ROLE

OF
BAR COUNCIL OF INDIA IN PROMOTING
LEGAL EDUCATION

NAME: ALVIRA.M
YEAR: IV
SECTION: A
CLASS: BA.BL (Hons)

INDEX
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CONTENTS
Introduction
Brief History of Law In India
Lawyers In The Indian Freedom
Movement
About the Council
Rules on Professional Standards
Enrolment of Advocates
Structure of The Bar Council Of India
Committees of Bar Council Of India
Rules Applicable to Disciplinary
Proceedings
Bar Council of India Trust
Directorate of Legal Education
All India Bar Examination
Bar Council of India and Legal
Education
National Law School
Problems
Conclusion
Bibliography

INTRODUCTION:
Legal education is the basic which only would create such responsible and responsive social
lawyering. Every society has its contingent demands now need to be fulfilled by an
instrument of law, which is purposive human enterprise. In a democratic welfare society, the
significance of legal education cannot be over emphasized.
In a democracy where prevails the dogma of the Rule of Law, law defends and promotes the
individual and the interest of the individuals, who constitute the society. Today law is viewed
not merely as an instrument of social control but also as an instrument of social change. Such
education will in still into the students the significance and relevance of democratic culture.
As professional education. Legal education equips law students for filling different roles in
society, and discharging various law jobs, the range and scope of which are always expanding
in the modern democratic society, e.g., policy makers, administrators, lawyers etc.
Accordingly, it is realized in modern India that legal education ought to have breadth, depth
and wide perspective. Law,
Legal education and development have become inter related concepts in modern developing
societies which are struggling to develop into social welfare states and are seeking to
ameliorate the socio economic condition of the people by Peaceful means. The same is true
of India. It is the crucial function of legal education to produce lawyers with a social vision in
a developing country like India.
This vision to promote and ameliorate legal education in India has led to the formation of two
important constituents such as:

The University Grants Commission

The Bar Council Of India

Both these Committees helped in the fostering of Education system in s better and efficient
manner which could lead to overall development of the students and the nation at large.
The University Grants Commission (UGC) of India is a statutory body set up by the Indian
Union government in 1956, and is charged with coordination, determination and maintenance
of standards of higher education. It provides recognition to universities in India, and
disburses funds to such recognized universities and colleges. Prof. Ved Prakash is the
incumbent Chairman of UGC, India .Its headquarters is in New Delhi, and six regional
centres in Pune, Bhopal, Kolkata, Hyderabad, Guwahati and Bangalore.
The Bar Council of India is a statutory body established under the Advocates Act 1961 that
regulates the legal practice and legal education in India. Its members are elected from
amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of
professional conduct, etiquettes and 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 a qualification for students to enroll themselves as advocates upon graduation.

This study of research will emphasize on the various functions objectives and guidelines of
both the Regulating authorities in the administration of the legal education system in India
and the means to achieve all its objectives and Goals

BAR COUNCIL OF INDIA:

Brief History Of Law In India:Law in India has evolved from religious prescription to the current constitutional and legal
system we have today, traversing through secular legal systems and the common law.
1

India has a recorded legal history starting from the Vedic ages and some sort of civil law
system may have been in place during the Bronze Age and the Indus Valley civilization. Law
as a matter of religious prescriptions and philosophical discourse has an illustrious history in
India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile
field enriched by practitioners from different Hindu philosophical schools and later by Jains
and Buddhists.
Secular law in India varied widely from region to region and from ruler to ruler. Court
systems for civil and criminal matters were essential features of many ruling dynasties of
ancient India. Excellent secular court systems existed under the Mauryas (321-185 BCE) and
the Mughals (16th 19th centuries) with the latter giving way to the current common law
system.
The common law system a system of law based on recorded judicial precedents- came to
India with the British East India Company. The company was granted charter by King
George I in 1726 to establish Mayors Courts in Madras, Bombay and Calcutta (now
Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded
substantially after its victory in Battle of Plassey and by 1772 companys courts expanded out
from the three major cities. In the process, the company slowly replaced the existing Mughal
legal system in those parts.
Following the First War of Independence in 1857, the control of company territories in India
passed to the British Crown. Being part of the empire saw the next big shift in the Indian
legal system. Supreme courts were established replacing the existing mayoral courts. These
courts were converted to the first High Courts through letters of patents authorized by the
Indian High Courts Act passed by the British parliament in 1862. Superintendence of lower
courts and enrolment of law practitioners were deputed to the respective high courts.
During the Raj, the Privy Council acted as the highest court of appeal. Cases before the
council were adjudicated by the law lords of the House of Lords. The state sued and was sued
in the name of the British sovereign in her capacity as Empress of India.
During the shift from Mughal legal system, the advocates under that regimen, vakils, too
followed suit, though they mostly continued their earlier role as client representatives. The
1 The Bar Council of India, available at http://www.barcouncilofindia.org/about/about-the-legalprofession/legal-education-in-the-united-kingdom/ accessed on 2.10.2015 Page:1

doors of the newly created Supreme Courts were barred to Indian practitioners as right of
audience was limited to members of English, Irish and Scottish professional bodies.
Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846 which
opened up the profession regardless of nationality or religion.
Coding of law also began in earnest with the forming of the first Law Commission. Under the
stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was
drafted, enacted and brought into force by 1862. The Code of Criminal Procedure was also
drafted by the same commission. Host of other statutes and codes like Evidence Act (1872)
and Contracts Act (1872).
At the dawn of independence, the parliament of independent India was the forge where a
document that will guide the young nation was being crafted. It will fall on the keen legal
mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The
Indian Bar had a role in the Independence movement that can hardly be overstated that the
tallest leaders of the movement across the political spectrum were lawyers is ample proof.
The new nation saw its first leader in Jawaharlal Nehru, and a paternal figure in M. K.
Gandhi, both exemplary lawyers. Perhaps it is the consequent understanding of law and its
relation to society that prompted the founding fathers to devote the energy required to form a
Constitution of unprecedented magnitude in both scope and length.
The Constitution of India is the guiding light in all matters executive, legislative and judicial
in the country. It is extensive and aims to be sensitive. The Constitution turned the direction
of system originally introduced for perpetuation of colonial and imperial interests in India,
firmly in the direction of social welfare. The Constitution explicitly and through judicial
interpretation seeks to empower the weakest members of the society.
India has an organic law as consequence of common law system. Through judicial
pronouncements and legislative action, this has been fine-tuned for Indian conditions. The
Indian legal systems move towards a social justice paradigm, though undertook
independently, can be seen to mirror the changes in other territories with common law
system.
From an artifice of the colonial masters, the Indian legal system has evolved as an essential
ingredient of the worlds largest democracy and a crucial front in the battle to secure
constitutional rights for every citizen.

LAWYERS IN THE INDIAN FREEDOM MOVEMENT:With the selfless guidance and statesmanship of the legal profession, the Indian national
movement gained participation and its impact reached far beyond immediate political
consequences. The movement that began in 1857 as a sepoy mutiny took the shape of a
nationwide struggle for Independence from the British Raj. It incorporated various national
and regional campaigns, agitations and efforts of both non-violent and militant philosophies
a) Humble Beginnings of the Indian National Congress:

After the First war of Independence in 1857 and its aftermath, the formation of Indian
National Congress in 1885 marked the beginning of a new era in the national movement. The
era was of moderates like Dadabhai Naoroji and Sundernath Bannerjee while Madan Mohan
Malviya and Motilal Nehru, amongst others, were important moderate leaders who were
lawyers by profession. The moderates believed in the system of constitutionalism. They
functioned more as a debating society that met annually to express its loyalty to the British
Raj and passed numerous resolutions on less controversial issues such as civil rights or
opportunities in government which were submitted to the Viceroys government and
occasionally to the British Parliament. But none of this made any substantive impact.
In 1905, the British announced the partition of Bengal on communal lines. This was opposed
by the Congress and the nationalist leaders who adopted policies like Swadeshi wherein they
boycotted British goods and promoted Indian goods. This created a faction in the Congress
and brought to light the underlying forces of antagonism that was prevalent in the Indian
National Congress due to the opposite ideologies of Moderates and emerging group of the
extremists.
b) The era of Mass Movement:
2

In December 1921, Gandhi was invested with executive authority on behalf of the Indian
National Congress. Under his leadership, the Congress was reorganized with a new
constitution, with the goal of Swaraj. Membership in the party was opened to anyone
prepared to pay a token fee. Thus congress, an elitist institution was now open to masses by
Gandhi. Gandhi expanded his non-violence platform to include the swadeshi policy At the
boycott of foreign-made goods, especially British goods. Linked to this was his advocacy that
khadi (homespun cloth) be worn by all Indians instead of British-made textiles. This was a
strategy to inculcate discipline and dedication to weed out the unwilling and ambitious, and
to include women in the movement at a time when many thought that such activities were not
respectable activities for women. In addition to boycotting British products, Gandhi urged the
people to boycott British educational institutions and law courts, to resign from government
employment, and to forsake British titles and honours.
Non cooperation Movement also saw the involvement of Jawaharlal Nehru who plunged
himself into the Indian freedom struggle during this time. A London educated lawyer, Nehru
had spent his time touring the nation and spreading Gandhian ideas and making himself
acquainted with the problems of the common people. Rajagopalachari, Lala Lajpat Rai,
Madan Mohan Malviya, Motilal Nehru, CR Das and Sardar Patel were other lawyers who
gave their full contribution to the non cooperation movement. Patel toured the state to recruit
more than 300,000 members and raise over Rs. 1.5 million in funds for the non cooperation
movement and helped organise bonfires of British goods in Ahmedabad and Gujarat. He also
supported Gandhis controversial suspension of resistance in wake of the Chauri Chaura
incident. He worked extensively in the following years in Gujarat against alcoholism,
untouchability and caste discrimination, as well as for the empowerment of women.

2 Jeet Role of Bar Council of India in the Development of Legal Education published on 23 May
2010 available at http://www.lawyersclubindia.com/articles/Role-of-Bar-Council-of-India-in-theDevelopment-of-Legal-Edu-2904.asp#.Vg5jhzahdjp accessed on 2.10.2015

After the Simon Commission and the violence in its aftermath, an All-Parties Conference was
convened by Dr. Ansari, the Congress President, and a Committee, including Tej Bahadur
Sapru, an eminent lawyer and headed by Motital Nehru, was appointed to determine the
principles of a constitution for free India. The report of the Committee the Nehru Report as
it came to be called attempted a solution of the communal problem which unfortunately
failed to receive the support of a vocal section of Muslim opinion led by the Aga Khan and
Jinnah.

The Nehru Report, representing as it did the highest common denominator among a number
of heterogeneous Parties was based on the assumption that the new Indian Constitution would
be based on Dominion Status. Calcutta Congress (December 1928) over which Motilal
presided was the scene of a head-on clash between those who were prepared to accept
Dominion Status and those who would have nothing short of complete independence. A split
was averted by a via media proposed by Gandhi-ji, according to which if Britain did not
concede Dominion Status within a year, the Congress was to demand complete independence
and to fight for it, if necessary, by launching civil disobedience. Gandhi had not only
moderated the views of younger men like Subhash Chandra Bose and Jawaharlal Nehru, who
sought a demand for immediate independence, but also reduced his own call to a one year
wait, instead of two. The British did not respond. Mahatma Gandhi led the Civil
Disobedience Movement that was launched in the Congress Session of December 1929. The
aim of this movement was a complete disobedience of the orders of the British Government.
On 31 December 1929, the flag of India was unfurled in Lahore session of the Congress and
26 January 1930 was celebrated as Indias Independence Day by the Indian National
Congress.
The President of the historic Lahore session, Jawahar Lal Nehru was prompt to use the
platform in order to declare Purna Swaraj or Complete Independence. The monumental
Lahore Congress introduced the Civil Disobedience Movement.
This was followed by Gandhiji launching his famous Salt Satyagraha and the Dandi march in
Gujarat. During the same time, revolutionaries Bhagat Singh, Sukhdev and Rajguru were
arrested on the charges of throwing a bomb in the Central Assembly Hall. Asaf Ali, a freedom
fighter and a prominent lawyer, defended the revolutionaries but they were hanged on March
23, 1931.

The government, represented by Lord Edward Irwin, decided to negotiate with Gandhi after
the civil disobedience movement. The GandhiIrwin Pact was signed in March 1931. The
British Government agreed to free all political prisoners, in return for the suspension of the
civil disobedience movement.

After the signing of the Gandhi-Irwin Pact, Patel was elected Congress president for its 1931
session in Karachihere the Congress ratified the pact, committed itself to the defence of

fundamental rights and human freedoms, and a vision of a secular nation, minimum wage and
the abolition of untouchability and serfdom. Patel used his position as Congress president in
organising the return of confiscated lands to farmers in Gujarat.
c) Round Table Conferences:
As a result of the pact, Gandhi was invited to attend the Round Table Conference in London
as the sole representative of the INC. The conference was a disappointment to Gandhi and the
nationalists, because it focused on the Indian princes and Indian minorities rather than on a
transfer of power.
In 1932, another round table conference was organized and Ambedkar, an eminent lawyer
and a Dalit leader was invited to attend the same. Ambedkar had been working for the social
upliftment of the Dalits and lower caste people and was opposed to the Hindu idea of
casteism and social discrimination. Through his campaigning, the government granted
untouchables separate electorates under the new constitution. In protest Gandhi began a fastunto-death while imprisoned in the Yerwada Central Jail of Pune in 1932 against the
separate electorate for untouchables only. Ambedkar agreed under massive coercion from the
supporters of Gandhi for an agreement, which saw Gandhi end his fast, while dropping the
demand for separate electorates that was promised through the British Communal Award
prior to Ambedkars meeting with Gandhi. This was the start of a new campaign by Gandhi to
improve the lives of the untouchables, whom he named Harijans, the children of God. On 8
May 1933, Gandhi began a 21-day fast of self-purification to help the Harijan movement
d) Second World War and the Quit India Movement:
World War II broke out in 1939 when Nazi Germany invaded Poland. Gandhi promised to
extend his support to the British in the war in return of the freedom, while Subhash Chandra
Bose advocated taking advantage of the situation to expel the British Raj by any means
necessary. This caused a fiction between the two and led to Bose resigning from INC.
Leaders like Gobind Bhallabh Pant, who was also a lawyer by profession, acted as the
tiebreaker between them.
Gandhi then declared that India could not be party to a war ostensibly being fought for
democratic freedom, while that freedom was denied to India itself. In August 1942, Gandhi
launched the Quit India Movement and a mass civil disobedience movement. The
movement was followed, nonetheless, by large-scale violence directed at railway stations,
telegraph offices, government buildings, and other emblems and institutions of colonial rule.
There were widespread acts of sabotage, and the government held Gandhi responsible for
these acts of violence. All the prominent leaders were arrested, the Congress was banned and
the police and army were brought out to suppress the movement.
Meanwhile, Netaji Subhash Chandra Bose, who stealthily ran away from the British detention
in Calcutta, reached foreign lands like Japan and organized the Indian National Army (INA)
to overthrow the British from India but it was only partially successful as Japan lost the
World War and Netaji met with an air crash and died.
When three captured Indian National Army (INA) officers, Shahnawaz Khan, Prem Kumar
Sahgal and Gurbaksh Singh Dhillon were put on trial for treason, the Congress formed a
Defence committee composed of 17 advocates including Bhulabhai Desai. The court-martial

hearing began in October 1945 at the Red Fort. Bhulabhai was the leading counsel for the
defense. Afsal Ali also came to be the convenor of the INA defence team. Another prominent
lawyer defending them was Kailash Nath Katju who also defended the accused in the
Meerut Conspiracy Case in Allahabad High Court in 1933. The successful release of all 3
officers was a great achievement on the part of the Indain lawyers.

ABOUT THE COUNCIL:The Bar Council of India is a statutory body created by Parliament to regulate and represent
the Indian bar. The Council performs the regulatory function by prescribing standards of
professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.
The Council also sets standards for legal education and grants recognition to Universities
whose degree in law will serve as qualification for enrolment as an advocate.
In addition, The Council performs certain representative functions by protecting the rights,
privileges and interests of advocates and through the creation of funds for providing financial
assistance to organize welfare schemes for them.
The Bar Council of India was established by Parliament under the Advocates Act, 1961. The
following statutory functions under Section 7 cover the Bar Councils regulatory and
representative mandate for the legal profession and legal education in India:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
6. To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar
Councils.
7. To recognize Universities whose degree in law shall be a qualification for enrolment as
an advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this purpose.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
9. To organize legal aid to the poor.
10.To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India
for the purpose of admission as an advocate in India.

11.To manage and invest the funds of the Bar Council.

12.To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also constitute funds for the following purposes:
1. Giving financial assistance to organize welfare schemes for poor, disabled or other
advocates,
2.

Giving legal aid, and

3.

Establishing law libraries.

The Bar Council of India can also receive grants, donations, and gifts for any of these
purposes

RULES ON PROFESSIONAL STANDARDS:-

Advocates, in addition to being professionals, are also officers of the courts and play a vital
role in the administration of justice.
3

Accordingly, the set of rules that govern their professional conduct arise out of the duty that
they owe the court, the client, their opponents and other advocates.
The following are the rules of an Advocates Duty towards the Court:
a) Act in a dignified manner:
During the presentation of his case and also while acting before a court, an advocate should
act in a dignified manner. He should at all times conduct himself with self-respect. However,
whenever there is proper ground for serious complaint against a judicial officer, the advocate
has a right and duty to submit his grievance to proper authorities.
b) Respect the court:
An advocate should always show respect towards the court. An advocate has to bear in mind
that the dignity and respect maintained towards judicial office is essential for the survival of a
free community.
c) Not communicate in private:
An advocate should not communicate in private to a judge with regard to any matter pending
before the judge or any other judge. An advocate should not influence the decision of a court
in any matter using illegal or improper means such as coercion, bribe etc.
d) Refuse to act in an illegal manner towards the opposition:
3 Advocate Khoj , available at http://www.advocatekhoj.com/library/bareacts/advocate/7.php?
Title=Advocates%20Act,%201961&STitle=Functions%20%20of%20Bar%20Council%20of
%20India accessed on 2.10.2015 Page : 1

An advocate should refuse to act in an illegal or improper manner towards the opposing
counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his
client from acting in any illegal, improper manner or use unfair practices in any mater
towards the judiciary, opposing counsel or the opposing parties.
e) Refuse to represent clients who insist on unfair means:
An advocate shall refuse to represent any client who insists on using unfair or improper
means. An advocate shall excise his own judgment in such matters. He shall not blindly
follow the instructions of the client. He shall be dignified in use of his language in
correspondence and during arguments in court. He shall not scandalously damage the
reputation of the parties on false grounds during pleadings. He shall not use un parliamentary
language during arguments in the court.
f) Appear in proper dress code:
An advocate should appear in court at all times only in the dress prescribed under the Bar
Council of India Rules and his appearance should always be presentable.
g) Refuse to appear in front of relations:
An advocate should not enter appearance, act, plead or practice in any way before a judicial
authority if the sole or any member of the bench is related to the advocate as father,
grandfather, son, grandson, uncle, brother, nephew, first 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.
h) Not to wear bands or gowns in public places:
An advocate should not wear bands or gowns in public places other than in courts, except on
such ceremonial occasions and at such places as the Bar Council of India or as the court may
prescribe.
i) Not represent establishments of which he is a member:
An advocate should not appear in or before any judicial authority, for or against any
establishment if he is a member of the management of the establishment. This rule does not
apply to a member appearing as amicus curiae or without a fee on behalf of the Bar
Council, Incorporated Law Society or a Bar Association.
j) Not appear in matters of pecuniary interest:
An advocate should not act or plead in any matter in which he has financial interests. For
instance, he should not act in a bankruptcy petition when he is also a creditor of the bankrupt.
He should also not accept a brief from a company of which he is a Director.
k) Not stand as surety for client:
An advocate should not stand as a surety, or certify the soundness of a surety that his client
requires for the purpose of any legal proceedings.

The following are the rules of an Advocates Duty towards the Client:
a) Bound to accept briefs:
An advocate is bound to accept any brief in the courts or tribunals or before any other
authority in or before which he proposes to practice. He should levy fees which is at par with
the fees collected by fellow advocates of his standing at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
b) Not withdraw from service:
An advocate should not ordinarily withdraw from serving a client once he has agreed to serve
them. He can withdraw only if he has a sufficient cause and by giving reasonable and
sufficient notice to the client. Upon withdrawal, he shall refund such part of the fee that has
not accrued to the client.
c) Not appear in matters where he himself is a witness:
An advocate should not accept a brief or appear in a case in which he himself is a witness. If
he has a reason to believe that in due course of events he will be a witness, then he should not
continue to appear for the client. He should retire from the case without jeopardising his
clients interests.
d) Full and frank disclosure to client:
An advocate should, 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 clients
judgement in either engaging him or continuing the engagement.
e) Uphold interest of the client:
It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and
honourable means. An advocate shall do so without regard to any unpleasant consequences to
himself or any other. He shall defend a person accused of a crime regardless of his personal
opinion as to the guilt of the accused. An advocate should always remember that his loyalty is
to the law, which requires that no man should be punished without adequate evidence.
f) Not suppress material or evidence:
An advocate appearing for the prosecution of a criminal trial should conduct the proceedings
in a manner that it does not lead to conviction of the innocent. An advocate shall by no means
suppress any material or evidence, which shall prove the innocence of the accused.
g) Not disclose the communications between client and himself:
An advocate should not by any means, directly or indirectly, disclose the communications
made by his client to him. He also shall not disclose the advice given by him in the
proceedings. However, he is liable to disclose if it violates Section 126 of the Indian
Evidence Act, 1872.

h) An advocate should not be a party to stir up or instigate litigation.

i) An advocate should not act on the instructions of any person other than his client
or the clients authorized agent.
j) Not charge depending on success of matters:
An advocate should not charge for his services depending on the success of the matter
undertaken. He also shall not charge for his services as a percentage of the amount or
property received after the success of the matter.
k) Not receive interest in actionable claim:
An advocate should not trade 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.
l) Not bid or purchase property arising of legal proceeding:
An advocate should not by any means 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
any legal proceeding in which he was in any way professionally engaged. However, it does
not prevent an advocate from bidding for or purchasing for his client any property on behalf
of the client provided the Advocate is expressly authorized in writing in this behalf.
m) Not bid or transfer property arising of legal proceeding:
An advocate should not by any means 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 the subject matter
of any suit, appeal or other proceedings in which he is in any way professionally engaged.
n) Not adjust fees against personal liability:
An advocate should not adjust fee payable to him by his client against his own personal
liability to the client, which does not arise in the course of his employment as an advocate.
o) An advocate should not misuse or takes advantage of the confidence reposed in
him by his client.
p) Keep proper accounts:
An advocate should always keep accounts of the clients money entrusted to him. The
accounts should show the amounts received from the client or on his behalf. The account
should show along with the expenses incurred for him and the deductions made on account of
fees with respective dates and all other necessary particulars.
q) Divert money from accounts:

An advocate should mention in his accounts whether any monies received by him from the
client are on account of fees or expenses during the course of any proceeding or opinion. He
shall not divert any part of the amounts received for expenses as fees without written
instruction from the client.
r) Intimate the client on amounts:
Where any amount is received or given to him on behalf of his client, the advocate must
without any delay intimate the client of the fact of such receipt.
s) Adjust fees after termination of proceedings:
An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to
him from the account of the client. The balance in the account can be the amount paid by the
client or an amount that has come in that proceeding. Any amount left after the deduction of
the fees and expenses from the account must be returned to the client.
t) Provide copy of accounts:
An advocate must provide the client with the copy of the clients account maintained by him
on demand, provided that the necessary copying charge is paid.
u) An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
v) Not lend money to his client:
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. An advocate cannot be held guilty for a
breach of this rule, if in the course of a pending suit or proceeding, and without any
arrangement with the client in respect of the same, the advocate feels compelled by reason of
the rule of the Court to make a payment to the Court on account of the client for the progress
of the suit or proceeding.
w) Not appear for opposite parties
An advocate who has advised a party 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 in the same matter.
The following are Rules on Advocates duty to opponents:a) Not to negotiate directly with opposing party:
An advocate shall not in any way communicate or negotiate or call for settlement upon the
subject matter of controversy with any party represented by an advocate except through the
advocate representing the parties.
b) Carry out legitimate promises made:

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.
4

The following are Rules on Advocates Duty towards fellow Advocates:

a) Not advertise or solicit work:

An advocate shall not solicit work or advertise in any manner. He shall not promote himself
by circulars, advertisements, touts, personal communications, and interviews other than
through 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.
b) Sign-board and Name-plate:
An advocates 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
organization or with any particular cause or matter or that he specializes in any particular type
of work or that he has been a Judge or an Advocate General.
c) Not promote unauthorized practice of law:
An advocate shall not permit his professional services or his name to be used for promoting
or starting any unauthorized practice of law.
d) An advocate shall not accept a fee less than the fee, which can be taxed under
rules when the client is able to pay more
e) Consent of fellow advocate to appear:
An advocate should not appear in any matter where another advocate has filed a
vakalat or memo for the same party. However, the advocate can take the consent of
the other advocate for appearing.
In case, an advocate is not able to present the consent of the advocate who has filed
the matter for the same party, then he should apply to the court for appearance. He
shall in such application mention the reason as to why he could not obtain such
consent. He shall appear only after obtaining the permission of the Court.

ENROLMENT OF ADVOCATES:

4 Reform of Legal Education in India available at http://www.barcouncilofindia.org/wpcontent/uploads/2010/07/LegalEducationReformRecommendations.pdf accessed on 2.10.2015

Eligible persons are admitted as advocates on the rolls of the State Bar Councils. The
Advocates Act, 1961 empowers State Bar Councils to frame their own rules regarding
enrolment of advocates. Contact details for individual Councils can be found here.
5

The Councils Enrolment Committee may scrutinise a candidates application. Those

admitted as advocates by any State Bar Council are eligible for a Certificate of Enrolment.
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.
Section 24 of the Advocates Act specifies the qualifications of a person entitled to be enrolled
into the Bar. The section states that subject to the provisions of this Act, and the rules made
there under, a person shall be qualified to be admitted as an advocate on a State roll, if he
fulfils the following conditions:
a. He is a citizen of India, although a national of any other country may be admitted as
an advocate on a State roll, if citizens of India, duly qualified, are permitted to
practice law in that other country, subject to other restrictions.
b. He has completed the age of twenty-one years.
c. He has obtained a degree in law after the 12th day of March, 1967, after undergoing a
three years course of study in law from any University in India which is recognized
for the purposes of the Advocates Act by the Bar Council of India. In some cases, a
lawyer who has obtained a degree from any University outside the territory of India, if
the degree is recognized for the purpose of this Act by the Bar Council of India, he
may be admitted.
d. He fulfils such other conditions as may be specified in the rules made the State bar
Council under this Chapter;
At present, a person who wants to get enrolled as an advocate has to first clear Bar Council of
India exam. Thereafter the person can enrol himself/ herself under any State Bar Council.
Different state bar councils have formulated their own rules regarding enrolment as an
advocate. However, most of the State Bar Council requires the candidate to submit an
application along with the degree of law and mark-sheets along with judicial Stamp paper and
requisite fees.

STRUCTURE OF THE BAR COUNCIL OF INDIA:

5 Ramanuj, Published on September 29th 2011, available at http://blog.ipleaders.in/functions-of-barcouncil-of-india-enrolment-as-an-advocate-under-advocates-act/ accessed on 2.10.2015

The Bar Council of India consists of 18 Members. The Attorney General of India and the
Solicitor General of India are Ex-officio Members of the council and the other 16 Members
represent the 16 State Bar Councils in the country. The Members are elected for a period of
five years and the Chairman and Vice -Chairman are elected for a period of two years from
among the Members of the Bar Council of India. The Bar Council further consists of various
committees viz., Legal Education Committee, Disciplinary Committee, Executive
Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules
Committee and various other Committees formed to look into specific issues arising from
time to time.
6

Section 4. of the Bar Council of India provides(1) There shall be a Bar Council for the territories to which this Act extends to be known as
the Bar Council of India which shall consist of the following members, namely:
(a) the Attorney- General of India, ex officio;
(b) the Solicitor- General of India, ex officio;
(c) one member elected by each State Bar Council from amongst its members.
Section 4(1-A) of the Act makes it clear that no person shall be eligible for being elected as a
member of the Bar Council of India unless he possesses the qualifications specified in the
proviso to sub- section (2) of section 3.
Section4(2) of the Act provides that there shall be a Chairman and a Vice- Chairman of the
Bar Council of India elected by the Council in such manner as may be prescribed.
Section 4(2-A) of the Act makes it clear that a person holding office as Chairman or as ViceChairman of the Bar Council of India immediately before the commencement of the
Advocates (Amendment) Act, 1977 (38 of 1977 ), shall, on such commencement, cease to
hold office as Chairman or Vice- Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of his office until the
Chairman or the Vice- Chairman, as the case may be, of the Council, elected after the
commencement of the Advocates (Amendment) Act, 1977 (38 of 1977 ), assumes charge of
the office.
Section 4(3) of the Act provides that the term of office of a member of the Bar Council of
India elected by the State Bar Council shall
(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]; and
(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.
6 Legal Articles, Bar Council of India: Introduction published on August 29 th 2013 available at
http://www.legalindia.com/bar-council-of-india-introduction/ accessed on 2.10.2015

Section 10-A of the Act provides that The Bar council of India shall meet at New Delhi or at
such other place as it may, for reasons to be recorded in writing, determine. A State Bar
Council shall meet at its headquarters or at such other place as it may, for reasons to be
recorded in writing, determine .The committees other than disciplinary committees
constituted by the Bar Councils shall meet at the headquarters of the respective Bar councils.
Every Bar Council and every committee thereof except the disciplinary committees shall
observe such rules of procedure in regard to the transaction of business at their meetings as
may be prescribed. The disciplinary committees constituted under section 9 shall meet at
such times and places and shall observe such rules of procedure in regard to the transaction of
business at their meetings as may be prescribed.
Section 10-B of the Act provides that an elected member of a Bar Council shall be deemed to
have vacated his office if he is declared by the Bar Council of which he is a member to have
been absent without sufficient excuse from three consecutive meetings of such Council, or if
his name is, for any cause removed from the roll of advocates or if he is otherwise
disqualified under any rule made by the Bar Council of India.

Section 14 of the Act provides that no election of a member to a Bar Council shall be
called in question on the ground merely that due notice thereof has not been given to
any person entitled to vote thereat , if notice of the date has, not less than thirty days
before that date, been published in the Official Gazette.

COMMITTEES OF BAR COUNCIL OF INDIA:The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council.
The Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a
Legal Education Committee, and an Executive Committee (under section 10).
Chapter III of the Bar Council of India Rules permit the Council to appoint from amongst its
members, one or more committees in addition to those specified in the Act. The Council can
delegate powers, duties, and functions to these committees.

The term of the members of the committees of the Council has been specified in Chapter III
of the Bar Council of India Rules. A different term can be specified at the time of election.
a) LEGAL EDUCATION COMMITTEE:
The Legal Education Committee consists of five members of the Bar Council of India and
five co-opted members to represent the judiciary, the Law Ministry, the University Grants
Commission, and academia. This committee makes recommendations to the Bar Council of
India on all matters pertaining to legal education in the country. The committee elects its own
Chairman.

The Legal Education Committee has the power:

To make recommendations to the Council for laying down the standards of legal education
for Universities.
To visit and inspect Universities and report the results to the Council.
To recommend to the Council the conditions subject to which foreign qualification in law
obtained by persons other than citizens of India may be recognized.
To recommend to the Council for recognition of any degree in law of any University in the
territory of India.
To recommend the discontinuance of recognition of any University already made by the
Council.
Precisely, Legal education matters within the Bar Council are regulated by the Legal
Education Committee, which consists of five Members of the Bar Council of India and
five Members co-opted from outside and they represent Judiciary, Law Ministry,
University Grants Commission and Academicians. This is a high powered committee
which makes recommendations to the Bar Council of India on all matters pertaining to
Legal Education in the country. The Legal Education Committee elects its own Chairman.
b) DISCIPLINARY COMMITTEE:
The disciplinary committee of the Bar Council of India hears applications for revision by
persons against summary dismissal of their complaints against advocates for professional
misconduct, by the State Bar Councils.
Appeals lie before the Bar Council of India against orders of the disciplinary committees of
the State Bar Councils. Every such appeal is heard by the disciplinary committee of the Bar
Council of India, which may pass an order, including an order varying the punishment
awarded by the disciplinary committee of the State Bar Council. Each disciplinary committee
consists of three members. The term of the members of this committee is three years.
c) EXECUTIVE COMMITTEE:
The Executive Committee is the executive authority of the Council, and is responsible for
giving effect to the resolutions of the Council.
Members of the Executive Committee are elected from amongst the members of the Bar
Council of India. The committee elects its Chairman and Vice-chairman.
The Executive Committee has the power:
To manage the funds of the Council,
To invest the funds of the Council in the manner directed by the Council from time to time,
To grant leave to members of the staff, other than casual leave,
To prescribe books of account, registers and files for the proper management of the affairs
of the Council,
To appoint and supervise the work of the members of the staff and prescribe their conditions
of service
To appoint auditors and fix their remuneration,
To consider the annual audit report and place it before the Council with its comments for its

consideration,
To maintain a library and under the directions of the Council, publish any journal, treatise or
pamphlets on legal subjects,
To prepare and place before the Council, the annual administration report and the statement
of account,
To provide for proper annual inspection of the office and its registers,
To authorise the Secretary to incur expenditure within prescribed limits,
To fix travelling and other allowances to members of the committees of the Council, and to
members of the staff,
To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,
To do all other things necessary for discharging the aforesaid functions.
d) ADVOCATE WELFARE COMMITTEE:
The Advocates Welfare Committee looks into applications made by advocates through
various State Bar Councils for welfare funds. The committee verifies the application and
allocates
funds.
The Advocates Welfare committee is empowered by the Advocates Welfare Fund Act, 2001.
The State Bar Council shall pay to the Fund annually, an amount equal to twenty per cent of
the enrolment fee received by it from advocates clause (f) of Section 24 of the Advocates
Act.
The members of the Advocates Welfare Committee are elected from amongst the members of
the Bar Council of India. The term of each member in this committee is two years.
e) LEGAL AID COMMITTEE:
The Legal Aid Committee provides aids to those requiring legal assistance.
f) BUILDING COMMITTEE:
The Building Committee is responsible for setting up offices for the Council.
g) RULES COMMITTEE:
The Rules Committee reviews the rules and regulations of the Council.

RULES APPLICABLE TO DISCIPLINARY PROCEEDINGS:

a) Proceedings to be in camera:
All the proceedings before the Disciplinary Committee shall be held in camera
b) Inspection of Records and Copies:

Inspection of any of the records in any proceeding before the Disciplinary Committee may be
permitted to the parties. They have to present an application duly signed by the applicant or
his advocate. They also have to pay a prescribed fee. The permission is given on any working
day except during the summer or other vacations of the Supreme Court.
An application for inspection shall be made to the Registrar of the Disciplinary Committee.
The Registrar of the Disciplinary Committee may permit the inspection in his presence or in
the presence of any member of the staff authorized by him.
The person inspecting shall not be entitled to make copies of the record of which inspection is
granted. He shall, however, be permitted to make short notes with a pencil.
c) Copies of Records and Judgments:
Certified copies of the records of a case pending before the Disciplinary Committee may be
granted to the parties or to their counsel on an application made in that behalf and on
payment of the prescribed fee.
A copy of a final judgment in a decided case may be given to any person applying for the
same on payment of the prescribed fee. However, the name of the advocate against whom the
proceedings were taken shall be omitted.
d) Order Awarding Costs:
All orders where costs are awarded in disciplinary proceedings shall specify the amount of
costs awarded. It shall also state the party against whom the order is made and the time within
which the amount is payable.
As soon as possible after such an order is made by the Disciplinary Committee, in respect of
every order where costs are awarded to any of the parties, a decretal order shall be drawn up.
This is signed by the Secretary of the State Bar Council or the Bar Council of India as the
case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar
Council or the Bar Council of India as the case may be.
This decretal order shall be furnished to any party to the proceeding on application made and
on payment of the charges prescribed under the rules.

e) Copies of Final Orders:

The Secretary of the State Bar Council or the Bar Council of India as the case may be, shall
send to each of the parties in the proceedings, a certified copy of the final order.
It shall be signed by him as Registrar of the Disciplinary Committee and bearing the seal of
the State Bar Council/Bar Council of India as the case may be. No charges shall be payable
on the copies so sent. Charges as prescribed under the rules shall however be payable for all
additional copies of the said order applied for.

BAR COUNCIL OF INDIA TRUST:

The Bar Council of India Trust was created by the Bar Council of India on April 27, 1974 as a
public charitable trust. The trust works towards maintaining professional standards in the
legal profession and effecting improvements in legal education. Towards this end, the trust is
mandated to establish law schools of excellence and to promote legal research.
The Board of Trustees of the Bar Council of India Trust comprises the Chairman of the Bar
Council of India and four other trustees elected for a four-year term from amongst the BCI
members. The trustees elect a Managing Trustee and an Assistant Managing Trustee. The
Managing Trustee oversees the day-to-day administration of the Trust through its Secretary.
The Trust is also active in other fields such as providing legal aid to the disadvantaged;
publication of textbooks for students and law reports; and activities promoting welfare of the
members of the Indian legal profession. For instance, the Trust assists the professional
development of numerous deserving junior advocates through its placement scheme. The
Trust regularly selects advocates under the scheme for year-long training under experienced
and reputed legal professionals at the High Courts and the Supreme Court such as senior
advocates and Bar Council of India members
a) National Law School of India University, Bangalore:
The Bar Council of India Trust is also at the forefront in delivering world-class instruction in
law, in India. The Trust established the first National Law University in Bangalore in 1987.
The National Law School of India University (NLSIU) is now recognised the world over as
a pre-eminent centre of legal studies and research. It was the inspiration for the establishment
by various states of similar National Law Universities such as the NALSAR University,
Hyderabad and the West Bengal National University of Juridical Sciences, Kolkata.
b) National Moot Court Competition:
The National Moot Court Competition of the Bar Council of India is organised under the
aegis of the Trust, and has been promoting advocacy skills amongst law students, since its
inception in 1981. The eagerly awaited event is organised by the Trust in association with an
Indian University and sees fierce competition between teams from 40 different universities.
In 2009, at the competition held in Gujarat, NALSAR, Hyderabad took home the top honours
and ILS, Pune were runners up. Since 2005, ILS, Pune and NLSIU, Bangalore have won the
trophy twice.
c) Indian Bar Review:
The Indian Bar Review, the quarterly journal of the Bar Council of India Trust, is rated
among the top legal periodicals in the country. Since 1972, the journal has informed and
educated the judiciary, lawyers, students, and academics about the latest trends,
developments, and scholarship in the field of law and legal education.
d) Continuing Legal Education:
The BCI trust is invested heavily in updating the knowledge and skills of practicing
advocates and to promote specialization in professional services. Workshops are organised

regularly in various parts of the country to help advocates develop their skills in a variety of
topics like constitutional litigation, advocacy, labour adjudication, tort litigation,
administrative law and adjudication and environmental laws. The Trust has also assembled
high-quality reading materials on all these subjects.

DIRECTORATE OF LEGAL EDUCATION:The Bar Council of India has established a Directorate of Legal Education for the purpose of
organizing, running, conducting, holding, and administering the following:

Continuing Legal Education

Teachers training

Advanced specialized professional courses

Education program for Indian students seeking registration after obtaining Law
Degree from a Foreign University

Research on professional Legal Education and Standardization

Seminar and workshop

Legal Research

Any other assignment that may be assigned to it by the Legal Education committee
and the Bar Council 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. It is required for an advocate
to pass this examination to practice law. This examination is held biannually and tests
advocates on substantive and procedural law. The syllabi for this examination has to be
published at least three months before the examination. An advocate may appear for the
examination any number of times. Once the advocate passes the examination, he/she will
be entitled to a Certificate of Practice law throughout India

BAR COUNCIL OF INDIA AND LEGAL EDUCATION:-

A very significant development in the area of Legal Education took place when the Bar
council of India was set up under the Advocates Act 1981. Under the Act, the Bar Council
enjoys very significant functions in relation to legal education. Under Section 7 of the
Advocates Act, one of the most important functions of the Bar council of India is to
promote legal education and to lay down standards of such education in consulation
with the Universities in India importing such education and the State Bar Councils.
7

Under Section 7 (i), the Bar Council of India is also empowered to recognize Universities
whose degree in law shall be qualification for enrolment as an advocate and for that
purpose to visit and inspect universities. Section 49 (d) empowers Bar Council to make
rules prescribing, among other thongs, the standards of legal education to be observed by
Universities for that purpose. The Advocate Act thus conferred regulatory powers on the
Bar Council of India vis-a-vis the Legal Education.
Section 24 (1) of the Act provides that a citizen of India will be enrolled to be admitted as an
Advocate, if he has obtained his degree in law from a University recognized by Bar Council.
Thus the Act has conferred power to standards of legal education to enable it to discharge its
regulatory function of legal education, the Bar council of India is required to have a Legal
Education Committee consisting of the Advocates and the law teachers. The Legal Education
Committee consists of five members of the Bar Council of India and five members co-opted
from outside and they represent Judiciary, Law Ministry, University grants Commission and
Academicians. It effect its own chairman.
The decline in the standards of legal education in the country has been engaging the attention
of concerned authorities especially the Bar Council of India. The Bar Council of India has felt
urgent necessity to improve the standards of legal education. In this regard, the 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
The Bar Council has thus got a powerful leverage in its hands to influence the quality, content
and standards of legal education in the country. The Bar Council can play a very vital role in
the process of progressive development of Indian legal education. The Bar council exercises
its influence on legal education from a vocational point of view because only such law
degrees as are recognized by the Bar Council shall be a sufficient qualification for admission
to the profession. The Bar council can lay down standards which a law degree must fulfil
before it can be recognized by it for enrolment into the legal profession. According, the Bar
Council has used its power and prescribed the subjects of study which a L.L.B course must
contain, some of their subjects are elective and some are compulsory. Thus the Bar Council of
India is playing a very important role in imparting quality legal education

NATIONAL LAW SCHOOL:The concept of a national institution to act as a pace-setter and a testing ground for bold
experiments in legal education came up before the Bar Council of India in the context of the
7 Jeet, Role of Bar Council of India in the Development of Legal Education published on 23 rd May
2010, available at http://www.lawyersclubindia.com/articles/Role-of-Bar-Council-of-India-in-theDevelopment-of-Legal-Edu-2904.asp#.Vg5jhzahdjp accessed on 2.10.2015

Councils statutory responsibility for maintaining standards in professional legal education

(under the Advocates Act). The NLSIU Act, 1986 of the Karnataka legislature, Bar Council of
India has decided to start National Law School at Bangalore with a view to improving the
quality of legal education in the country.
There is no doubt that legal education needs reform. But the creation of an elitist in situation
for a discipline like law when standards of legal education in general are so poor may have
unanticipated and undesirable consequence. Any reform of legal education must be
contemplated in the light of Indian conditions. Further legal education cannot be considered
in isolation but as part of higher education generally. The very remarkable achievement and
development has been the setting of National Law School at Bangalore, with the setting of
this institution a new attempt was tried by making legal education available after 10+2. After
Independence, the courses the universities offered was a 3 year course which was available
after graduation, but it was a five year course. The NLSIU monopoly over what was then
hyped as the revolutionary five-year B.A.LL.B. program, lasted for the next fifteen years .
In 1999, there was an explosion of the law school phenomenon, with many other states
decided to follow suit. NALSAR in Hyderabad, NUJS in Kolkata, NLIU in Bhopal and NLU
in Jodhpur were established by their respective state governments. Ten years hence, the
prestige of gaining admission to these law schools is comparable to that of any IIT. This
concept has been a success and now there are thirteen National Law Universitys in total.
These institution has brought legal education at par with other professional courses such as
medical and engineering.
The school represents a unique effort in promotion of legal education in India. Hopefully, its
import on legal education will be felt far and wide in India, Hopefully, its improvement of
legal education in the country and this experiment will fulfil the needs of the society. In
addition, the Bar Council of India has amended the rules concerning three year law course to
provide that all law colleges which are exclusively running evening classes should switch
over to day classes during the academic year 2000-2001 onward, failing which they would
not be entitled to approval for affiliation by the Council. The Bar Council of India has also
been visiting and inspecting various law colleges in the country and disapproving affiliation
of those colleges which are not following the rules led by it asking them to improve by giving
them appropriate directions.

PROBLEMS:The pace of change towards improving the quality of legal education was watered down by
the very same Bar Council through a series of compromises adopted in the course of the last
two decades. These include;
(a) Not following the distinction between professional and liberal legal education in
categorizing the over 500 law teaching institutions for extending BCI jurisdiction;
(b)Reducing the eligibility criteria for admission to the professional law course; there is need
to fix the age to get entered into a law college, like law school all other law colleges should
fixed the maximum age with in 20years for the general category students 23years for a
economically backward students

(c)Inability to mobilise funds for supporting improvements in legal education, particularly

among institutions located outside metropolitan cities; the institution situated out side the
metro city is suffering from various problems due to lack of fund. They could not afford a
good law library. They did not have the chance to get other facilities of the metros. They
could not invite good faculty for these lack of fund. On the other hand all these good faculty
prefers to stay in a Metro cities.
(d)Inability to deter full-time teachers from practicing law and thereby depriving students of
the benefit of services of these teachers; after completion of the course every one hade to go
for the practical use of the law. So it is very important to know the practical situation from a
person who is expert in that particular field. In that case none but the practicing lawyer is the
best teacher. On the other hand law papers like Criminal Procedure code, Indian Penal Code,
Indian Evidence Act cannot be understood except practical knowledge and practices that are
followed in the court
(e)All the experts of a particular discipline should start detailed studies on that subject. In the
recent years we saw Indian Institute of technology, Khargapur come out with new course on
law related to Technology and Computers. No other institutions than IIT, IISc, ISI are the best
in their respective field of Science and technology and statistic. So if they start to use their
intellectuals in this field then the development in law will be the unimaginable.Like wise if
the Business schools comes out with different law courses on the corporate management then
it will be beneficial for the corporate law field. To be able to solve these problems we must
have an awareness of the challenges involved and the changes taking place in contemporary
times.
These relate to unmet legal needs of different sections of society, delay and cost in accessing
justice, impact of globalisation on equality and human rights, vast technological changes
especially in information and communication, the relative incapacitation of the state by
market domination and the role of professions in justice, peace and development. In all these
changes legal education and lawyers play a decisive role of facilitation, moderation and
control. Law without justice is an empty shell. It is the nature of and access to institutions and
procedures, which make justice possible. In structuring the institutions and procedures,
particularly in periods of transition, lawyers will have to assist communities, interest groups
and governments keeping in mind the requirements of equity, justice and fairness

CONCLUSION:The Bar Council of India has a lot of functions vested within itself, whereby exercising those
functions it can restructure and reframe the entire legal arena in the country. In fact, it can be
more predominantly envisaged that in modern times it has hardly contributed constructively
in the improvement of law in India. There are certain loopholes in the legal arena in India
today which the Bar Council must look into, in order to protect the law standard from
degradation and to maintain the same standards.
Law is the cement of society and an essential medium of change. A knowledge of law
increases ones understanding of public affairs. Its study promotes accuracy of the
expression, facility in accuracy of the expression, facility in arguments and skill in
interpreting the written words, as well as some understanding of social values. The quality of

standard of legal education acquired at the law school is reflected through the law school is
reflected through the standard of Bar and Bench and consequently affects the legal system.
The role of Bar council in promoting legal education is worth appreciation and it is due to
these efforts which has not shaken the faith of people in Judiciary. Effective reform in Indian
legal education will require energy, imagination, and devotion; nor can such reform alone
resolve the dilemma in which the Indian legal order finds itself. For the reasons discussed
above, however, education seems the most favourable point of entry and offers greater
leverage for productive change than reform at any other point in the legal order. But reform in
legal education cannot succeed ultimately unless the Indian legal order as a whole moves in a
complementary direction.
One must hope that reforms and insights from an invigorated and reshaped legal education
will help to stimulate movement in other areas of law until, in due time, the several efforts
will multiply and become self-reinforcing. If challenge determines response, the enormous
challenges to Indian legal education and to the Indian legal profession should produce a
tremendous effort to improve legal education.
So much needs to be done even to understand the problem and to fashion for India the kind of
legal order that she needs. India today requires superlative legal education much more than
does the West because in India a far less viable balance is struck between the society's
requirements and a reasonably effective exploitation of the law's potential for contributing to
the meeting of those needs.
Events are moving fast and reform in legal education cannot wait any longer. If it is moulded
to sub serve the purpose of the society and to fulfil the current needs, our legal instructions
will not only command respect but will also be able to play a vital role in the achievement of
the common goal. Society is undergoing rapid transformation and the pace of change is likely
to gather speed. In the context of change ahead, it will be important to devote thought on how
to adopt our legal education to modern conditions so that the coming generation may fit in the
new society that is envisaged. Legal education is an investment, which if wisely made will
produce most beneficial results for the society.

BIBLIOGRAPHY:
Primary Sources:
a) The Advocates Act 1961

Secondary Sources:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)

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www.barcouncilofindia.org
www.ipleaders.in
www.lawmin.nic.in
www.legalinida.com
www.wikipedia.org
www.indiankanoon.com
www.legalservicesindia.com
www.timesofindia.com
www.indiatoday.in