2[48 B. Power to give directions
(1) For the proper and efficient discharge of the functions of a State Bar Council or any committee thereof,
the Bar Council of India may, in the exercise of its powers of general supervision and control, give such
directions to the State Bar Councilor any committee thereof as may appear to it to be necessary, and the
State Bar Councilor the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council
of India may, without prejudice to the generality of the foregoing power, give such directions to the ex
officio member thereof as may appear to it to be necessary, and such directions shall have effect, not with standing
anything contained in the rules made by the State Bar CounciL].
49. General power of the Bar Council of India to make rules
3[(1)] The Bar Council of India may make rules for discharging its functions under this Act, and in
particular, such rules may prescribe:
4[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar
Council, including the qualifications or dis-qualifications of voters, and the manner in which an electoral
roll of voters may be prepared and revised by a State Bar Council;]
(ab) qualifications for membership of a Bar Council and the qualifications for
such membership;
(ac) the time within which and the manner in which effect may be given to the
proviso to sub-section (2) of section 3;
(ad) the manner in which the name of any advocate may be prevented from being
entered in more than one State roll;
(ae) the manner in which the seniority among advocates may be determined;
l[(af) the minimum qualifications required for admission to a course of degree in
law in any recognized university;]
(ag) the class or category of persons entitled to be enrolled as advocates;
(ah) 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;]
(b) the form in which an application shall be made for the transfer of the name
of an advocate from one State roll to another;
(c) the standards of professional conduct and etiquette to be observed by
advocates.
(d) the standards of legal education to be observed by universities in India and
the inspection of universities for that purpose;
(e) the foreign qualifications in law obtained by persons other than citizens of
India which shall be recognized for the purpose of admission as an advocate
under this Act;
(f) the procedure to be followed by the disciplinary committee of a State Bar
Council and by its own disciplinary committee;
(g) the restrictions in the matter of practice to which senior advocates shall be
subject;
1 [(gg) the form of dresses or robes to be worn by advocates, having regard to the
climatic conditions, appearing before any court or tribunal;]
(h) the fees which may be levied in respect of any matter under this Act;
2[(i) general principles for guidance of State Bar Councils and the manner in
which directions issued or orders made by the Bar Council of India may be
enforced;]
G) any other matter which may be prescribed:
3[PROVIDED that no rules made with reference to clause (c) or clause (gg) shall
have effect unless they have been approved by the Chief Justice of India]:
4[PROVIDED FURTHER that] no rules made with reference to clause (e) shall have
effect unless they have been approved by the Central Government.
3[(2) Not with standing anything contained in the first proviso to sub-section (1), any rule made with
reference to clause (c) or clause (gg) of the said sub-section and in force immediately before
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until
altered or repealed or amended in accordance with the provisions of this Act.]
COMMENTS
The rules framed by the Bar Council of India have a mandatory effect so far as the qualifications for
admission to the roll of advocates is concerned. It is open to the university to run a law course purely
for an academic purpose, but if it proposes to run a professional law course, it has no option but to implement
the new law course provided by the Rules framed by Bar Council of India.-(1986) 27 (1) Guj LR 604.
This section merely empowers the Bar Council to frame rules laying down conditions subject to which an advocate shall
have a right to practise. However, Art. 145 of the Constitution of India empowers the Supreme Court to make rules for
regulating this practice and procedure of court including inter alia rules as to persons practicing before Supreme
Court.-Ex Capt. Harish Uppal v. UOI, AIR 2003 SC 739.
Inspite of specific directions from Bar Council of India and university not to make any admissions, the law college
took risk to admit students. Non-approval of admissions by BCI and university and consequently prohibiting student
of such unrecognized college from appearing at examinations is not unreasonable or arbitrary.-Ennomuri Subharao v.
Bar Council of India AIR 2004 NaG 239 (Kant.)
Evidence on behalf of bank was examined by advocate and several documents were produced. Suit was decreed in its favour
ex parte. More fact that no evidence was adduced by defendant cannot be a ground for denial of claim of full advocate
fees under Rule 6(2) of Kerala Advocate Fees Rules.-State Bank of India v. Kerala Electricals and others AIR 2004 Kerala
204.
After designation as senior advocate, senior counsel ceases to be counsel for the purpose of filing pleading,
representing and engagement by a client. Senior advocate is not supposed to file vakalatnama of any client or
any application in his own hand-writing. Conduct of senior advocate signing restoration application and got
affidavit sworn by clerk attached to him is deprecated.-Brij Lal Patel v. U.P. State Agro Industrial Corporation
AIR 2004 AI/178.
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