KNews Desk: Bar Council of India i.e. BCI is one of the major statutory bodies regulating the advocacy profession in the country. From the professional conduct of lawyers to the standards of legal education, the role of BCI is very important. In the recent NALSAR controversy, the Supreme Court has made important comments regarding the powers of BCI and their limitations. The court clarified that BCI or any State Bar Council does not have the authority to take disciplinary action against a law student before he becomes a lawyer. In such cases, the concerned university or educational institution plays a role.
When was BCI established and who are its members?
The Bar Council of India was established under Section 4 of the Advocates Act, 1961. As per law, BCI has one member elected from each State Bar Council. Apart from this, the Attorney General and Solicitor General of India are its ex-officio members.
The primary function of BCI is to set standards of professional conduct and etiquette for lawyers, determine standards of legal education and regulate important matters relating to the legal profession in the country.
Lawyers do not directly elect BCI
It is important to understand the election process of BCI, because lawyers across the country do not directly elect the BCI or its chairman. This process starts from the state level and goes upwards.
First level: Election to the State Bar Council
First of all the members of the State Bar Council are elected. Under the Advocates Act, 15 members are elected to the State Bar Council with up to 5,000 voters. If there are more than 5,000 and up to 10,000 voters, 20 members are elected and if there are more than 10,000 voters, 25 members are elected.
This election is done through proportional representation and single transferable vote i.e. STV system. The voter can choose the candidates in the order of his choice. There is also a provision in the law that about half of the elected members should be those who have at least 10 years' experience as advocates on the state list.
Second Level: From State Bar Council to BCI
After the formation of the State Bar Council, its members elect a representative from among themselves to the BCI. That is, no common lawyer directly votes for the BCI member, but first elects the members of the State Bar Council and then the elected members select the representative of BCI from among themselves.
Third level: Election of BCI Chairman
After reaching BCI, the Chairman and Vice Chairman are elected by the members of BCI from among themselves. This means that the BCI Chairman is not directly elected by lawyers across the country by voting.
What did the Supreme Court say on the powers of BCI?
In the NALSAR case, the Supreme Court has clarified the limits of the powers of BCI. The court said that BCI or the State Bar Council does not have the authority to take disciplinary action against a law student before he becomes a lawyer. In such cases, the concerned university or educational institution can take action.
However, once a person enters the profession as a lawyer, the role of BCI and State Bar Council becomes important regarding his professional conduct.
Supreme Court's comment regarding BCI Chairman also
On September 2, 2026, the Supreme Court also made important comments regarding the tenure of BCI Chairman Manan Kumar Mishra. The court said that he will remain in the role of interim chairman till the elections of the new BCI.
The Supreme Court directed the new State Bar Councils to elect the Chairman, Vice Chairman, other office-bearers and BCI representative within three weeks after the announcement of the new team. The court also said that the Attorney General and Solicitor General should be involved in major policy decisions of BCI.
Thus, the BCI has wide powers in matters relating to the legal profession and legal education, but the NALSAR case has also made it clear that its powers are within the limits prescribed by law.