Advocates Act, 1961
Statutory Limits of the Bar Council of India's Powers
The Bar Council of India is a statutory body constituted under the Advocates Act, 1961. Section 7 of the Act enumerates its functions — including laying down standards of professional conduct for advocates, exercising general supervision over State Bar Councils, and promoting legal education — but confers no express power to regulate or discipline law students who have not yet enrolled as advocates. The Court's ruling turns on this textual gap: the Act's disciplinary machinery (Section 35, disciplinary committees under Section 9) is designed for enrolled advocates, not students.
- Section 7 — functions of the BCI, including standard-setting for the legal profession and promoting legal education, but not disciplining students
- Section 24 — lays down the qualifications for enrolment as an advocate (law degree + other conditions); a person only becomes subject to BCI/State Bar Council jurisdiction after satisfying Section 24 and being enrolled
- Section 35 — disciplinary jurisdiction over "advocates on its roll" for professional or other misconduct; applies only post-enrolment, not to students
- Section 49 — BCI's rule-making power, used to frame rules such as the Bar Council of India Rules and the joint UGC-BCI Rules of Legal Education, 2008 governing law schools
● Tracked since February 19, 2026 · last seen September 03, 2026 · updates as the daily brief publishes
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