THE BAR COUNCIL OF INDIA:

The Bar Council of India is a statutory body created by Parliament to

regulate and represent the Indian bar. It performs the regulatory
function by prescribing standards of professional conduct and
etiquette and by exercising disciplinary jurisdiction over the bar. It also
sets standards for legal education and grants recognition to
Universities whose degree in law will serve as qualification for
enrolment as an advocate.

In addition, it performs certain representative functions by protecting

the rights, privileges and interests of advocates and through the
creation of funds for providing financial assistance to organise welfare
schemes for them.

HISTORY:

After the Constitution of India came into force on January 26, 1950,
the Inter-University Board at its annual meeting held in Madras,
passed a resolution stressing the need for an all-India bar and
emphasising the desirability of having uniformly high standards for
law examinations in different Universities of the country in view of the
fact that a Supreme Court of India had been established.

In May 1950, the Madras Provincial Lawyers Conference held under

the presidency of Shri S. Varadachariar resolved that the Government
of India should appoint a committee for the purpose of evolving a
scheme for an all-India Bar and amending the Indian Bar Councils Act
to bring it in conformity with the new Constitution.

At its meeting held on October 1, 1950, the Bar Council of Madras

adopted that resolution.

1951

Shri Syed Mohammed Ahmad Kazmi, a Member of Parliament,

introduced a comprehensive bill, on April 12, 1951, to amend the
India Bar Councils Act.
 The Government of India took the view that in the changed
circumstances of independence, a comprehensive Bill sponsored by
the Government was necessary. In August 1951, the then Minister of
Law announced on the floor of the House that the Government of
India was considering a proposal to set up a Committee of Inquiry to
go into the problem in detail.

The Committee was constituted and asked to examine and report on:

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

whole of India,

2. The continuance or abolition of the dual system of counsel and

solicitor (or agent) which obtains in the Supreme court and in the
Bombay and Calcutta High Courts,

3. The continuance or abolition of different classes of legal

practitioners, such as advocates of the Supreme Court,
advocates of the various High Courts, district court pleaders,
mukhtars (entitled to practice in criminal courts only), revenue
agents, and income-tax practitioners,

4. The desirability and feasibility of establishing a single Bar Council

for

a) the whole of India and

b) for each State,

5. The establishment of a separate Bar Council for the Supreme

Court,

6. The consolidation and revision of the various enactments

(Central as well as State) relating to legal practitioners, and

7. All other connected matters.

This All India Bar Committee was headed by the Honble Shri S. R.
Das, Judge, Supreme Court of India.
1953

The All India Bar Committee submitted its detailed report on March
30, 1953. The report contained the proposals for constituting a Bar
Council for each state and an All-India Bar Council at the national
level as the apex body for regulating the legal profession as well as
to supervise the standard of legal education in India.

Meanwhile, the Law Commission of India had been assigned the

job of preparing a report on the reforms of judicial administration.

1961

To implement the recommendations of the All-India Bar Committee

and taking into account the Law Commissions recommendations
relating to the legal profession, a comprehensive Advocates Bill
was introduced in the Parliament which resulted in the The
Advocates Act, 1961.

The Bar Council of India was established by Parliament under the

Advocates Act, 1961.

FUNCTIONS OF BCI

The following statutory functions under Section 7 cover the Bar

Councils regulatory and representative mandate for the legal
profession and legal education in India:

i. To lay down standards of professional conduct and etiquette for

advocates.

ii. To lay down procedure to be followed by its disciplinary committee

and the disciplinary committees of each State Bar Council.

iii. To safeguard the rights, privileges and interests of advocates.

iv. To promote and support law reform.

v. To deal with and dispose of any matter which may be referred to it

by a State Bar Council.
 vi. 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.

vii. To recognise 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.

viii. To conduct seminars and talks on legal topics by eminent jurists

and publish journals and papers of legal interest.

ix. To organise legal aid to the poor.

x. To recognise on a reciprocal basis, the foreign qualifications in law

obtained outside India for the purpose of admission as an
advocate in India.

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

xii. 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 organise 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.

VARIOUS COMMITTEES UNDER BCI

 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.

Set out in brief here are the structure, composition, authorities,

responsibilities, and other details of some of the Bar Council of Indias
committees:

1. 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:
a) To make recommendations to the Council for laying down
the standards of legal education for Universities.
b) To visit and inspect Universities and report the results to the
Council.
c) To recommend to the Council the conditions subject to which
foreign qualification in law obtained by persons other than
citizens of India may be recognised.
d) To recommend to the Council for recognition of any degree
in law of any University in the territory of India.
e) To recommend the discontinuance of recognition of any
University already made by the Council.
2. 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.
3. 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:

a) To manage the funds of the Council,

b) To invest the funds of the Council in the manner directed by the Council
from time to time,
c) To grant leave to members of the staff, other than casual leave,
d) To prescribe books of account, registers and files for the proper
management of the affairs of the Council,
e) To appoint and supervise the work of the members of the staff and
prescribe their conditions of service
f) To appoint auditors and fix their remuneration,
g) To consider the annual audit report and place it before the Council with its
comments for its consideration,
h) To maintain a library and under the directions of the Council, publish any
journal, treatise or pamphlets on legal subjects,
i) To prepare and place before the Council, the annual administration report
and the statement of account,
j) To provide for proper annual inspection of the office and its registers,
k) To authorise the Secretary to incur expenditure within prescribed limits,
l) To fix travelling and other allowances to members of the committees of
the Council, and to members of the staff,
m) To delegate to the Chairman and/or the Vice-Chairman any of its
aforementioned powers,
n) To do all other things necessary for discharging the aforesaid functions.
4. 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.
Other committees include Legal Aid Committee, Building
Committee, Rules Committee, Special Committee (Oversee
Committee), Finance Committee, All India Bar Examination
Committee

The Company Law Board

The Company Law Board is an independent quasi-judicial body in India

which has powers to overlook the behaviour of companies within the
Company Law

The Company Law Board (CLB) has jurisdiction, which was earlier being
exercised by the High Court or the Central Government.

The Board has powers to regulate its own procedures. The Company
Law Board has framed Company Law Board Regulations 1991
prescribing the procedure for filing the applications/petitions before it.

Justice Deshmukh is the current serving Chairman of Company Law

Board.

The Central Government has also prescribed the fees for making
applications/petitions before the Company Law Board, under the
Company Law Board, (Fees on applications and Petitions) Rules 1991.
The Board has its Principal Bench at New Delhi, and four Regional
Benches located at New Delhi, Mumbai, Kolkata and Chennai.
Any person aggrieved by any decision or order of the Company Law
Board may file an appeal to the High Court within sixty days from the
date of communication of the decision or order of the Company Law
Board to him on any question of law arising out of such order.

The matter falling under sections 247, 250, 269, 388B of the Companies
Act, 1956 are being dealt with by the Principal Bench. The matter falling
under sections 58AA, 79/80A, 111/111A, 113/113A, 117, 117C, 118, 144,
163, 167, 186, 196, 219, 235, 237(b),247, 250, 284, 304, 397/398, 408,
409, 614 and 621A of the Companies Act, 1956 and section 45QA of the
Reserve Bank of India Act, 1934 are dealt with by Regional Benches,
namely New Delhi Bench, Kolkata Bench, Mumbai Bench and Chennai
Bench consisting of one or more member.

As per the Companies Act of 2013, CLB was to be wound up and taken
over by National Company Law Tribunal NCLT, which would have
replaced the current system of resolution of company-related matters

Setting up of NCLT is held up due to a writ petition in the Supreme

Court. The petition has challenged certain eligibility conditions for NCLT
members.

NCLT will not only replace CLB, but also handle cases currently with the
high courts, the Board for Industrial and Financial Reconstruction and
the Appellate Authority for Industrial and Financial Reconstruction.
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (ICAI)

The Institute of Chartered Accountants of India (ICAI) is a statutory body

established under the Chartered Accountants Act, 1949 (Act No. XXXVIII
of 1949) for the regulation of the profession of Chartered Accountants in
India.

During its 64 years of existence, ICAI has achieved recognition as a

premier accounting body not only in the country but also globally, for its
contribution in the fields of education, professional development,
maintenance of high accounting, auditing and ethical standards. ICAI
now is the second largest accounting body in the whole world.

The Institute has five regional offices viz-

o Central (CRO)
o Eastern (ERO)
o Northern (NRO)
o Southern (SRO)
o Western (WRO)