Professional Ethics

MODULE 4

Contempt of Court Overview

Definition

Contempt of Court refers to actions that disrespect or defy the authority, dignity, or orders of a court,
undermining the administration of justice.

Provisions

 Governed by the Contempt of Courts Act, 1971.

 Article 129: Empowers the Supreme Court to punish for its contempt.

 Article 215: Empowers High Courts to punish for their contempt.

Types

1. Civil Contempt: Wilful disobedience to court orders, judgments, or decrees (e.g., ignoring an
injunction).

2. Criminal Contempt: Acts that scandalize or lower the court’s authority, interfere with
judicial proceedings, or obstruct justice (e.g., defamatory statements about judges).

Why Needed

 Maintains the court’s authority and public confidence in the judiciary.

 Ensures compliance with court orders for smooth justice delivery.

 Deters interference with judicial processes.

Case Law

 Rahul Gandhi Contempt Case (2019): BJP leader Meenakshi Lekhi filed a contempt plea
against Rahul Gandhi for misattributing his “Chowkidar chor hai” slogan to the Supreme
Court in the Rafale case. Gandhi offered an unconditional apology, accepted by the Court,
which closed the case, stressing accurate representation of court rulings.

 Prashant Bhushan Contempt Case (2020): The Supreme Court took suo motu action
against Prashant Bhushan for two tweets: one alleging the last four Chief Justices contributed
to democracy’s destruction, and another criticizing the Chief Justice for riding a costly
motorcycle during a court “lockdown.” Bhushan was held guilty of criminal contempt for
scandalizing the judiciary, fined ₹1, with a default penalty of three months’ imprisonment and
a three-year practice ban. He paid the fine but upheld his tweets as bona fide criticism.

Punishment

 Section 12 of Contempt of Courts Act, 1971: Imprisonment up to 6 months, fine up to

₹2,000, or both.

 Courts may accept a sincere apology to remit punishment.

MODULE 3

Law as a Noble Profession

Justification

The legal profession is noble due to its pivotal role in promoting justice, protecting rights, and serving
society. Key reasons include:

1. Upholding Justice: Lawyers ensure fairness by advocating for the innocent and
marginalized, as seen in public interest litigations, maintaining societal order.

2. Protecting Fundamental Rights: They safeguard constitutional rights, like equality and
liberty, as exemplified in Kesavananda Bharati v. State of Kerala (1973), preserving
individual dignity.

3. Ethical Duty and Integrity: Governed by the Bar Council of India Rules, lawyers uphold
honesty and confidentiality, earning public trust.

4. Service to Society: Through pro bono work and social reform advocacy, like in Prashant
Bhushan Contempt Case (2020), lawyers prioritize public welfare.

5. Facilitating Dispute Resolution: By resolving conflicts through advocacy or mediation,

lawyers foster peace and stability.

6. Suggestions to law makers: They suggest improvement of reforms in existing laws.

Need for Professional Ethics in the Legal Profession

Need for Professional Ethics in the Legal Profession

Professional ethics are essential rules that guide lawyers to act with honesty, fairness, and
responsibility. In India, these are outlined in the Bar Council of India Rules and Advocates Act,
1961. They ensure the legal profession remains respected and effective. The need for professional
ethics is explained below:

1. Promoting Justice: Ethics ensure lawyers work honestly to support fair outcomes, preventing
misuse of the law.
2. Building Public Trust: Ethical behavior, like keeping clients’ secrets, makes people trust
lawyers and the justice system.
3. Ensuring Fair Work: Ethics require lawyers to represent clients properly without cheating or
lying, leading to fair trials.
4. Maintaining Respect: Honest and respectful conduct keeps the legal profession honorable
and admired.
5. Guiding Tough Choices: Ethics help lawyers make right decisions in difficult situations, like
balancing client needs with public good.
6. Preventing Misconduct: Ethics stop lawyers from abusing their power, such as delaying
cases or acting unfairly.
7. Preventing Abuse of Power: Ethics curb misuse, like frivolous litigation, ensuring judicial
efficiency.

Preparation of a Case and Fees of an Advocate

Preparation of a Case:

o Research: Advocates must study the facts, pleadings (e.g., plaints, written
statements), and applicable laws (e.g., IPC, CPC, CrPC, Evidence Act).

o Evidence: Analyze documentary and oral evidence; prepare for examination and
cross-examination of witnesses.

o Strategy: Identify the strongest legal and factual arguments; anticipate

counterarguments and weaknesses.

o Courtroom Skills: Mastery of presentation, clarity in arguments, and adherence to

procedural norms (e.g., filing deadlines, court etiquette).

o Client Interaction: Regularly update clients, explain legal options, and obtain
instructions.

Fees of an Advocate:

o Determination:

 Fees depend on the advocate’s experience, reputation, and the case’s

complexity (Rule 11).

 No fixed scale, but must be reasonable and commensurate with services

rendered.

Ethical Restrictions:

 No Contingency Fees: Advocates cannot link fees to the case’s outcome

(Rule 20), distinguishing the profession from a business.

 No Undercutting: Charging significantly less than peers to attract clients is

unethical and undermines professional standards.

 Transparency: Clients must be informed of fees upfront; disputes should be

resolved amicably or through Bar Councils.

Refusal to Accept Briefs in the Legal Profession

Refusal to accept briefs refers to a lawyer’s choice to decline a case or client representation. Governed
by professional ethics under the Bar Council of India Rules and Advocates Act, 1961, this decision
must align with fairness and justice. The need for ethical guidelines in refusal is critical for the
following reasons:

1. Freedom to Choose: Lawyers can refuse briefs unless court-appointed, giving them
autonomy to select cases that match their expertise or values, but this must be ethical.

2. Avoiding Conflicts: Ethics require refusal if a conflict of interest exists, like representing
opposing parties, to ensure impartial and loyal representation.

3. Ensuring Competence: Lawyers should decline cases beyond their skills to provide effective
representation, protecting clients’ rights and judicial fairness.

4. Moral Grounds: A lawyer may refuse a case that conflicts with personal ethics (e.g.,
defending unethical acts), but only if the refusal is non-discriminatory.
 5. Preventing Frivolous Cases: Ethics discourage taking up baseless cases meant to harass or
delay, preserving court time and resources.

Under-Cutting

 Definition: Deliberately charging lower fees than prevailing rates to gain a competitive edge
or attract clients.

 Ethical Issue:

o Undercutting devalues the profession, fosters unhealthy competition, and

compromises service quality.

o It violates the principle that fees should reflect an advocate’s standing and the case’s
demands.

 Prohibition: While not explicitly mentioned in BCI Rules, it is implied under the duty to
maintain professional dignity and fairness (Rule 36).

 Consequence: Persistent undercutting may be treated as misconduct, inviting disciplinary

action.

Bar Against Soliciting Work and Advertisement

The Bar Council of India (BCI) Rules, specifically Rule 36, prohibit advocates from soliciting work
or advertising their services, ensuring the legal profession remains a noble pursuit focused on justice
rather than commercial gain. Rule 36 (BCI Rules): Advocates are barred from soliciting work or
advertising, whether directly (e.g., personal appeals, circulars) or indirectly (e.g., through agents,
media, or touts). Restrictions include:

o No use of intermediaries to procure clients.

o Signboards/nameplates must be modest, stating only the advocate’s name and

designation (e.g., “Advocate”).

o No mention of specializations, past roles (e.g., “Former Judge”), or affiliations unless

approved by the BCI.

Modern Context: A 2008 amendment to Rule 36 allows advocates to maintain websites with basic
details like name, contact, qualifications, and areas of practice, subject to BCI approval and a
disclaimer. However, social media promotions, paid advertisements, or influencer endorsements are
strictly prohibited to prevent commercialization.

DSK Legal Case (2025): The BCI issued a show-cause notice to DSK Legal for a promotional video
featuring Bollywood actor Rahul Bose, posted on Instagram to mark the firm’s 20th anniversary. The
video included staff statements and Bose’s endorsement, claiming clients’ “blind faith” in the firm.
The BCI cited a violation of Rule 36, as the video constituted indirect advertising through celebrity
endorsement. The notice demanded immediate removal of the video, proof of compliance, a written
explanation within 10 days, and an undertaking to avoid future violations. Non-compliance could lead
to disciplinary action under Section 35 of the Advocates Act, 1961, including suspension or
cancellation of licenses. DSK Legal removed the video, highlighting the BCI’s strict stance against
modern marketing tactics.

MODULE -1
HISTORY

India’s legal system has a long and complex history shaped by religion, culture, and politics. In
ancient times, laws were tied to religious texts and community customs. Later, British rule brought
Western legal principles and structures. After gaining independence in 1947, India adopted a
democratic constitution and created a strong judicial system. The Supreme Court became the highest
authority, and the Advocates Act, 1961 and Bar Council of India were introduced to regulate legal
education and the legal profession.

Evolution of the Legal Profession in India

1. Ancient Period

 Based on Religion: Laws came from texts like the Vedas, Upanishads, and Manusmriti.
Brahmins advised rulers on legal and ethical issues.

 Justice by Kings and Panchayats: Kings and local leaders (like village panchayats) settled
disputes using customs and moral values.

 No Formal Legal System: There were no licensed lawyers or judges; respected individuals
handled legal matters informally.

 In India during the earlier period, people live in small groups. The head of these groups or
tribes delivered justice under the open sky before all the members. There was no specialist
like a lawyer during those days. When kingship was established, the king delivered justice.
King was advised by his councilors. The law of those days was rooted in Hindu religion and
custom.
From the stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise
men who solved the critical cases of those days. During those days, the sufferer presented
complaints before the king and the king with the help of his religious heads and wise courtier
delivered the judgment.

2. Medieval Period

 Islamic Influence: Sharia law was introduced during the Delhi Sultanate and Mughal Empire.
Introduced Qazis system(Islamic judges) handled many cases

 Blended Legal Systems: Hindu and Islamic laws coexisted.

 Mughal Reforms: Emperors like Akbar established centralized courts and promoted fairness
through policies like Sulh-i-Kul (universal tolerance).

British Period (Late 18th Century – 1947)

During the British period, the model legal system was developed in India. Before 1726, the courts
derived their power, not from the British Crown but the East India Company.

1. Charter of 1726

1. Charter of 1726:
The year 1726 marked the beginning of a new phase in the evolution of
judicial institutions in India. The mayor's courts were established in the
 presiding towns of Bombay, Calcutta, and Madras, they were the royal courts.
The courts heard all civil suits, action pleas between parties, they followed the
procedure based on English law. But there were no facilities to get the legal
training. Many persons who do not know law were used to practice before the
said courts. The Mayor's court has no jurisdiction in criminal cases. The
criminal jurisdiction was conferred on the governor.

2. Charter of 1753:
It was issued to modify the charter of 1726. This charter also ignored
significant provisions for legal training and education relating to legal
practitioners and as such, after this charter also the legal profession was not
organized.

3. Charter of 1774:
The British crown issued a charter in 1774 by which the Supreme Court of
judicature was established at Calcutta. Clause 2 of the Charter empowered
the said Supreme Court to approve and enroll advocates and Attorney-at-law.
The Supreme Court had powers to remove any advocate or Attorney on
reasonable cause.
Even the Charter of 1774 didn't provide for the appearance of the Indian Legal
Practitioners to appear and to plead before the Supreme Court.
'Advocate' means British and Irish Barristers.
'Attorney' means the British Attorney or Solicitor.

Regulating Act of 1773 & Charter Act of 1781

These Acts were passed to reduce conflicts between the Supreme Court and the Company’s council.

4. Clearly defined the jurisdiction of the courts and ensured a better balance of power.

5. The Bengal Regulation Act of 1793:

This act for the first time provided for a regular legal profession for the
company's court. Under the regulation, only Hindu AND Muslims were entitled
to be enrolled as pleaders.

6. Indian High Courts Act, 1861:

Under this act, The British Crown issued the Charter to establish one High
Court in each presidency town. The civil Courts were organized in provinces
also subsequently.

7. Legal Practitioners Act, 1879:

It was enacted to consolidate and amend the law relating to legal
practitioners. It provided that an Advocate or vakil on the roll of any high
Court can practice in all the courts subordinate to the courts on the role of
which he was entered. According to this act, the High court was empowered
to make rules consistent with the act as to suspension and dismissal of
pleaders and mukhtars. Pleaders and Mukhtars were the Indian lawyers, but
advocates were to be the barristers.

8. Indian Bar Committee 1923:

It was constituted under the Chairmanship of Sir Edward Charminar. It was to
consider the issue of the organization of the bar on an Indian basis. The
committee didn't favor the establishment of the All-India Bar Council. It was of
the view that a bar council should be constituted for each High Court. The
committee suggested that in all High Court a single grade of the practitioner
should be established, and they should be called Advocates. Further
 suggested that the Bar committee should have the power to enquire matters
calling for the disciplinary action against a lawyer and High Court should be
given disciplinary power to punish the guilty.

9. Indian Bar Council Act, 1926:

To give effect to some of the recommendations of the Indian Bar Committee
1923, The Indian Bar Council Act was enacted in 1926. The main purpose of
the act was to provide for the constitution and incorporation of the Bar
Council for certain courts, to confirm powers and impose duties on such
councils and also to consolidate and amend the law relating to legal
practitioners of such courts. A provision was made in the act for the
establishment of the Bar council for every high court. Every Bar Council was
to consist of 15 members. Four of such members were to be nominated by the
concerned High Court and 10 of them were to be elected by the Advocates of
the High Court from amongst themselves.

🧾 All India Bar Committee, 1951 – Overview, recommendations, impact

 Headed by S. R. Das Rau, a retired judge of the Supreme Court.

 Identified several problems:

o Lack of uniform regulation of lawyers across states.

o Multiple categories of practitioners (vakils, pleaders, etc.).

o Absence of a central authority to regulate the profession.

RECOMMENDATIONS

1. Unified All India Bar

 Recommended the creation of a single class of legal practitioners, called advocates,

eliminating distinctions like vakils, pleaders, and mukhtars.

 Advocates would have the right to practice in all courts throughout India.

2. Establishment of Bar Councils

 Proposed the establishment of an All India Bar Council and State Bar Councils.

 These councils would regulate legal education, enrollment, conduct, and discipline of
advocates.

3. A Single Roll of Advocates

 Each State Bar Council would maintain a roll of advocates, and the Bar Council of India would
have a common roll.

 Only those enrolled in these rolls would be allowed to practice law.

4. Independent and Self-Governing Bar

 Bar Councils would be autonomous bodies, free from governmental control, run by elected
advocates.

 They would handle disciplinary matters and maintain professional standards.

5. Qualifications and Legal Education

 Advocates must hold a law degree from a recognized university and pass the Bar Council
examination.

 Emphasis on improving legal education standards, coordinated by Bar Councils and

universities.

6. Disciplinary Control

 Bar Councils to have exclusive jurisdiction over professional misconduct cases, with the right
to appeal to a Tribunal or the Supreme Court.

✅ Impact of the All India Bar Committee

1. Enactment of the Advocates Act, 1961

 The Advocates Act, 1961 was passed largely based on the AIBC's recommendations.

 It unified the legal profession and created a common structure for lawyers across India.

2. Creation of the Bar Council of India (BCI)

 The BCI became the apex statutory body to regulate legal education, standards of
professional conduct, and advocate discipline.

 State Bar Councils were also formed under the Act.

3. One Nation, One Legal Profession

 The earlier fragmented system of vakils, pleaders, and advocates was abolished.

 All legal practitioners became “advocates”, with uniform rights and duties.

4. Standardization of Legal Education

 BCI took charge of approving law colleges, designing curriculum standards, and overseeing
exams.

 Introduced a more uniform and rigorous legal education system.

5. Improved Professional Standards

 Through the Bar Councils, norms for ethics, dress code, client confidentiality, and court
decorum were enforced.

 Disciplinary powers helped regulate professional behavior.

📌 Importance of the Committee

Legal Reform Transformed colonial legal structures into a democratic framework.

Uniformity Eliminated confusion and ensured a standardized profession.

Autonomy Empowered lawyers to govern their own profession.

Ethics & Discipline Introduced professional accountability mechanisms.

National Mobility Promoted a pan-India legal identity for advocates.

🧾 Advocates Act, 1961 – objectives,features,importance

 Enacted by the Parliament of India and came into effect on 19th May 1961.

 It was introduced to unify and regulate the legal profession across the country.

 Based largely on the recommendations of the All India Bar Committee (1951).

🎯 Objectives of the Advocates Act, 1961

1. Unification of Legal Profession:

o Abolish distinctions between various types of legal practitioners like vakils, pleaders,
mukhtars, etc.

o Introduce a single class of legal professionals – Advocates.

2. Regulation through Independent Bodies:

o Establish Bar Councils at the national and state level to supervise and manage the
profession.

3. Standardization of Legal Education:

o Ensure uniform standards in legal education across India through the Bar Council of
India (BCI).

4. Set Ethical Standards:

o Lay down a code of conduct for advocates and mechanisms to deal with
professional misconduct.

5. Ensure Professional Mobility:

o Give advocates the right to practice anywhere in India, including in the Supreme
Court.

📋 Key Features of the Advocates Act, 1961

1. Establishment of Bar Councils:

o Sets up the Bar Council of India (BCI) at the national level and State Bar Councils to
regulate and represent the legal profession.

2. Unified Legal Profession:

o Abolishes various categories like pleaders and vakils, and creates a single class of
legal practitioners called "Advocates".

3. Right to Practice:
 o Provides advocates the right to practice in any court or tribunal across India,
including the Supreme Court.

4. Enrollment of Advocates:

o Lays down eligibility criteria and procedures for enrolling advocates on the State Bar
Council rolls.

5. Disciplinary Control:

o Establishes disciplinary committees in Bar Councils to handle cases of professional

misconduct and impose penalties.

6. Regulation of Legal Education:

o Authorizes the BCI to set standards for legal education and recognize law
colleges/universities across India.

🌟 Importance of the Advocates Act, 1961

 Replaced multiple systems with a unified legal profession.

 Created autonomous Bar Councils, ensuring independence and self-governance.

 Improved quality and uniformity in legal training.

 Allowed advocates to practice law in any part of the country.

 Introduced mechanisms to enforce ethical behavior and penalize misconduct.

 Helped make law a respected, professional, and accountable field.

 Promoted legal aid and helped strengthen democracy by ensuring rights are protected.

Need for the Advocates Act, 1961

1. Fragmented Legal System Pre-1961

 Multiple categories of practitioners (pleaders, vakils, revenue agents, etc.).

 No uniform qualification or practice rights.

2. Lack of Central Regulation

 Before the Act, there was no central regulatory body to supervise legal education or the
conduct of advocates.

3. Inconsistent Educational Standards

 Legal education was poorly regulated and varied across universities and states.

4. Colonial Hangover

 The profession was governed by colonial laws like the Legal Practitioners Act, 1879, and
the Indian Bar Councils Act, 1926, which were outdated.

5. Growing Demand for Self-Regulation

  Post-independence India required a modern, unified, and self-regulated legal profession to
support democracy and justice.

composition, powers, duties, and functions of the State Bar Council (SBC) and the Bar Council of
India (BCI) under the Advocates Act, 1961,

✅ State Bar Councils (SBC)

🔹 Section 3 – Composition:

One State Bar Council for each state or group of states.

 Ex-Officio Member:

o Advocate General of the State.

 Elected Members:

o Advocates elected from the state’s roll of practicing lawyers.

o Number of elected members:

 15 members: If less than 5,000 advocates on roll.

 20 members: If between 5,000 and 10,000.

 25 members: If more than 10,000.

 Chairman and Vice-Chairman:

Elected from among the elected members of the State Bar Council.

🔹 Section 6 – Functions of SBC:

1. To enroll advocates on the State Roll.

2. To prepare and maintain the State Roll of advocates.

3. To promote legal education and law reforms in the state.

4. To safeguard the rights and interests of advocates.

5. To support welfare schemes for members (e.g., insurance, pensions).

6. To conduct disciplinary proceedings for professional misconduct (via Disciplinary

Committees – Section 35).

7. To promote legal aid to the poor and organize legal literacy.

🔹 Powers and duties

  Grant or refuse enrollment of advocates (Section 24).

 Section 17, 20: Maintains and updates the list of practicing advocates. Can remove names
from the roll in cases of disqualification or death.

 Section 35: Inquires into complaints of professional misconduct against advocates. May take
disciplinary actions, such as reprimand, suspension, or disbarment.

 Promotes legal education and reforms the curriculum in coordination with universities and
the Bar Council of India.

 Protects professional rights and interests of advocates, ensuring their dignity and
independence.

 Provides welfare schemes for advocates, such as pensions and medical aid. Also, organizes
free legal aid for the underprivileged.

 Section 15: Frames rules for elections, governance, and conduct of meetings within the State
Bar Council.

 Section 6: Manages funds from enrollment fees and advocates’ contributions. Can create and
manage an Advocates’ Welfare Fund.

✅ Bar Council of India (BCI)

🔹 Section 4 – Composition:

 Ex-Officio Members:

o Attorney General of India

o Solicitor General of India

 Elected Members:

o One member is elected by each State Bar Council from among its elected members.

 Chairman and Vice-Chairman:

o Elected by the members of the BCI from among themselves.

 The total number of members depends on the number of State Bar Councils in existence.
However, only those elected by State Bar Councils participate in decisions (ex-officio
members do not vote).

🔹 Section 7 – Functions of BCI:

A. Regulatory Functions:

 Frame rules for standards of professional conduct, dress code, and ethics for advocates.
  Prescribe standards of legal education in consultation with universities and State Bar
Councils.

 Lay down curriculum for legal studies and Recognize law degrees from Indian and foreign
universities for enrollment purposes.

B. Disciplinary Functions:

 Constitute a Disciplinary Committee to hear appeals against State Bar Council decisions.

 Supervise and guide State Bar Councils in disciplinary matters.

C. Administrative and Representative Functions:

 Organize seminars, legal aid programs, moot courts, and law reform initiatives.

 Maintain a common roll of advocates across India.

 Promote legal research and update legal literature through publications.

 Safeguard the rights, privileges, and interests of advocates.

💼 3. Powers and Duties of BCI

 Make rules governing the Minimum qualifications and standards for law colleges.

 Conduct All India Bar Examination (AIBE) for law graduates before they are allowed to
practice.

 Cancel recognition of law colleges that do not meet prescribed standards.

 Act as a central appellate authority for disciplinary cases from State Bar Councils.

 Frame rules for professional ethics, dress code, and legal practice (Section 49).

 Supervise the functioning of State Bar Councils (Section 6(2)).

 Take disciplinary action in appeal cases (Section 36B, 37).

COMMITTES ESTABLISHED BY BAR COUNCIL

The Bar Council of India, under Section 7 of the Advocates Act, 1961, is empowered to constitute
various standing and special committees to carry out its multifaceted functions

1. Disciplinary Committee

(Section 9, Advocates Act, 1961)

Composition:

 3 members from among the elected members of the BCI.

 One member must have at least 10 years of standing as an advocate.

Powers and Duties:

 Hears appeals against orders of State Bar Councils' disciplinary committees.

  Has the authority to:

o Dismiss the complaint,

o Reprimand the advocate,

o Suspend the advocate for a fixed period, or

o Remove the advocate’s name from the roll.

 Exercises quasi-judicial powers, similar to those of a civil court under the Civil Procedure
Code.

2. Legal Education Committee

Composition:

 5 members:

o Legal experts, members of the BCI,

o Co-opted academicians or university representatives.

Powers and Duties:

 Prescribe standards for legal education across India.

 Recommend recognition or derecognition of universities and law colleges.

 Conduct periodic inspections and assessments of law institutions.

 Advise universities and UGC on improving legal education.

3. Executive Committee

Composition:

 9 members elected by the BCI from among its members.

Powers and Duties:

 Handles the day-to-day affairs and management of BCI.

 Executes the decisions and resolutions passed by the full council.

 Approves staff appointments, procurement, budgeting, and resource allocation.

 Prepares annual reports and financial statements.

 Sanctions expenditures, maintains accounts.

4. Rules Committee

 Draft and revise rules and regulations under the Advocates Act.

 Suggest reforms on:

 o Professional ethics and conduct

o Dress code for advocates

o Disciplinary procedures

o Enrollment criteria

5. Advocates Welfare Committee

 Formulate and implement welfare schemes for advocates:

o Insurance

o Pension

o Disability assistance

 Allocate grants and loans to State Bar Councils for welfare-related expenses.

6. Legal Aid Committee

 Promote and coordinate legal aid services nationally.

 Collaborate with National Legal Services Authority (NALSA).

 Encourage law students and young advocates to take up pro bono work.

 Organize legal literacy camps and awareness drives.

7. Other Committees (As Needed)

 Library and Publication Committee: Manages BCI library and journals.

 Seminar and Training Committee: Organizes workshops, lectures, and training.

 Law Reform Committee: Recommends legal and judicial reforms.

 Website and IT Committee: Maintains digital resources and updates.

🏢 COMMITTEES OF STATE BAR COUNCILS

1. Disciplinary Committee

(Section 9, Advocates Act, 1961)

Composition:

 3 members elected by the State Bar Council.

 One member must have at least 10 years of legal practice.

Powers and Duties:

  Conduct inquiries into cases of professional or other misconduct of advocates on the State
Roll.

 Has the power to:

o Dismiss complaints,

o Suspend or reprimand advocates,

o Remove advocate’s name from the roll.

 Issues notices, holds hearings, examines evidence like a civil court.

 Decisions are appealable before the BCI.

2. Enrollment Committee

Composition:

 3 elected members from the State Bar Council.

 Examine applications for enrollment of law graduates.

 Verify law degrees, internship compliance, and other eligibility conditions.

 Approve or reject enrollment applications.

 Forward data of enrolled advocates to the BCI.

3. Executive Committee

Composition:

 5 to 7 elected members (number may vary by state).

 Execute decisions of the full council.

 Manage finance, staff, and office administration.

 Supervise day-to-day operations of the State Bar Council.

 Approve expenditures, legal aid activities, training, and seminars.

4. Legal Aid Committee

 Implement state-level free legal aid programs.

 Ensure access to justice for marginalized and weaker sections.

 Collaborate with District Legal Services Authorities (DLSAs) and NGOs.

5. Advocates Welfare Committee

  Manage the Advocates Welfare Fund established under the Advocates Welfare Fund Act,
2001.

 Maintain records of beneficiary advocates and fund status.

6. Library and Publication Committee

 Maintain legal reference libraries for advocates.

 Purchase and distribute journals, digests, and law books.

 Facilitate online legal databases and digital libraries.

7. Other Committees (varies by state)

 Building and Infrastructure Committee: Oversees construction and maintenance of Bar

Council offices.

 Grievance Redressal Committee: Addresses complaints from advocates or the public.

 Gender Sensitization and Harassment Committee: Handles complaints related to sexual

harassment or gender bias.