The Bar Council of India regulates and represents the Indian bar. It was established under the Advocates Act of 1961 to prescribe standards for professional conduct and ethics, and exercises disciplinary control over lawyers. The BCI has committees that oversee legal education, discipline, and executive functions. Some issues facing the profession include fabrication of evidence, violating ethics, and settling cases for money. The BCI works to combat deviance through its Disciplinary Committee, which has powers like a civil court to summon people, require documents, and issue commissions to examine witnesses. It can punish lawyers for misconduct under the Advocates Act. Reforming legal education and making the system more client-friendly could help improve the image of lawyers.
1. Role of BCI for combat
deviance by lawyers
Shivam.jh.chokshi
Roll no.7
2. Introduction of BCI
The Bar Council of India is a statutory body that
regulates and represents the Indian bar.
The Bar Council of India was established under
section -4 of the Advocates Act,1961.
It prescribes standards for professional conduct,
etiquettes, and exercises disciplinary jurisdiction
over the bar.
The members of BCI are:
1.The Attorney General of India, ex officio,
2. The Solicitor General of India, ex officio,
3. Main functions of BCI
1. To lay down standards of professional conduct
and etiquette for advocates.
2.To promote and support law reform
3.To safeguard the rights, privileges and interests
of advocates.
4.To exercise general supervision and control
over state Bar Council.
4. Committee of BCI
• There are three main committee of Bar
Council of India:-
1.Legal Education Committee
2.Disciplinary Committee
3.Executive Committee
5. Deviance created by Advocates.
• Legal Profession is a noble profession. Lawyers can perform well if
they maintain certain ethical moral standards. But Today in India
the lawyers profession is not looked with much respect .
• Deviances created by lawyers are :
1. Fabrication of false Evidence.
2. Violating professional ethics.
3. Settlement of case in consideration of huge sum of money by
lawyers.
4. Manage opposite lawyers by payment of money.
5. Chamber Practice
6. IO and Medical officers managed with the lawyers to win their
case.
6. Role of Bar Council of India Combat
deviance by lawyers.
• Disciplinary Committee of Bar Council of India
plays an important role in combating deviance by
lawyers.
• Chapter-V of the Advocates Acts,1961 deals with
the conduct of Advocates.
• Section35:Punishment of Advocates for
misconduct.
• Section.36: Disciplinary powers of Bar Council of
India.
• Section.37: Appeal to the Bar Council of India.
7. Powers of Disciplinary Committee
• Section 42 of the Advocates Act,1961 deals with
the powers of Disciplinary committee.
• The powers of Disciplinary Committee is same as
that of Civil court.
1. Summoning and enforcing the attendance of any
person and examining him on oath,
2.Requiring discovery and production of any
documents.
3.issuing commission for the examination of
witness
8. Cases
1. P.D.GUPTA V.RAM MURTI AND ANR.(purchase
of the property in dispute of the client)
2.ALLAHABAD BANK V. GIRISH PRASAD
VERMA(Non filing of the case with a nominal
court fee)
3.SURENDRA NATH MITTAL V. DAYA NAND
SWAROOP(manipulation of decree)
9. Difference between contempt of court
vis a vis Professional misconduct.
• Professional misconduct Contempt of Court.
1.It applies only to 1. It applies to both
Lawyer.
2.Cross examination is 2. It is limited.
Allowed.
3.Principle of Nautral 3. It will be applicable.
Justice will not be
applicable
case: Suo moto Enquiry v. Nand lal balwani
10. SUGGESTIONS
• To play a constructive role in the administration
of legal system.
• Forums like. COJA,FJA,FIAT that works on legal
reform should be encouraged.
• The legal system should be client friendly.
• Legal education should be improved.
• To improve the image of the lawyer in the society.