Question

General power of the Bar Council of India to make rules is envisaged under which Section of the Advocates Act, 1961

• A. S.15
• B. S.49
• C. S.II-2
• D. S.IV A

Hint:

In the Advocates Act, 1961, distinguish between the powers of the State Bar Councils and the Bar Council of India. Section 15 deals with rule-making by State Bar Councils, while Section 49 deals with the general and more extensive rule-making power of the Bar Council of India.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The Advocates Act, 1961, is the primary legislation governing the legal profession in India. It establishes the Bar Council of India (BCI) and State Bar Councils and grants them powers to regulate the profession. This includes the power to make rules.
Step 2: Detailed Explanation:
The power to make rules under the Advocates Act, 1961, is divided between the State Bar Councils and the Bar Council of India.
- Section 15 grants the power to a Bar Council (referring to State Bar Councils) to make rules to carry out its functions under the Act, such as rules for elections.
- Section 49 grants the Bar Council of India the general power to make rules for discharging its functions under the Act. This power is very wide and includes the authority to make rules on critical matters such as:
- Standards of professional conduct and etiquette for advocates.
- The procedure to be followed by its disciplinary committee.
- The standards of legal education to be observed by universities in India.
- The conditions subject to which an advocate has the right to practice.
Therefore, the general rule-making power of the BCI is located in Section 49.