3[(1)] The functions of the Bar Council of India shall be
(a) lOmitted by Act 600f1973
(b) to lay down standards of professional conduct and etiquette for advocates;
(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;
(d) to safeguard the rights, privileges and interests of advocates;
(e) to promote and support law reform;
(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;
(g) to exercise general supervision and control over State Bar Councils;
(h) to promote legal education and to lay down standards of such education in consultation with the universities in India imparting such education and the State Bar Councils;
(i) to recognise universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect universities; 2[or cause the State Bar Councils to visit and inspect universities in accordance with such directions as it may give in this behalf;]
4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;]
G) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(I) to perform all other functions conferred on it by or under this Act;
(m) to do all other things necessary for discharging the aforesaid functions.
1[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of
(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf; 2[(c) establishing law libraries.]
(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.]

COMMENTS

The Bar Council is an autonomous body constituted under the Act and has to lay down standards of professional conduct and etiquette for advocates and, therefore, the court is not justified in exercising its inherent powers and prohibiting the advocate engaged by two persons from appearing for either on the ground th'at a conflict of interest has arisen between the persons who engaged the advocate.-1964 (1) Cri LJ 89 (AP)

The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar.

COMMENTS

None of the functions of the Bar Council of India mentioned in section 7 authorise paralising of the working of courts in any manner. Disciplinary jurisdiction over advocates though vested in Bar Council, final authority is with Supreme Court. Thus even if Bar Councils do not rise to the occasion and perform their duties by taking disciplinary action on a complaint from a client against an advocate for non-appearance by reason of a call for strike or boycott, on appeal the Supreme Court can and will take action.- Ex Capt. Harish Uppal v. Union of India, AIR 2003 SC 739

(1) The term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election:

PROVIDED that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order for reasons to be recorded in writing, extend the said term for a period not exceeding six months.

COMMENTS

Sec. 8 limits the term of office-bearers of a Council to five years and no more during which it should complete the process of election for next term.-1987 All we 440 SA.

(1) Where a Sta te Bar Councilfails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of:


(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of section 3 to be the Chairman:
PROVIDED that where there are more than one ex officio members, the senior most amongst them shall be the Chairman; and

(ii) two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act.


(2) On the constitution of the Special Committee and until the State Bar Council is constituted:


(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;
(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;
(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee.


(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1), and where, for any reason the Special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.]