take the opportunity of thanking people who contributed in

the completion of it, without whose aid, support and contribution this project would have never

seen the Light Of The Day.

First of all I express my heartfelt gratitude to my mentor and Legal Methods Teacher, Ms.

Titasha Banerjee whose continuous guidance and support provided me with the much needed

impetus and gave me a better insight into the topic. I am grateful to the I.T. Staff for providing all

necessary facilities for carrying out this work.

I also thank my parents for providing me with the much needed moral support which was

required during the completion of this project.

2
 RESEARCH METHODOLOGY

TOPIC - BAR COUNCIL OF INDIA AND IT'S ROLE IN LEGAL EDUCATION.

The Research Methodology adopted by the researcher for the project is that of Legal Research

from both Primary and Secondary sources. A large part of the research work has been done

through Statutes , Articles and Articles available in online databases. . Other sources the website

of the Bar Council of India has also been used for the same.

3
 SCOPE

This project is an attempt to understand the importance of the Bar Council of India and to

understand what role it plays in the sphere of Legal Education . It is an attempt to understand the

nature and importance of the Bar Council Of India. The Council is often referred to as the

Watchdog of the Arena of Legal Education therefore it is necessary to understand the very nature

of it, it's importance and what role it plays in the sphere of Legal Education.

4
 TABLE OF CONTENTS

CONTENTS
INTRODUCTION........................................................................................................... 6
THE BAR COUNCIL OF INDIA - AN OVERVIEW.................................................................8
ENROLMENT OF ADVOCATES...................................................................................... 14
ALL INDIA BAR EXAMINATION....................................................................................... 14
THE ROLE OF THE BAR COUNCIL OF INDIA IN LEGAL EDUCATION IN INDIA...................16
BAR COUNCIL OF INDIA + UNIVERSITY GRANTS COMMISSION= HARMONIOUS RELATION IN
REGULATING THE SPHERE OF LEGAL EDUCATION.............................................................18
CONCLUSION..............................................................................................................................21
BIBLIOGRAPHY..........................................................................................................................22

5
 INTRODUCTION

The Bar Council of India is a statutory body created by Parliament to regulate and represent the

Indian bar. The Bar Council of India was established under Section 4 of The Advocates

Act,1961.

It performs the regulatory function of prescribing standards of professional conduct and

etiquette. It also exercises disciplinary jurisdiction over the bar. It also sets standards for legal

education and grants recognition to Universities whose degree in law will serve as qualification

for enrolment as an advocate.

Some of the most Important Committees under the Bar Council Of India are as follows-:

1. Legal Education Committee

2. Disciplinary Committee.

3. Advocates Welfare Committee

4. Executive Committee

Some Important functions of The Bar Council Of India are as follows-:

(a) to lay down standards of professional conduct and etiquette for advocates

(b) to lay down the procedure to be followed by its disciplinary committee and the disciplinary

committee of each State Bar Council

(c) to promote legal education and to lay down standards of Legal education in consultation with

the Universities in India imparting Legal education.

6
(d) 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.

7
 THE BAR COUNCIL OF INDIA - AN OVERVIEW

A. HISTORY

After the Constitution of India came into force on January 26, 1950, the Inter-University Board

at its annual meeting held in Madras, passed a resolution stressing the need for an all-India bar

and emphasising the desirability of having uniformly high standards for law examinations in

different Universities of the country in view of the fact that a Supreme Court of India had been

established. At its meeting held on October 1, 1950, the Bar Council of Madras adopted that

resolution.

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 on the floor of the House that the Government of India was considering a

proposal to set up a Committee of Inquiry to go into the problem in detail. The Committee was

constituted and asked to examine and report on:

1. The desirability and feasibility of a completely unified Bar for the whole of India,

2. The continuance or abolition of the dual system of counsel and solicitor (or agent) which

was prevelant in the Supreme court and in the Bombay and Calcutta High Courts,

3. The desirability and feasibility of establishing a single Bar Council for (1) the whole of India

and (2) for each State,

4. The establishment of a separate Bar Council for the Supreme Court,

8
6. The consolidation and revision of the various enactments (Central as well as State) relating

to lawyers across the country

This All India Bar Committee was headed by the Honble Shri S. R. Das, Judge, Supreme Court

of India. The All India Bar Committee submitted its detailed report on March 30, 1953. 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 education in India.

To implement the recommendations of the All-India Bar Committee and taking into account the

Law Commissions recommendations relating to the legal profession, a comprehensive

Advocates Bill was introduced in the Parliament which resulted in the the Advocates Act, 1961.
1
As a result the Bar Council Of India was formed in the year 1961 under Section 4 of The

Advocates Act,1961 with M.C.Setalvad being it's first Chairman and C.K.Daphtary being its first

Vice-Chairman.

B. CONSTITUTION

The Bar Council Of India consists of of members elected from each State Bar Council, The

Attorney General Of India and the Solicitor General Of India. The Attorney General of India and

The Solicitor General Of India are the ex-officio chairman of the Bar Council of India. The

Members from the State Bar Councils are elected for a period of five years. The Council elects

it's own Chairman and Vice-Chairman for a period of two years from amongst it's members. 2

1 http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/history/

9
C. COMMITTEES OF THE BAR COUNCIL OF INDIA.

The Bar Council Of India has several committees which make important recommendations to the

Council and help the Council in it's smooth functioning. The Various Committees under the Bar

Council Of India are as follows -

1. Legal Education Committee

Section 10 of The Advocates Act,1961 mandates the formation of a Legal Education Commitee.

It consists of five members of the Bar Council of India and five co-opted members to represent

The Judiciary, The Law Ministry, The U.G.C. and Academia. The main work of The Committee

is to make recommendations to the Bar Council of India on all matters pertaining to legal

education in the country.

The Legal Education Committee has the power to -:

a. To make recommendations to the Bar Council Of India for laying down the standards of legal

education in the country.

b. To visit and inspect Universities and report the result to the Council.

c. To recommend the discontinuance of recognition of any university already made by the

council.

d. To recommend the Council for recognition of any degree in Law of any university within the

territory of India.

2 Section 7, The Advocates Act,1961.

10
2. Disciplinary Committee.

Section. 9 of The Advocates Act,1961 provides for the establishment of a Disciplinary

Committee .This Committee hears appeals for revisions by persons against summary dismissal of

their complaints against advocates for professional misconduct by the State Bar Councils. Each

Disciplinary Committee consists of three members each of whom are elected for a period of

three years.

3. Advocates Welfare Committee

The Advocates Welfare Committee looks into applications made by advocates through the State

Bar Councils for Welfare Funds. The Committee scrutinises the applications and allocates funds

respectively. The State Bar Council shall pay to the Fund annually, an amount equal to twenty

per cent of the enrolment fee received by it. 3 The Members of the Advocates Welfare Committee

are elected from within the Bar Council of India for a tenure of two years.

4. Executive Committee

This Committee is the executive body of the Council and is responsible for carrying out the tasks

of the Council. Section 10 of The Advocates Act,1961 provides for the establishment of an

3 Section 24(f), The Advocates Act,1961.

11
Executive Committee the members of which are selected from amongst the members of the

council. The Committee elects its own Chairman and Vice-Chairman. The Executive Committee

has the power:

a.To manage the funds of the Council,

b. To invest the funds of the Council in the manner directed by the Council from time to

time,

c. To grant leave to members of the staff, other than casual leave,

d. To prescribe books of account, registers and files for the proper management of the

affairs of the Council,

e. To appoint and supervise the work of the members of the staff and prescribe their

conditions of service

f. To appoint auditors and fix their remuneration,

g. To consider the annual audit report and place it before the Council with its comments for

its consideration,

h. To prepare and place before the Council, the annual administration report and the

statement of account,

i. To authorise the Secretary to incur expenditure within prescribed limits,

j. To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,

12
k. To do all other things necessary for discharging the aforesaid functions.4

Other Important Committees of The Bar Council of India are as follows-

1. All India Bar Examination Committee

2. Finance Committee

3. Special Committee (Oversee Committee)

4. Rules Committee

5. Building Committee

6. Legal Aid Committee

D. SOME IMPORTANT FUNCTIONS OF THE BAR COUNCIL OF INDIA.

(a) to lay down standards of professional conduct and etiquette for advocates

(b) to lay down the procedure to be followed by its disciplinary committee and the disciplinary

committee of each State Bar Council

(c) to safeguard the rights, privileges and interests of advocates

(d) to promote and support law reforms

4 http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/committees/

13
(e) to deal with and dispose of any matter arising under this Act, which may be referred to it by a

State Bar Council

(f) to promote legal education and to lay down standards of Legal education in consultation with

the Universities in India imparting Legal education

(g) 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. 5

ENROLMENT OF ADVOCATES

The State Bar Councils enrols eligible persons having a recognised Law Degree as Advocates on

its rolls. The Law Graduates admitted as advocates by any State Bar Council are eligible to take

up the ALL INDIA BAR EXAMINATION conducted by the All India Bar Council. Passing the

examination awards the state-enrolled advocate with a 'Certificate of Enrolment' which enables

them to practice law as an advocate in any High Court and Lower Court within the territory of

India.

ALL INDIA BAR EXAMINATION.

On April 10, 2010, the Bar Council of India resolved to conduct an All India Bar Examination

that tests an advocates ability to practice law. Now it has been made mandatory for a lawyer to

pass this exam. This examination is held biannually. An Advocate can appear for this exam any

5 Section 7, The Advocates Act,1961.

14
number of times. Once the advocate passes the examination, he/she will be entitled to a

Certificate of Practice law throughout India.

15
 THE ROLE OF THE BAR COUNCIL OF INDIA IN LEGAL EDUCATION IN INDIA.

A significant change came in the arena of Legal Education with the establishment of the Bar

Council of India in the year 1961 under The Advocates Act,1961. Under The Advocates Act,1961

The Council enjoys significant power in the field of legal education. Under Section 7 of the

Advocates Act,1961 one of the most important functions of the Bar Council Of India is to

promote legal education and to lay down standards of Legal education in consultation with the

Universities in India importing such education and the State Bar Councils. 6

Under Section 7(i) of The Advocates Act,1961 The Bar Council of India is empowered to

recognise the Universities which can provide Degrees in Law.7 Moreover Section 49(d) of The

Advocates Act, The Bar Council Of India can make rules regarding the standards of legal

education to be observed by Universities for that purpose. It is for this purpose that one of the

various functions of the Bar Council Of India is to visit and inspect the law colleges across the

country.8 Thus The Advocates Act,1961 Confers regulatory power on the Bar Council of India

towards the maintenance of the standards of Legal Education in the Country. It is by the virtue of

this regulatory power that the Bar Council of India can also de-recognise Institutions imparting

the education of Law. One of the most recent examples being the de-recognition of the Delhi

University Law Courses by the Bar Council Of India. On 26th September, 2014 The Bar Council

Of India Derecognised DU's law course taught at its three centres, namely Campus Law Centre,

6 Section 7 ,The Advocates Act,1961

7 Section 7(i) , The Advocates Act,1961

8 Section 49(d) of The Advocates Act,1961

16
Law Centre-1 and Law Centre-2 on the grounds of absence of proper infrastructure, absence of

extension of approval of affiliation of these law centres and non-compliance with the standards

set up by the Bar Council Of India. 9 A citizen of India will be admitted as an Advocate only, if

he has obtained his degree in law from a University recognized by Bar Council.10

The Bar Council Of India has off late been quiet watchful of the declining standards of legal

education in India. In this context Council has been taking several steps including revision of

curriculum and decision to close down the evening law colleges which are not following the

norms prescribed by it for imparting legal education. So the Bar Council of India can play a very

vital role in the overall progressive development of Legal Education in India.

9 Bar Council derecognizes Delhi University's law course(26 september 2014),

http://timesofindia.indiatimes.com/home/education/news/Bar-Council-derecognizes-Delhi-

Universitys-law-course/articleshow/43462269.cms.

10 Section 24 (i),The Advocates Act,1961.

17
 BAR COUNCIL OF INDIA + UNIVERSITY GRANTS COMMISSION= HARMONIOUS

RELATION IN REGULATING THE SPHERE OF LEGAL EDUCATION.

There is no specific entry in Schedule VII to the Constitution of India that deals with legal

education. Entry 25 is also related to education and reads as Education, including technical

education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and
11
66 of List I; vocational and technical training of labour. Entries 77 and 78 of List I of the

Constitution of India are concerned with the entitlement of persons to practice before the

Supreme Court and the High Courts. It is in reference to the above mentioned entries that the

Supreme Court of India has enacted laws for the regulation of the impartion of Legal Education

in the country. The Regulations take into account basically two bodies-:

1. The Bar Council Of India as the apex professional body concerned with the standards of the

legal profession in India.

2. The University Grants Commission

Advocates Act, 1961, under Section 4 of which the Bar Council of India has been constituted, is

an enactment made pursuant to Entries 77 and 78 of Schedule VII i.e. it is with respect to the

subject matter of persons entitled to practice. 12 Along with the various State Bar Councils, The

Bar Council Of India is responsible for bringing in any sort of improvement in the field of legal

profession. However, the responsibility of BCI is not limited to professional standards alone, but

extends to a regulatory character vis--vis legal education as well.

11 Entry 25, Schedule- VII, The Constitution Of India,1950.

12 Bar Council of U.P. vs. State of U.P., AIR 1973 SC 231.

18
Bar Council of India's role as a regulator of legal education in India has already been explained

under Sections 7,10,24 and 49 of The Advocates Act,1961. Since The Bar Council Of India is

concerned with the standards of the legal profession and the equipment of those who seek entry

into that profession, Bar Council Of India is also concerned with the legal education in the

country.13

It is pursuant to Entry 66 of List I that the University Grants Commission (hereinafter referred to

as UGC) was established under Section 4 of the University Grants Commission Act, 1956. 14

UGC has the power to recommend to any University in the country the necessary reforms for the

improvement in the level of University education. The definition of a University under the

provisions UGC Act implies not only a University established or incorporated by or under a

Central Act, a Provincial Act or a State Act, but also includes any such institution as may, in

consultation with the University concerned, be recognized by UGC in accordance with the

regulations made under the Act. It is by virtue of this provision that even affiliated colleges are

included within the domain of UGCs regulation. 15 The Supreme Court of India in one of it's

decisions has also held that the regulations framed by UGC prescribing qualifications for

teaching staff in Universities would override and prevail over all other legislations in this regard,

even Parliamentary enactments.16 As UGC has been made pertinent an Act made in line with

Entry 66 of List 1 of The Constitution of India,1950 any University established under the

13 Bar Council of India vs. Board of Management, Dayanand College of Law, (2007) 2 SCC

202.

14 Prem Chand Jain vs. R.K. Chabbra, (1984) 2 SCC 302.

15 Section 2(f), UGC Act,1956.

19
provisions of a State Act under Entry 25 of List III would be subject to the provisions of the

UGC Act, as well as the Rules and Regulations made there under by UGC. The above

comparative analysis clearly establishes the fact that both UGC and BCI are inevitable towards

the creation of a positive environment for the promotion of Legal Education in the country. So it

is the harmonious Relationship between the two bodies which can help improve the level of

Legal Education in India.

However there have been numerous instincts when the Bar Council of India has come into a

direct Conflict with The University Grants Commission. The Most poignant example of the same

being the Introduction of the Five Year Integrated LL.B course which was approved by the Bar

Council Of India but not by the UGC. The conflict of interest between UGC and the BAR

COUNCIL OF INDIA often affects the standard of education imparted in law colleges across the

country. The differing regulations the two bodies often makes it difficult to specify a proper

curriculum and management control suitable to bring Law Colleges to any efficient academic or

organisational level. It is therefore time that both the regulators reach a common focal point and

work towards achieving the overall development of Legal Education in India.

16 University of Delhi vs. Raj Singh, 1994 Supp. (3) SCC 516.

20
 CONCLUSION

The Bar Council Of India is a very important organ while regulating the sphere of Legal

Education in India. It acts as a promoter, facilitator and enforcer of norms and standards involved

in maintenance of standards of Legal Education in India. Under Section 7(i) of The Advocates

Act,1961 The Bar Council of India is empowered to recognise the Universities which can

provide Degrees in Law. The Bar Council Of India can make rules regarding the standards of

legal education to be observed by Universities for that purpose.

However UGC which was established under The University Grants Commission Act,1956 is

considered to be the umbrella organisation for the regulation of University Education in India

including Law Universities. Both UGC and BCI being interdependent it is the harmonious

Relationship between the two bodies which can help improve the level of Legal Education in

India.

21
 BIBLIOGRAPHY

Constitutional Provisions

Entry 25, Schedule- VII, The Constitution Of India,195018

Statutes

Section 24 (i),The Advocates Act,1961.........................................................................................17

Section 24(f), The Advocates Act,1961.........................................................................................11

Section 49(d) of The Advocates Act,1961...................................................................................16

Section 7 ,The Advocates Act,1961............................................................................................16

Section 7(i) , The Advocates Act,1961........................................................................................16

Section 7, The Advocates Act,1961...............................................................................................14

Section 7, The Advocates Act,1961.................................................................................................9

Supreme Court Cases

Bar Council of India vs. Board of Management, Dayanand College of Law, (2007) 2 SCC 202.19

Bar Council of U.P. vs. State of U.P., AIR 1973 SC 231...............................................................18

Prem Chand Jain vs. R.K. Chabbra, (1984) 2 SCC 302................................................................19

Section 2(f), UGC Act,1956..........................................................................................................19

University of Delhi vs. Raj Singh, 1994 Supp. (3) SCC 516........................................................19

22
Newspaper Reports

Bar Council derecognizes Delhi University's law course(26 september 2014),............................17

web sources

http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/committees...................13

http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/history/...........................9

23