THE ADVOCATES ACT, 1961
ACT NO. 25 OF 1961
(25 of 1961) (19th May, 1961)
An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:--
CHAPTER II
BAR COUNCILS
| 3. State Bar Councils |
(1) There shall be a Bar Council
(a) for each of the States of Andhra Pradesh, Bihar, Gujarat, Jammu and Kashmir, Madhya Pradesh, Karnataka, Orissa, Rajasthan and Uttar Pradesh, to be known as the Bar Council of that State;
(b) for the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram & Arunachal Pradesh to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh;
(c) for the State of Kerala and the Union territory of Laccadive, Minicoy and Amindivi Islands, to be known as the Bar Council of Kerala;
(cc) for the State of Tamil Nadu and the Union territory of Pondicherry to be known as the Bar Council of Tamil Nadu
(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;
(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana;
(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;
(e) for the State of West Bengal and the 2*[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and
(f) for the Union territory of Delhi, to be known as the Bar
Council of Delhi.*3
(2) A State Bar Council shall consist of the following members, namely:
(a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio;
(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:
Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in commuting the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926. *4
(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed.
(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that every such person shall continue to carry on the
duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.
(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.
(5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.
(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act. |
| 4. Bar Council of India. |
(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:
(a) the Attorney-General of India, ex officio;
(b) the Solicitor-General of India, ex officio;
(c) one member elected by each State Bar Council from amongst its members.
(1A) No person shall be eligible for being elected as a member
of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.
(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.
(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.
(3) The term of office of a member of the Bar Council of India
elected by the State Bar Council shall--
(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election 2*[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and
(ii) in any other case, be for the period for which he holds
office as a member of the State Bar Council:
Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected. *5 |
| 5. Bar Council to be body corporate |
Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may be the name by which it is known sue and be sued. |
| 6. Functions of State Bar Councils |
(1) The functions of a State Bar Council shall be--
(a) to admit persons as advocates on its roll;
(b) to prepare and maintain such roll;
(c) to entertain and determine cases of misconduct against advocates on its roll;
(d) to safeguard the rights, privileges and interests of advocates on its roll;
(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7;
(e) to promote and support law reform;
(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;
(eee) to organise legal aid to the poor in the prescribed manner;
(f) to manage and invest the funds of the Bar Council;
(g) to provide for the election of its members;
(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of subsection (1) of section 7;
(h) to perform all other functions conferred on it by or under this Act;
(i) to do all other things necessary for discharging the aforesaid functions.
(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of--
(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
(c) establishing law libraries.
(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in subsection (2) which shall be credited to the appropriate fund or funds constituted under that sub-section. |
| 7. Functions of Bar Council of India. |
Functions of Bar Council of India.- 4*
[(1)] The functions of
the Bar Council of India shall be--
(a) omitted;
(b) to lay down standards of professional conduct and etiquette for advocates;
(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;
(d) to safeguard the rights, privileges and interests of advocates;
(e) to promote and support law reform;
(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;
(g) to exercise general supervision and control over State Bar Councils;
(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;
(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf;
(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;
(ib) to organise legal aid to the poor in the prescribed manner;
(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;
(j) to manage and invest the funds of the Bar Council;
(k) to provide for the election of its members;
(l) to perform all other functions conferred on it by or under this Act;
(m) to do all other things necessary for discharging the aforesaid functions.
(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of--
(a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf.
(c) establishing law libraries.
(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in subsection (2) which shall be credited to the appropriate fund or funds constituted under that sub-section. *6, 7, 8 |
| 7A. Membership in international bodies. |
The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar. |
| 8. Term of office of members of State Bar Council |
Term of office of members of State Bar Council.- The term
of office of an elected member of a State Bar Council (other than an elected member thereof referred to in section 54) shall be five years from the date of publication of the result of his election.
Provided that where a State Bar Council fails to provide for the
election of its members before the expiry of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months. |
| 8A. Constitution of Special Committee in the absence of election |
(1) Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of-
(i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of section 3 to be the Chairman:
Provided that where there are more than one exofficio members, the senior most amongst them shall be the Chairman; and
(ii) two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar
Council is constituted under this Act.
(2) On the constitution of the Special Committee and until the State Bar Council is constituted--
(a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee;
(b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;
(c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee.
(3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1), and where, for any reason the Special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period. |
| 9. Disciplinary committees. |
(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of section 3 and who are not members of the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the Chairman thereof.
(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964.) may dispose of the proceedings pending before it as if this section had not been amended by the said Act. |
| 9A. Constitution of legal aid committees. |
Constitution of legal aid committees.- (1) A Bar Council
may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed. |
| 10. Constitution of committees other than disciplinary committees. |
(1) A State Bar Council shall constitute the following standing committees, namely:--
(a) an executive committee consisting of five members elected by the Council from amongst its members;
(b) an enrolment committee consisting of three members elected by the Council from amongst its members.
(2) The Bar Council of India shall constitute the following standing committees, namely:--
(a) an executive committee consisting of nine members elected by the Council from amongst its members;
(b) a legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persons co-opted by the Council who are not members thereof.
(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act. |
| 10A. Transaction of business by Bar Councils and committees thereof. |
(1) The Bar Council of India shall meet at New Delhi or at such other place as it may, for reasons to be recorded in writing determine.
(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine.
(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the headquarters of the respective Bar Councils.
(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.
(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. |
| 10B. Disqualification of members of Bar Council. |
An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India. |
| 11. Staff of Bar Council. |
(1) Every Bar Council shall appoint a secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary.
(2) The secretary and the accountant, if any, shall possess such qualifications as may be prescribed. |
| 12.
Accounts and Audit. |
(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed.
(2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed.
(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the Official Gazette.
(4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India. |
| 13.
Vacancies in Bar Council and committees thereof not to
Invalidate action taken. |
No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be. |
| 14.
Election to Bar Councils not to be questioned on certain grounds. |
No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette. *9
In this case the High Court directed the Advocate General to verify the list of candidates elected to the Bar Council which was submitted to him by the Returning Officer by signing it. |
| 15.
Power to make rules. |
(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;
(b) omitted;
(c) the manner of election of the Chairman and the Vice Chairman of the Bar Council;
(d) the manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council or to the office of the Chairman or Vice-Chairman] shall be finally decided;
(e) omitted;
(f) the filling of casual vacancies in the Bar Council;
(g) the powers and duties of the Chairman and the Vice Chairman of the Bar Council;
(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in subsection (2) of section 6 and sub-section (2) of section 7;
(gb) organisation of legal aid and advice to the poor, constitution and functions of committees and subcommittees for that purpose and description of proceedings in connection with which legal aid or advice may be given;
(h) the summoning and holding of meetings of the Bar Council, the conduct of business thereat, and the number of members necessary to constitute a quorum;
(i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee;
(j) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;
(k) the qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar Council;
(l) the maintenance of books of accounts and other books by the Bar Council;
(m) the appointment of auditors and the audit of the accounts of the Bar Council;
(n) the management and investment of the funds of the Bar Council.
(3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India. *10, 11, 12. |
*3 Section 3 dates of constitution of the State Bar Councils : Vol (!) : 130, 131. JBCI 1972
*4 Section 3(2) Jitendra Mohan Gupta v. Bar Council of Delhi and another : Vol 2(2) 1973 JBCI : 260. Held : Proviso to Section 3(2) can’t be treated as classification of advocate into two categories.
*5 Section 4 Date of constitution of the Bar Council of India : Vol. (1) 1972 JBCI : 131.
*6. Section 7 Shiabkhan v. Bar Council of India : AIR 1969 Raj. : Vol 2(2) 1973 JBCI:47. Held: Bar Council of India was competent to prescribe a class or category of holders of degrees in law from any university.
*7. Section 7 (g) Bisweswar Bose v. Bar Council of West Bengal and another : Vol 3 (1 & 2) 1974 JBCI:142. Held : State Council had no exclusive jurisdiction to frame rules relating to election. By virtue of sections 7 (g) and 48B and 49, the Bar Council of India has the power to make rules regulating elections to a State Bar Council and to direct the latter to comply with those rules.
*8. Section 7 (h) See foot note 1.
*9 Section 14 The Bar Council of Himachal Pradesh v. The Advocate General and another : Vol 2(3) 1973 JBCI : 422.
*10 Section 15 C. D. Seikkihar v. Secretary Bar Council : AIR 1967 Mad. 35 Held : Rule 7(@) of the Election Rules of the Madras Bar Council approved by the Bar Council of India valid. The explanation forbidding canvassing at an election is not unreasonable.
*11. See foot note 4.
*12. Section 15(3) See foot note 9.
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