MODULE 3: LAW RELATING TO LEGAL PROFESSION

AND ITS ACCOUNTANCY

ADVOCATE:
Section 2(1) (a)
‘Advocate’ is any person who has entered under any roll under the provision of the
Advocates Act, 1961.
BAR COUNCIL OF INDIA:
Section 2(1)(d)
Bar Council constituted under section 4 for the territories to which this Act extends
LEGAL PRACTITIONER:
Section 2(1)(i)
An advocate of any High Court, a pleader, a mukhtar, or revenue agent
STATE BAR COUNCIL- COMPOSITION, POWERS AND FUNCTIONS:
Section 2(1)(m)
State Bar Council – Bar Council constituted under section 3,
Section 3:
For the respective States, there shall be a State Bar Council of that State.
1. The States are - Andhra Pradesh, Bihar, Gujarat, J&K, Jharkhand, Madhya Pradesh,
Chhattisgarh, Karnataka, Orissa, Rajasthan, Uttar Pradesh, Uttaranchal, Meghalaya,
Manipur, Tripura
2. For the states of Arunachal Pradesh, Assam, Mizoram, and Nagaland, to be known as Bar
Council of the respective states,
3. Kerala + Union Territory of Lakshadweep = Bar Council of Kerala,
4. Tamil Nadu + Union Territory of Pondicherry = Bar Council of Madras,
5. Maharashtra + Goa + Union Territory of Daman and Diu and Dadra and Nagar Haveli = Bar
Council of Maharashtra and Goa,
6. Punjab + Haryana + Union Territory of Chandigarh = Bar Council of Punjab and Haryana,
7. West Bengal + Union Territory of Andaman and Nicobar Islands = Bar Council of West Bengal,
8. Union Territory of Delhi = Bar Council of Delhi.
Members of the State Bar Council:
1. Delhi – Additional Solicitor General of India, ex-officio
2. Assam, Arunachal Pradesh, Mizoram, Nagaland – Advocate General of each State, ex-officio,
3. Punjab, Haryana – Advocate General of each State, ex-officio,
4. Other State Bar Councils – Advocate General of the State, ex-officio.
State Bar Council with an electorate:
1. 5,000 – 15 members elected
2. 5,001-10,000 – 20 members elected
3. 10,001 – 25 members elected.
● Members are elected on the basis of voting by casting a single transferable vote by the advocates.
● ½ of these elected members are the person who has at least 10 years of experience in being an
advocate.
● 10 years should include the time frame where the advocate has been enrolled under the Indian Bar
Council Act, 1926.
● There shall be a Chairman and a Vice-Chairman of each State Bar Council.
● A person shall cease to hold office as a Chairman or Vice-Chairman of any State Bar Council
immediately before the commencement of Advocates (Amendment) Act, 1977.
● A person shall continue to hold office as a Chairman or Vice-Chairman of any State Bar Council until
and unless a new Chairman or Vice-Chairman has been appointed.
● A person can be disqualified from voting at an election or for being chosen as the one to
get elected, and for being the member of the State Bar Council, if he fails to possess the
necessary qualifications prescribed by the Bar Council of India.
● After the commencement of the Advocates (Amendment) Act, 1964, every election shall
be conducted in accordance with the provisions of the rule made by the Bar Council of
India.
● Nothing will affect the representation of the members elected in any State Bar Council
constituted before the commencement of the Advocates (Amendment) Act, 1973, until that
State Bar Council is reconstituted in accordance with the provisions of this Act.
Section 6:
Functions of the State Bar Council:
1. Admit persons as advocates on its roll
2. Prepare and maintain such roll,
3. Entertain and determine cases of misconduct against the advocates,
4. Safeguard the rights, privileges, and interests of advocates on its roll,
5. Promote the growth of Bar Association,
6. Promote and support of law reforms,
7. Conduct seminars and organize talks on legal topics by eminent jurists and publish
journals
8. Organize legal aid to the poor in the prescribed manner,
9. Manage and invest the funds of the Bar Council,
10. Election for its members,
11. Visit and inspect universities in accordance with the direction given under Section 7(1)(i)
12. Perform all other functions conferred by it by or under this Act,
13. Do all other necessary things for discharging the aforesaid functions.
State Bar Council may constitute one or more funds for the purpose of:
1. Financial assistance to provide welfare schemes,
2. Giving legal aid or advice,
3. Establishing libraries related to law.
State Bar Council may receive donations, grants, gifts, or beneficiaries and these shall be
credited to appropriate fund
BAR COUNCIL OF INDIA:
Section 4:
There shall be a Bar Council of India consisting of the following persons:
1. Attorney General of India, ex officio
2. Solicitor General of India, ex officio,
3. One member elected by each State Bar Council from amongst its members.
● There shall be a Chairman and Vice-Chairman of the BCI as elected by the Council.
● A person shall cease to hold office as a Chairman or Vice-Chairman of any State Bar Council immediately
before the commencement of Advocates (Amendment) Act, 1977.
● A person shall continue to hold office as a Chairman or Vice-Chairman of any State Bar Council until and
unless a new Chairman or Vice-Chairman has been appointed.
● Members elected by the State Bar Council shall hold office, ex-officio, for a period of 2 years from the
date of their election, or till he ceases to be an officer, whichever is earlier.
● Others hold the office till the successor has been elected by the State Bar Council.
Section 5:
Bar Council is a corporate entity and acts as an artificial person. It can:
1. Have perpetual succession
2. Have a seal,
3. Power to acquire and hold property, (movable and immovable)
4. Can enter into contracts,
5. Can sue and can be sued.
Section 8:
Term of office of members:
A member is elected for a term of 5 years from the date of publication of his election
results.
If the State Bar Council fails to conduct elections and elect a new member before the
expiration of the term of office of the current member, then it can extend the term of office
of the current member for not more than 6 months.
Section 7:
Functions of the Bar Council of India
1. Lay down standards of professional conduct and etiquette for advocate
2. Lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of
each State Bar Council,
3. Safeguard the rights, privileges, and interests of advocates,
4. Promote the growth of Bar Association,
5. Promote and support of law reforms,
6. Exercise general supervision and control over the State Bar Council,
7. Promote legal education and lay down standards of legal education
8. Recognize universities whose degree in law shall be a qualification for enrollment as an advocate,
9. Visit and inspect universities,
10. Manage and invest funds of the Bar Council
11. Provide for the election of its members,
12. Conduct seminars and organize talks on legal topics by eminent jurists and publish journals,
13.Organize legal aid to the poor in the prescribed manner,
14. Perform all other functions conferred by it by or under this Act,
15. Do all other necessary things for discharging the aforesaid functions.
Bar Council of India may constitute one or more funds for the purpose of:
1. Financial assistance to provide welfare schemes
2. Giving legal aid or advice,
3. Establishing libraries related to law.
Bar Council of India may receive donations, grants, gifts, or beneficiaries and these shall be credited
to appropriate funds
COMMITTEES:
Section 8A:
Special Committee:
In case the State Bar Council fails to conduct elections or elect a new member before the expiry of the
term of the current member or the term continued after given the extension, then, it can constitute a
special committee consisting of the following members to discharge the functions of State Bar
Council until it is constituted. The members are:
1. Ex-officio member of the State Bar Council – to be the Chairman. If there are more than one
ex-officio members, then the member is chosen on the basis of the ageism factor, i.e., the
senior-most person shall be chosen as the chairman,
2. 2 members are nominated by the Bar Council of India amongst the advocates on the electoral
roll of the State Bar Council.
On the constitution of the Special Committee and until the State Bar Council is constituted:
1. All legal properties and assets of the State Bar Council are vested in the Special Committee
2. Rights, liabilities and obligations of the State Bar Council are vested in the Special Committee,
3. Proceedings pending before the State Bar Council stands transferred to the Special Committee.
The Special Committee is deemed to hold elections of the State Bar Council within a period of 6 months
from the date of its constitution. If it fails to do so, then the Bar Council of India may extend the period.
Disciplinary committee:
Section 9:
Bar Council shall constitute 1 or more disciplinary committees. Each committee shall consist of 3 persons:
1. 2 of them were elected by the Council from among its members.
2. Others co-opted by the council from its advocates who possess the required qualifications,
3. Senior most advocate amongst the members becomes the chairman.
Disciplinary committee set up before the commencement of the Advocates (Amendment) Act, 1964 can
dispose of all the pending proceedings before it.
Legal Aid Committee:
Section 9A:
Bar Council can set up one or more legal aid committees. The members should not be less than 5 and not more than
9. Method of selection of the legal aid, members will be as prescribed.
Other committees:
Section 10:
State Bar Council can establish and constitute the following committees:
1. Executive committee – consisting of 5 members, elected by the council from amongst its members
2. Enrolment committee – consisting of 3 members, elected by the council from amongst its members.
Bar Council of India can establish and constitute the following committees:
1. Executive committee – consisting of 9 members, elected by the council from amongst its members,
2. Legal Education committee – consisting of 10 members, 5 persons elected by the council from amongst its
members and the rest 5 persons co-opted by the council who are not members thereof.
State Bar Council and the Bar Council of India can together constitute any committee as it may deem fit.
Transactions:
Section 10A:
Bar Council of India shall meet at New Delhi or any other place as determined.
State Bar Council shall meet at its headquarters or any such place as determined.
Other committees except for the Disciplinary Committee shall meet at the headquarters of
the respective Bar Councils.
Every Bar Council and every committee except for the Disciplinary Committee observes a
rule of procedure in relation to the transaction of business at their meetings.
Disciplinary Committee constituted under Section 9 shall meet at time and place for their
business as prescribed.
ADMISSION AND ENROLMENT:
Section 24:
The section states that subject to the provisions of this Act, and the rules made thereunder, a person shall be
qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions:
1. 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
2. He has completed the age of twenty-one years,
3. He obtained a degree in law after the 12th 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,
 1. He fulfills such other conditions as may be specified in the rules made by the State Bar Council under this Chapter,
2. A person who has been an advocate, a vakil, a mukhtar, or a pleader for 3 years, or was entitled to be enrolled
under any law as an advocate of a high court,
3. A person was entitled as an advocate to practice law at any time before 1st December, 1961,
4. He is entitled to be listed as an advocate under any rule made by the Bar Council of India.
The Council’s Enrolment Committee may scrutinize a candidate’s 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.
An advocate, a vakil, or a pleader who is a law graduate may be admitted in the state roll if:
1. Makes an application for enrolment,
2. Fulfill the conditions as listed above.
Basic criteria:
Citizen of India- Article 5-11 of Indian Constitution
21 years of age- minimum-
Indian Council of Legal Aid Vs. BCI 1995
45years of maximum age for enrolment- ultra vires hence struck out
Section 25:
An application has to be submitted to the concerned State Bar Council in whose jurisdiction the advocate
is willing to practice
Section 26:
State Bar Council has the authority to dispose off any application in the prescribed manner. If the Bar
Council of India is satisfied about the fact that an advocate got his name enrolled on the grounds of
misrepresentation, fraud, undue influence then it can remove his name from the roll.
If the enrollment committee refuses the application of an advocate, it has to report it to the Bar Council of
India. When the enrollment committee of a State Bar Council has refused and denied the application of an
advocate, it has to report the same to other Bar Councils stating the reasons for dismissal along with the
name, address, and qualification.
Section 26 A:
The State Bar Council has the authority to remove an advocate’s name from the roll if he is dead or places a
request for the same
Section 27:
When application of an advocate is refused by one State Bar Council, no other State Bar Council can
entertain the application for the admission of the concerned person on its roll until and unless a previous
consent is acquired from both the State Bar Council which refused the application and the Bar Council of
India.
DISQUALIFICATION:
An advocate shall be disqualified on the basis of:
1. Conviction of an offense involving moral turpitude,
2. Conviction of an offense under the provisions of Untouchability (Offences) Act, 1955,
3. Dismissal or removal from employment or office involving moral turpitude.
The disqualification for enrollment ceases to have effect after 2 years have elapsed since the advocate’s
release, dismissal, or removal.
Nothing in this section applies to a person who is found guilty and is dealt with under the provisions of the
Probation of Offenders Act, 1958.

Addition disqualification:
Practising advocate if involved in other business- disqualified
If pursues full time regular employment- disqualified
SENIOR ADVOCATES:
Section 16:
Mainly there are two classes of advocates:
1. Senior,
2. Other.
If the Supreme Court or the High Court is of the view that the concerned advocate
possesses the necessary skills and qualification, special knowledge or experience in law.
Senior advocates are subject to certain restrictions in the interest of the legal profession.
An advocate of the Supreme Court who already was a senior advocate of that court
immediately before the appointment, shall be a senior advocate.
ADVOCATE ON RECORD
An Advocate on Record (AOR) is an advocate authorised under the Supreme Court Rules,
1966/2013, to act, plead, and file cases directly on behalf of a client in the Supreme Court. As per Order IV
of the Supreme Court Rules, 1966/2013, and Article 145(1) of the Indian Constitution, only an Advocate on
Record can file an appearance, act, or file a Vakalatnama (a document appointing an advocate to represent
the client) in the Supreme Court. If another advocate wishes to address the court, they must receive explicit
instructions from an AOR.
The Advocate on Record system is exclusive to the Supreme Court and is intended to ensure that
matters reaching the highest court in the country are presented by advocates with substantial experience,
training, and knowledge. The system aims to maintain a standard of quality and competence in the
proceedings handled by the Supreme Court, ensuring that only advocates who have passed a stringent
examination and fulfilled specific conditions represent cases at the highest level.
An Office in Delhi within 10 miles radius from Supreme court
Undertake to employ clerk
Non AOR can plead case on the instruction of AOR but cannot submit vakalatnama, give evidences
etc.
Only authorised AOR name appears on cause list, notices from court etc.
Balraj Singh Malik vs. Supreme court of India AIR 2012 DEL 79
Section 30 r/w rule 52 Supreme court rules preserves rule making power of Supreme court Under
Article 145 of the Constitution of India. Supreme court therefore empowered to decide the manner as
well as right to practise various classes of advocates before it.
But no new category of advocates like in Section 16 of the Act- senior advocates, other advocates
P.P Enterprises vs. Union of India 1982 SCC (Cr.) 341
Reasonable restriction/restraint means restraint imposed on the right should not be beyond the interest
of General public.
MISCONDUCT AND PUNISHMENT FOR MISCONDUCT
Misconduct is sufficiently comprehensive to include misfeasance as well as malfeasance and is
applied to the professional people, it include unprofessional acts even though they are not inherently
wrongful. The professional misconduct may consist the fact in any conduct, which tends to bring
reproach on the legal profession or to alienate the favourable opinion which the public should
entertain concerning it.
State of Punjab v Ram Singh
The supreme Court held that the term misconduct may involve moral turpitude, it must be
improper or wrong behaviour, unlawful behaviour, willful in character, a forbidden act, a
transgression of established and definite rule of action or code of conduct, but not mere error of
judgement, carelessness or negligence in performance of duty.
Sambhu Ram Yadav v. Hanuman Das Khatry
The Supreme Court has elucidated on the concept of ‘misconduct’, and its application. A
complaint was filed by the appellant against an advocate to the Bar Council of Rajasthan, that while
appearing in a suit as a counsel, he wrote a letter stating that the concerned judge, before whom the
suit is pending accepts bribes, and asked for Rs. 10,000 to bribe and influence the judge to obtain a
favourable order. The Disciplinary Committee, holding that the advocate was guilty if “misconduct”,
stated that such an act made the advocate “totally unfit to be a lawyer.” The Supreme Court,
upholding the finding of the Rajasthan Bar Council held that the legal profession is not a trade or
business. Members belonging to the profession have a particular duty to uphold the integrity of the
profession and to discourage corruption in order to ensure that justice is secured in a legal manner.
The act of the advocate was misconduct of the highest degree as it not only obstructed the
administration of justice, but eroded the reputation of the profession in the opinion of the public.
Noratanman Courasia v. M. R. Murali
The Supreme Court explored the amplitude and extent of the words “professional misconduct”
in Section 35 of the Advocates Act. The facts of the case involved an advocate (appearing as a litigant
in the capacity of the respondent, and not an advocate in a rent control proceeding) assaulted and
kicked the complainant and asked him to refrain from proceeding with the case. The main issue in this
case was whether the act of the advocate amounted to misconduct, the action against which could be
initiated in the Bar Council, even though he was not acting in the capacity of an advocate. It was
upheld by the Supreme Court that a lawyer is obliged to observe the norms of behavior expected of
him, which make him worthy of the confidence of the community in him as an officer of the Court.
Therefore, inspite of the fact that he was not acting in his capacity as an advocate, his behavior was
unfit for an advocate, and the Bar Council was justified in proceeding with the disciplinary
proceedings against him.
L.C Goyal v. Suresh Joshi
When an advocate collects money from his clients for court purposes and misuses it, it is called
misappropriation which amounts to professional misconduct. In this particular case, an advocate
(appellant in this case) misappropriated the money received as court-fee. The appellant had
misappropriated a sum of Rs. 25,491/-, for which the Honourable Supreme Court had held him guilty
of professional misconduct.
N.G. Dastane v. Shrikant S. Shind
The advocate of one of the parties was asking for continuous adjournments to the immense
inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for
postponing the examination of witnesses who were present without making other arrangements for
examining such witnesses is a dereliction of the duty that an advocate owed to the Court, amounting
to misconduct.
P D Khandekar v Bar Council of Maharashtra and Goa AIR 1984 SC 110
This court held that there is a world of difference between the giving of improper
legal advice and the giving of wrong legal advice. Mere negligence unaccompanied
by any moral delinquency on the part of a legal practitioner in the exercise of his
profession does not amount to professional misconduct.
Legal Practitioners Act 1879
Has not defined the word Misconduct. The word Unprofessional conduct is used in the act. Even
the Advocates Act 1961 has not defined the term misconduct because of the wide scope and
application of the term. Hence to understand the instances of misconduct we have to rely on decided
cases. Some of the instances of Professional misconduct are as follows,
1) Dereliction of duty
2) Professional negligence
3) Misappropriation
4) Changing sides
5) Contempt of court and improper behaviour before a magistrate
6) Furnishing false information
7) Giving improper advice
8) Misleading the clients in court
9) Non speaking the truth
10) Disowning allegiance to court
11) Moving application without informing that a similar application has been rejected by another
authority
12) Suggesting to bribe the court officials
13) Forcing the prosecution witness not to tell the truth.
Punishment for misconduct of Advocates:
Section 35 of the Advocates Act, 1961, deals with the Punishment of advocates for misconduct and talks about the
disciplinary powers of the State Bar Councils.
Section 35(2) states that –
● “Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll
has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee”.
Further, the disciplinary committee of a State Bar Council shall fix a date for the hearing of the case and shall cause a
notice thereof to be given to the advocate concerned and to the Advocate-General of the State. The disciplinary committee of
a State Bar Council after giving the advocate concerned and Advocate-General an opportunity of being heard may make its
decision on the matter.
 The Disciplinary Committee can make the following orders:-
● Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
● Reprimand the advocate;
● Suspend the advocate from practice for such period as it may deem fit;
● Remove the name of the advocate from the State roll of advocates.
Likewise, under section 36 of the Advocates Act, 1961, the Bar Council of India has
Disciplinary powers. The disciplinary committee of the Bar Council of India while disposing of any
case under this section shall observe the same procedure as laid down in section 35. With reference to
the Bar Council of India, while giving notice to the concerned advocate, it shall also be given to the
Attorney-General of India, which in the case of the State Bar Council is the Advocate-General of the
State.
Any person, who is aggrieved by an order of the disciplinary committee of a State Bar Council made
under section 35 or by the Advocate-General of the State, May, within sixty days of the date of the
communication of the order to him, appeal to the Bar Council of India, under section 37. Such appeal
shall be heard by the disciplinary committee of the Bar Council of India. Further, any person who is
still aggrieved by an order made by the disciplinary committee of the Bar Council of India under
section 36 or section 37 or the Attorney-General of India, as the case may be, he may within sixty
days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court
and the Supreme Court may pass such order (including an order varying the punishment awarded by
the disciplinary committee of the Bar Council of India) thereon as it deems fit.
DEFICIENCY IN SERVICE
Service is an intangible benefit availed by the consumer from the service provider.
Section 2(42) of consumer protection Act, 2019, service includes facilities relating to banking,
financing, insurance, telecom, processing, transport, etc and does not include free service but
only in paid form.
Under Section 2(11) of the Consumer Protection Act, 2019, “deficiency” is defined as any
imperfection, shortcoming, or inadequacy in the quality, nature, or manner of performance of a
service. This can occur when:
● A service provider fails to meet contractual or statutory obligations.
● There is willful negligence, omission, or concealment of crucial information.
● Services rendered fall below expected standards or fail to match what was promised.
Bar of Indian Lawyers v D.K. Gandhi PS National Institute of Communicable Diseases and
Anr.
Held: that advocates would not be covered under the ambit of Consumer Protection Act, 1986
(“CPA 1986”), as re-enacted by the Consumer Protection Act 2019 (“CPA 2019”) Until the
said decision, there was no definite pronouncement on the concerned issue.
This verdict overruled the National Consumer Disputes Redressal Commission (“NCDRC”)
decision in D.K. Gandhi PS v M. Mathias wherein it was ruled that if there was any deficiency
in the services rendered by the lawyers, a complaint under the Consumer Protection Act, 1986,
would be maintainable
The very purpose and object of the Consumer Protection Act 1986 as re-enacted in 2019 was to
provide protection to the consumers from unfair trade practices and unethical business practices,
and the Legislature never intended to include either the Professions or the services rendered by
the Professionals within the purview of the said Act of 1986/2019. The Legal Profession is sui
generis i.e. unique in nature and cannot be compared with any other Profession. A service hired
or availed of an Advocate is a service under “a contract of personal service,” and therefore,
would fall within the exclusionary part of the definition of “Service” contained in Section 2 (42)
of the CP Act 2019. A complaint alleging “deficiency in service” against Advocates practising
Legal Profession would not be maintainable under the CP Act, 2019
State of UP and Ors v UP State Law Officer Association and Ors AIR 1994 SC 1654
Having regard to the element of nobility in the profession observed that the legal profession stood on a much
different footing than other professions. Furthermore, the Court did not take a myopic view and delineated that an
advocate’s role is not just limited to providing services to a client, instead they don multiple duty caps. The duty of
an advocate is not just limited to the client or their opponent, but they also have a paramount duty to assist the court.
The nobility and uniqueness of the profession can be gauged by the fact that lawyers are considered as intellectuals
among the elites and social activists among the downtrodden. Furthermore, the distinct character of advocacy as a
profession is marked by the stellar and incomparable role played by it in strengthening one of the three pillars of
Democracy.
Jacob Mathew vs. State of Punjab & Anr. (2005) 6 SCC
This Court laid down the standard to be applied to judging. To determine whether a professional has been negligent
or not, she has to be judged like an ordinary competent person exercising ordinary skill in that profession. It is not
necessary for every professional to possess the highest level of expertise in that branch which she practices.
LIABILITY AND REMEDY
An Appeal against the order of the Disciplinary Committee may be preferred to the Bar Council
of India under Section 37 and thereafter to the Supreme Court of India against the order of the
Bar Council of India under the Section 38 of Advocate Act, 1961.
The Advocate Act provides remedies against the order of punishment. An advocate aggrieved
by the order of Disciplinary Committee can evoke the following remedies -

1) Review
2) Revision
3) Application for Stay
4) Appeal
1) Review :

It is provided in Section 44 of the Advocates Act,1961. By virtue of this Section the Disciplinary Committee of Bar
Council of its own motion or otherwise reviews any order, within 60 days of the date of order passed by it under this
Chapter. However, no such order of Review of the Disciplinary Committee of a State Bar Council shall have effect,
unless it has been approved by the Bar Council of India.
According to Section 48-AA of the Bar Council of India or any of its Disciplinary Committee, may on its own
motion or otherwise, review any order, within 60 days of the date of that order, passed by it under the Advocate Act
1961.
The procedure for making review application is given in chapter II, Part VII of the rules of the Bar Council of India.
It is in the form of petition duly signed and supported by an affidavit accompanied by prescribed fee and certified
copy of the order, complained of.
2) Revision Section. 48-A (Amendment 1964 )
1) The Bar Council of India may, at anytime call for the record of proceeding under this Act which has
been disposed of by the State Bar Council or a Committee thereof, and from which no appeal lies, for the
purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in
relation thereto as it may think fit.
2) No order which prejudicially affects any person shall be passed under this section without giving a
reasonable opportunity of being heard.
3) Application for Stay
According to Section 40(1) of the Advocate Act,1961, an Appeal made under Section 37 or Section 38
shall not operate as a stay of the order appealed against, but the Disciplinary Committee of India and the
Supreme Court as the case may be, may for sufficient cause direct the stay of such order on such terms and
conditions as it may deem fit. Rule 29 of chapter I Part VII of the Bar Council of India Rules provides that an
application for stay shall be accompanied by an affidavit and the fee prescribed by the Bar Council of India.
4) Appeal
A) Appeal to the Bar Council of India
B) Appeal to Supreme Court
A) Appeal to the Bar Council of India -

In case the order of punishment has been passed by the Disciplinary Committee of the State Bar
Council, an Appeal may be preferred to the Bar Council of India under Section. 37 of the Advocates
Act,1961. It provides that any person aggrieved by an order of the Disciplinary Committee of a State
Bar council made under Section 35, of the Advocate-General of State may, within 60 days of the date
of the communication of the order to him, prefer an appeal to the Bar Council of India. Under Section
37(2), every such Appeal shall be heard by the Disciplinary Committee of the Bar Council of India
which may pass such order including an order varying the punishment awarded by the Disciplinary
Committee of the State Bar Council thereon as it deemed fit ;
Provided that no order of the Disciplinary Committee of the State Bar Council shall be varied by the
Disciplinary Committee of the Bar Council of India so as to prejudicially affect the person aggrieved
without giving him a reasonable opportunity of being heard.
 DIRECTORATE OF LEGAL EDUCATION
The Bar Council of India Vide their Resolution No.115/2012 have resolved to constitute a Directorate
of Legal Studies and Law Reforms as well as Legal Education Committee.
Functions:
1. To monitor the All India Bar Examination;
2. Continued Legal Education;
3. Educational programmes in various centers of Legal Education and court premises;
4. Moot Court competitions at National and international levels;
5. Scholarships to students;
6. Discussions/ seminars on various issues
7. Reforms in Legal Field, and to discuss any other issues assigned to it by the Bar Council of India.
The gist of the discussion and the resolutions of the Directorate are to be placed before the Legal
Education Committee of Bar Council of India or before Bar Council of India for necessary action and
final decision.
Director-in-chief of the Directorate and legal education committee- sitting Judge of Hon’ble Apex court-
Members
● 3 Hon’ble sitting Judges of different High Courts including that of a Delhi High court
● Attorney General for India
● Solicitor General of India,
● Vice- Chancellors of 3 National Law Schools;
● Reputed Senior Advocates of Supreme Court of India;
● some retired Judges and the
● Secretary, Ministry of Law and Justice, Department of Legal Affairs
● Other academicians of the country are also invited as a special invitee of the Director at the time
of its meeting.
The Directorate and Legal Education Committee discuss and deal:
● continuing Legal Education,
● Teacher’s Training,
● advanced specialized courses,
● education programme for students,
● seminars and workshops,
● legal research and all other issues,
● revision of curriculum for the law Courses etc.
The Bar Council of India itself is taking care of Legal Education, Continuing
Legal Education for development of professional skills, and undertakes training
programmes and workshops for young lawyers frequently.
ALL INDIA BAR EXAM

Statutory powers of BCI

● To supervise the centres of legal education functioning all over the country and the students

enrolled therein, inter-alia by laying down the standards of curriculum, standards of

infrastructure, number and qualification of faculties, recognition of centres of legal education
(Law Schools/Colleges) based upon the standards laid down by BCI and;

● To prescribe a uniform qualification for the admission of persons to be advocates and to

further regulate the entry and overall conduct of Advocates in the profession by laying down
standards of professional conduct and etiquettes for advocates.
 Section 7 of Advocates Act provides for the functions of the Bar Council of India, subsection 1(c)
whereof provides for laying down standards of professional conduct and etiquette for advocates and
sub-section 1(d) mandates to safeguard the rights, privileges and interests of advocates.
Section 7(1)(h) of the Advocates Act, 1961 provides for promotion of legal education and to lay down
the standards of such education.
Section 7(1)(m) further vests BCI with the power to do all other things necessary for discharging the
functions enumerated under Section 7 of the Act.
Section 10(2)(b) confers the power upon BCI to constitute a Legal Education Committee.
Sections 16 – 28 under Chapter III of the Advocates Act prescribe the admission and enrollment of
Advocates and the power of the BCI and State Bar Councils to frame Rules in this regard.
Section 49 (ag) of the Act provides that the BCI may make rules for discharging its functions under
this Act to prescribe the Class and Category of persons entitled to be enrolled as an Advocate.
Part IV of the BCI Rules provides for Rules on standards of legal education and recognition of degrees in
law
The most significant achievement of this entire exercise has been the introduction of the Bar
Examination. First Bar Examination was conducted in July-August, 2010 by a specially
constituted independent body, consisting of experts of various disciplines of national stature.
Bar Council of India, in compliance with the directions passed by the Hon'ble Supreme
Court- Bar council of India vs. Bonnie FOI Law college has framed the Bar Examination
Rules under the provisions of Section 49(i) (ah) of the Advocates Act, 1961, which enable
the Bar Council of India to frame rules prescribing the conditions subject to which an
advocate shall have the right to practice and the circumstances under which a person shall be
deemed to practice as an advocate in a court. The said Rules have been framed by the Bar
Council after exhaustive deliberations with various stakeholders and consideration of
representations made by numerous students currently pursuing a degree in law.
30th April 2010- Bar Council of India Rules, 2010
2014- Certificate of practice and renewal rules, 2014- certificate of practice within 6 months
After june 2010- AIBE exam
2015- BCI Certificate and place of practice (verification) Rules, 2015- practising and non practising
advocates- non-practising adv- barred from benefit of welfare schemes
Case law: rules go against V.Sudeer vs. BCI
2022- upheld BCI power to conduct AIBE
23.9.2024: Registration for AIBE final year
Eligibility:
Final year, final sem candidates- without backlogs
Passed 3 year/ 5 year but not obtained law degree
Passed out obtained degree but not enrolled
Having enrolled surrendered enrolment certificate
LEGAL EDUCATION AMENDMENT RULES, 2016
Rule 48 to Rule 53 in Chapter VII of the Legal Education Rules, 2008.

Rule 49:Classification: Assistant professor, Associate professor, Professor, Faculty members-

includes teaching staff(may be assigned), Lecturer- fulltime, part time

Chapter VIII: Rule 50: Core faculty- comprise essential faculty members- full time

Eg: If Constitutional law specialisation filled in Contract law vacancy shall not be deemed
to be fulfilling the conditions

Rule 51: Total strength calculated: total core faculties, work load given
Chapter IX: Rule 53: Minimum Qualification
Arts, Social Sciences, Humanities, Science, Commerce, languages, Law, Management,
Engineering and Technology:
Assistant professor: (i) at least 55% marks in the aggregate or equivalent Grade (such as, B+)
or Cumulative Grade Point Average (CGPA) in a defined scale, Provided that LL.M. course
with one year duration introduced by the UGC in and are allowed to be one of the minimum
essential qualification for Assistant Professorship as at present, shall not be considered as one of
the essential qualification unless supported by and supplemented with M.Phil. degree. But One
year LL.M excluded (ii) Good academic record in all public examinations throughout academic
career having similar percentage of marks or Grade or Cumulative Grade Point Average in a
given scale; and (iii) Clearance of National Eligibility Test (NET) conducted by the UGC, CSIR
or similar test accredited body by the UGC like SET/SLET, Provided that in case of Law, such a
Test conducted by Bar Council of India for the purpose, if any, shall prevail.
Associate professor
Essential qualification and experience: (i) Consistently good academic record leading to Ph.D.
Degree in the concerned subject/specialization; (ii) a Consistently good academic record shall mean
that in all public examination starting from School leaving Certificate till the Master degree in the
subject with not less than 55% marks or with equivalent Grade or CGPA, in case of Management
Science 60% or its equivalent Grade; (iii)A minimum of eight years teaching and/research
experience in a position of Assistant Professor or equivalent, which shall not include years of
research leading to Ph.D. degree; (iv) publication of at least five papers in peer group reviewed
National and International journals and publishing books as evidence of academic contribution or
creativity; and (v) a minimum score as stipulated in the Academic Performance Indicator (API)
based on Performance based Appraisal System (PBAS) set out in UGC Regulations, 2010 in its
annexure and put here in the Annexure
Professor/Dean
Essential qualification and experience: (i) same as in case of in case of Associate Officer; (ii)same
as in case of Associate Professor; (iii) a minimum of 15 years of experience in
teaching/research/academic administration in a University or/and in any of its affiliated College
or/and Research Institute or research Centre, wholly or in parts (iv) guided successfully at least two
scholars for Ph.D. , and published at least eight papers in singular or as joint authorship in peer
group reviewed national or international journals; (v) same as in the case of Associate Professor
Rule 54:Pay and allowance as per UGC norms

Rule 55: Senior Legal Practitioners having at least 15 years’ experience in the District Court or at the High Court
may be invited to join as Part time lecturer/Professor as the case may be, on the basis of payment of honorarium per
lecture or otherwise as may be prescribed by the competent authority and mutually agreed upon.

Rule 56 : Composition of the Selection Committee: The Selection Committee for faculty positions in law in each
University and its centres for legal studies (affiliated institutions) shall comprise one expert member to be nominated
by the Bar Council of India. The Bar Council of India may nominate one or more expert members, one of whom
shall be invited by the University to attend to such selection committee meetings.

Rule 58: Appointment of Principal: Whereas University shall appoint Dean, Head of the Department as per
University Act, Statutes, Regulations and Ordinance, other Centres of Legal Educational Institutions including
colleges shall have a Principal who shall be the Chief Executive of the Institution and who shall have the
qualification and experience of a Professor of Law and to be appointed in the scale of pay as prescribed or as
mutually agreed upon.

Rule 59: Dispute Resolution Body: The University/Centre for Legal Education may appoint a Dispute Resolution
Body for settling any dispute between the administration and the faculty. However, the Vice Chancellor or any of his
authorized body shall be the highest appellate body in case the Dispute Resolution Body’s decision is not acceptable
to a disputant.
 CONTEMPT OF COURTS ACT, 1971
Contempt of court may be said to be constituted by any conduct that tends to bring the authority and administration of
law into disrespect or disregard or to interfere with or prejudice parties litigation or their witness during litigation.

Definition: The Contempt of Courts Act, 1971

Section 2(b) provides 'civil contempt' means willful disobedience to any judgment, decree, direction, order, writ, or
other processes of the court or willful breach of an undertaking given to the court.

Section 2 (c) provides 'criminal court' means publication of any matter or doing of any act which:

Scandalous Or Lowers The Authority Of The Court.

Prejudice Or Interfere With The Due Course Of Any Judicial Proceedings.

Interfere Or Obstructs The Administration Of Justice.

Article 129: The Supreme Court shall be a court of record and The Supreme Court shall have all the power to
punish contempt of itself.

Article 215: The High Court shall be a court of record and High Courts shall have all the power to punish
contempt of itself.

In Delhi Judicial Service.. vs State Of Gujarat And Ors. (1991) the Supreme Court observed that: Article
129 provides that the Supreme Court shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself. Article 215 contains a similar provision in respect of the
High Court. Both the Supreme Court as well as High Courts are courts of record having powers to punish for
contempt including the power to punish for contempt of itself. The Constitution does not define "Court of
Record". This expression is well recognized in juridical world.

Punishment for committing Contempt of Court (U/S 12): A contempt of court shall be punished with an
imprisonment which may extend to six months or with a fine which may extend to two thousand rupees or with
both provided that the accused may be discharged or the punishment awarded may be remitted on a bonafide
apology being made to the satisfaction of the Court. The apology shall be made in a good faith and it should be
made at the earliest opportunity possible which satisfies the court for the punishment to be remitted and the
apology should not merely be made for escaping the punishment.
Defences in civil contempt:
1. Disobedience or breach of the undertaking was not wilful.
In civil contempt the following preconditions are necessary:
- There must be judgment, order, decree, direction, writ or an undertaking given to the court.
- There must be disobedience to such judgment etc on breach of undertaking.
- Disobedience must be wilful.
1. If the contemnor proves that there was no willful disobedience or the breach, he may be absolved
from liability of civil contempt. The court is free to presume the intention of the person through his act. It
is upon the court to decide whether there was a breach of any undertaking given to the court, which was
willful or not.
2. The order has been passed without jurisdiction: If the order disobeyed is proved to have been passed by
a court without jurisdiction or if there has been any kind of violation, been proved but under no
jurisdiction, the same would amount to contempt. The order passed without jurisdiction is void and void
orders binds nobody. The burden to prove that the court which has passed the order had no jurisdiction to
pass, lies on the person who alleges it.
3. Order disobeyed is vague and ambiguous.: It would be a defence in contempt proceedings that the order
is vague and ambiguous. An order is considered vague if it was not specific and complete. For initiating
contempt proceedings for disobeying, the order is required to be specific and complete because a contempt
petition based on the implication of the order is not likely to succeed. A person may take the plea that the
terms of the order are ambiguous. Court had made it clear that if the direction in order of court depends on
certain other facts and such facts are left undefined by the order, the order will be taken as ambiguous and
its violation will not amount to contempt of court.
5. Order involves more than one reasonable interpretation: If the court's order involves more than one
reasonable and rational interpretation and the respondent adopts one of them and acts by such interpretation, he
can't be liable for contempt.

6. Compliance with the order is impossible: If the contemnor can prove that the order for compliance is
impossible to comply with due to many reasons, he will not be liable for contempt of court. It can be stated that
order is not practically possible to be executed due to parity of time or circumstances beyond the control.

7. No knowledge of the order: A person can't be held guilty of contempt in infringing an order of a court of
which he knows nothing or where an order of status quo is passed by the court but the party continues the work
before receiving the order and also he has no actual knowledge of order, he will not be liable. Similarly, if the
court passes an order, requiring a party to do a specific action within the time specified but the order is served to
the party after the expiry of the time so specified, noncompliance with the order will not amount to contempt. If
a person concerned deliberately evades service of the order, he can't escape liability on the ground that the order
was not formally served on him.

8. Alternative Remedy available: Since contempt jurisdiction is an extraordinary one, it should not be used
whenever an alternative remedy is available.
Defences in Civil Contempt:
1. Reporting of Fair Judicial Proceedings and Fair Criticism of Judicial Act (U/S 4 and 5): A
person cannot be held guilty of Contempt of Court for publishing a fair and accurate report of
Judicial Proceedings and publication of fair and positive criticism of Judicial Act shall not constitute
Contempt of Court under the act.
2. Statement Against presiding officer in good faith (U/S 6): Any statement against the presiding
officer of a subordinate court in good faith cannot amount to contempt of court. Subordinate Court
means any court subordinate to the High Court.
3. Fair Reporting of In-Camera Court Proceedings (U/S 7): No person shall be guilty of Contempt
of Court for publishing a fair and accurate reporting of in-camera judicial proceedings, unless:
4. Contempt Committed in the presence of Supreme Court or High Court (U/S 14):
As per section 14(1) of the Act when the court is of the view that contempt has been committed in its
presence or during its hearing then the court may cause that person to be detained in custody and the
person detained shall be informed in writing with the Contempt with which he is charged and shall
also be given an opportunity to make his defence. As per section 14(2) of the Act when a person is
guilty of committing Contempt of Court in the presence of the Court or during the hearing of the
Supreme Court or High Court then the alleged accused guilty of contempt shall not be tried by the
same judge in whose presence the contempt is alleged to have been committed.