THE BAR COUNCIL OF INDIA
1. INTRODUCTION
The Bar Council of India or (BCI) is a statutory body created by the Indian legislation in order to represent the legal profession in the country and to shape the legal landscape in India[1]. This body was formed under the Advocates Act 1961, Section (3), which states that each country shall have its own bar council and the eligibility of its members as not everyone is eligible and only the people who possess the qualifications can be a part of it according to Section 4 (1-A),(the Attorney-general of india, the Solicitor-general, and the members elected from different State Bar Councils of india are a part of it)[2]. There are 18 members of the BCI and its functions are critical in maintaining the integrity, legality, and ethical standards of the legal profession in India. The role of this statutory body extends beyond mere regulation, encompassing advocacy, education, and ensuring access to justice for all sections of society. In this article, we will mainly cover the structure and functions of the BCI.
1.1 Structure of the BCI
The structure of the BCI or the Bar Council of India is mainly hierarchical and comprises of many levels that govern the legal professions of India. First comes the Central Body of the BCI which comprises of the Chairperson or Chairman who is the head of the body and has the responsibility of overseeing all its functions. The members are elected through a democratic process involving the advocates' participation from all its different state-members. This is because it is important to represent diverse regions and categories within the legal professions in order to ensure a broader perspective in the decision-making process. Second comes the State Bar Councils which comprises of all the different bar councils of its respective state in order to regulate proper legal practice within its own jurisdiction. These State bar councils operate under the guidelines and practices set by the Bar Council of India and also consist of elected members and oversee matters regarding legal education, enrollment of advocates and professional conduct within their respective states. Third come the Ex-Officio members who, as mentioned earlier, are the Attorney-general and the Solicitor-general of India and their inclusion signifies the legal representation of the government's viewpoint within the council itself. Then come the Specialized committees such as the Disciplinary committee, Legal Education committee, an Enrolment committee and an Executive committee under Section (10), which each work on their own specific projects, reforms, or issues identified by the BCI to address current challenges within its legal framework[3].An example of this could be that the the executive committee has the power manage the funds of the council while the legal education committee has the power to visit and inspect Universities and report the results to the council. While the disciplinary committee deals with imposition of the code of conduct for advocates and suggests suitable action in case of any violation, the legal education committee, as mentioned earlier, deals with the curriculum of law universities across India. The Bar Council of India's structure also operates in collaboration with its State Bar Councils whilst emphasizing coordination, regulatory compliance, and consistency in standards across the legal landscape in India. This sophisticated structure ensures an effective regulation and representation of the legal profession at both national and state levels in India.
1.2 Functions of the BCI
Section 7 of the Advocates Act 1961 talks about the functions of the BCI. Not only does the Bar Council of India protect the rights of the advocates, it also approves and recognizes law colleges and institutions across the country, ensuring that they meet the prescribed standards. It sets educational standards such as maintaining benchmarks for legal education, including infrastructure, curriculum and faculty. As for the curriculum, it is formulated and updated for its respected law courses, making sure that it is made to cover essential legal knowledge and skills. It also organizes the AIBE or the All India Bar Examination which is the examination that is conducted to assess the competence and knowledge of law graduates for legal practices. It also sets an eligibility criteria for individuals seeking enrollment to become advocates by conducting examinations and also issuing certificates of practice. Besides all this, it additionally formulates a code of conduct and ethical guidelines for legal practioners to uphold professional standards and has the authority to investigate any misconduct practiced by taking disciplinary action against the advocates. It engages with other stakeholders and governmental bodies to address issues regarding legal professions[4]. In addition, it furthermore encourages pro-bono services among legal practitioners to ensure justice for all and facilitates legal aid services and raises legal awareness among marginalised sections of the society. It conducts legal seminars and organise legal aid to the poor.
1.3 Reforms made by the Bar Council of India
The council makes continuous efforts in order to improve the quality of legal education by updating the curriculum and aligning it with its evolving needs. It also streamlines disciplinary procedures to ensure fast, prompt, and fair resolutions of complaints against its advocates and also implements measures for better and greater transparency and accountability in the BCI's functioning related to its governance and decision-making.
2. CONCLUSION
In conclusion, the BCI stands as an outstanding institution, whilst flaunting significant influence in regulating proper and just legal practice. It has helped shape legal education in our country, maintaining ethical standards at the same time, and advocating for the community's legal interests. Despite facing challenges in ensuring uniform educational standards, fostering transparency and touring disciplinary practices, the BCI's role in upholding the integrity of the legal filed and profession has remained unshaken. Continual reforms as mentioned earlier, and its adaptability to focus on accountability are crucial for the Bar Council of India to effectively redirect India's legal fraternity towards higher standards. It has ensured the accessibility of justice and been a professional excellence for the citizen of India, both law students and common people. Due to the Advocates Act 1961, The formation of this statutory body has helped millions of law students in need, and common people in requirement of legal aid mainly also strives to be more transparent and fair towards all its citizens.
3. CITATIONS
1. About the Bar Council of India, available at (https://www.barcouncilofindia.org/info/about-bci), last visited (17-12-2023).
2. The Advocates Act, 1961, available at (https://www.indiacode.nic.in/bitstream/123456789/1631/1/A1961_25.pdf), last visited (17-12-2023).
3. Section 10, constitution of committees other than the disciplinary committee, available at ( https://www.indiacode.nic.in/show-data? actid=AC_CEN_3_46_00001_196125_1517807320172orderno=13), last visited (17-12-2023).
4. Section 7, Functions of Bar Council of India, available at (https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_46_00001_196125_1517807320172orderno=7), last visited(17-12-2023).
