The Indian Bar Councils Act, 1926 was a landmark legislation that laid the foundation for regulating the legal profession in India before the enactment of the Advocates Act, 1961. It provided for the constitution of Bar Councils in various High Courts and set the stage for the legal framework we follow today.
Historical Background of the Indian Bar Councils Act, 1926
- Before 1926, there was no statutory body to regulate lawyers in India.
- Advocates were admitted and enrolled by respective High Courts under various inconsistent rules.
- The need for a uniform system led to the passing of the Indian Bar Councils Act, 1926.
- It was based on recommendations of the Chamier Committee.
Objectives of the Indian Bar Councils Act, 1926
- To establish Bar Councils for each High Court.
- To define the functions and powers of the Bar Council.
- To regulate the admission, enrollment, and conduct of advocates.
- To introduce a self-regulatory mechanism for the legal profession.
- To establish a standard of professional ethics and discipline.
Key Provisions of the Act
1. Constitution of Bar Councils
- One Bar Council for each High Court.
- Composed of:
- The Advocate General (ex-officio Chairman),
- Elected members from the advocates practicing in the High Court,
- Nominated members by the High Court.
2. Powers and Functions of Bar Councils
- Enroll advocates on the roll of the High Court.
- Disciplinary authority over the advocates.
- Make rules for the conduct of advocates.
- Assist in reforming legal education and profession.
3. Right to Practice
- Only persons enrolled by a Bar Council could appear and plead before courts.
- Advocates had to conform to ethical and professional standards.
4. Disciplinary Control
- Bar Councils were given powers to inquire into misconduct of advocates.
- Enabled advocates to be suspended or removed from the rolls upon proven misconduct.
Impact and Legacy of the Indian Bar Councils Act, 1926
- First statutory recognition to the self-regulation of legal professionals.
- Encouraged the formation of a professional legal community.
- Provided a platform for advocates’ representation and participation in governance.
- It remained in force until it was repealed and replaced by the Advocates Act, 1961.
Repeal and Replacement
- The Advocates Act, 1961 repealed the Indian Bar Councils Act, 1926.
- The new Act provided for the creation of the Bar Council of India and State Bar Councils.
- It consolidated and modernized the legal profession.
Important Case Law
- Srinivas Rao v. Bar Council (1956)
This case emphasized the autonomous disciplinary power of the Bar Council under the 1926 Act, laying the foundation for modern legal ethics enforcement.
