Introduction and Authorities (The Advocates Act,1961):

1. Objects and definitions under the Act

2. Bar Council of State
a) Establishment of Bar Councils for Each States and Union Territories
b) Composition of State Bar Council
c) System of Election
d) Term of office of Members of State Bar Council and Establishment of Special
Committee
e) Disqualification of Member of Bar Council of State
f) Powers and Functions of Bar Council of State.
3. Bar Council of India
a) Composition of Bar Council of India
b) Term of office of Members of Bar Council of India
c) Disqualification of Member of Bar council of India
d) Powers and Functions of Bar Council of India
e) Membership in International Bodies.
4. Provisions Common to Bar Council of India and Bar Council of State-
a) Bar Council to be Body Corporate
b) Constitution of Committees of Bar Council
c) Transaction of Business, Staff and Audit of Accounts of Bar Council
d) Power of Bar Council to make Rules.

The Advocates Act, 1961 has made provisions for the establishment of Bar Councils. The Bar
Councils will be on two patterns - State Bar Council and Bar Council of India. The
Constitution, powers and functions of the Bar Councils are as under:

State Bar Councils

There shall be a Bar Council for each States. For the States of Maharashtra and Goa and
Union Territories of Dadra and Nagar Haveli and Daman and Diu there is Bar Council to be
known as the Bar Council of Maharashtra and Goa.

Constitution of State Bar Council

A State Bar Council shall consist of the following members:

a) In the case of the State Bar Council of Delhi, the Additional Solicitor General of
India, ex-officio; in the case of State Bar Council of Assam, Nagaland, Meghalaya,
Manipur and Tripura the Advocate General of each of the States as ex-officio; in the
case of the State Bar Council of Punjab and Haryana, the Advocate General of each of
the States as ex-officio: and in the case of any other State Bar Council, the Advocate
General of the States, ex-officio:
b) In the case of State Bar Council with electorate not exceeding five thousand, 15
members, and in the case of a State Bar Council with an electorate exceeding five
thousand but not exceeding ten thousand 20 members and in case of electorates
exceeding ten thousand, 25 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 atleast ten years been advocates on a State Roll, and in computing the said
period there shall be included any period during which the persons has been advocate
enrolled under the Indian Bar Councils Act, 1926.

There shall be a Chairman and Vice –Chairman of each State Bar Council elected by
the Council.

Disqualification of Members of Bar Council:-

According to sec.10-B, 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.

Functions of State Bar Council

I) General Functions- Sec. 6(1) of the Advocates Act, 1961 makes provisions in
respect of functions of State Bar Council. The functions are:
1) To admit persons as advocates on its roll;
 2) To prepare and maintain such roll;
3) To entertain and determine cases of misconduct against advocates on its roll;
4) To safeguard the rights, privileges and interests of advocates on its roll;
5) To promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes;
6) To promote and support law reform;
7) To conduct seminars and organise talks on legal topics by eminent jurists and
publish journals and papers of legal interest;
8) To organise legal aid to the poor in the prescribed manner;
9) To manage and invest the funds of the Bar Council;
10) To provide for the election of its members;
11) To visit and inspect universities in accordance with the directions given by Bar
Council of India;
12) To perform all other functions conferred on it by or under this Act;
13) To do all other things necessary for discharging the aforesaid functions.

Sec.6 (2) provides that 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.
Sec.6(3) provides that a State Bar Council may receive any grants,
donations, gifts for all or any of the purposes specified in sub.sec.2, which
shall be credited to the appropriate fund or funds.
II) To issue Certificates of Enrolment:-

Sec.22 provides that State Bar Council shall issue a certificate of enrolment to
every person whose name is entered in the roll of advocates maintained by it.

Every person whose name is so entered in the State roll shall notify any change in
the place of his permanent residence to the State Bar Council within 90days of such
change
 III) To Maintain Roll of Advocates:-Sec. 17(1) provides that every State Bar Council
shall prepare and maintain a roll of advocates in which shall be entered the names
and address of all persons who were entered as advocates on the roll of the State
Bar Council. Each roll of advocates shall consist of two parts senior advocates and
other advocates.

Powers of the State Bar Council-

1. Power to make rules- The State Bar Council has been given rule-making powers to
carry out the purposes of the Act and the rules shall have effect when approved by the
Bar Council of India.
i) The time within which and form in which an advocate shall express his
intention for the entry of his name in the roll of a State Bar Council.
ii) The form in which an application shall be made to the Bar Council for
admission as an advocate on its roll and the manner in which such application
shall be disposed of by the enrolment committee of the Bar Council.
iii) The conditions subject to which a person may be admitted as an advocate on
any such roll.
iv) The instalments in which the enrolment fee may be paid.

2. Power to Punish Advocates for Misconduct- Sec.35 provides as follows:

i) Where on receipt of a complaint, a State Bar Council has reason to believe that
any advocate on its roll has been guilty of professional or other misconduct, it
shall refer the case for disposal to its Disciplinary Committee.
ii) The State Bar Council may, either on its own motion or on application made
to it by any person interested, withdraw a proceeding pending before its
disciplinary committee or direct the inquiry to be made by any other
disciplinary committee of that State Bar Council.
iii) The Disciplinary Committee shall fix a date for the hearing of the case and
shall cause a notice to be given to the advocate concerned and the Advocate
General of the State.
iv) The Disciplinary Committee after giving the advocate concerned an
opportunity of being heard, may make any of the following orders:
a) dismiss the complaint or where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed:
 b) reprimand the advocate:
c) suspend the advocate from practice for such period as it may deem fit:
d) Remove the name of the advocate from the State roll of advocates.

Where an advocate is suspended he shall during the period of suspension be debarred from
practising in any court or before any authority or person in India. The Disciplinary
Committee shall dispose of the complaint received by it expeditiously and each case the
proceedings shall be concluded within a period of one year from the date of the receipt of the
complaint, failing which such proceedings shall stand, transferred to the Bar Council of India.

Any person aggrieved by an order of the Disciplinary Committee of a State Bar Council may
within 60 days of the date of the communication of the order to him, prefer an appeal to the
Bar Council of India. The Bar Council of India which may pass such order including an order
varying the punishment awarded by the Disciplinary Committee of the State Bar Council.

Appeal to Supreme Court- Sec.38 provides that any person aggrieved by an order made by
the Disciplinary Committee of the Bar Council of India, may within 60 days prefer an appeal
to the Supreme Court.

Review of Orders by Disciplinary Committee- the Disciplinary Committee shall review any
order within 60 days of the date of that order passed by it, provided that such order shall have
effect unless it has been approved by the Bar Council of India.

3. To Appoint Committees and Staff Members- Every Bar Council may appoint
disciplinary and legal aid committees. A Bar Council shall constitute one or more
disciplinary committees each of which shall consist of three persons of whom two
shall be a person co-opted 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
qualification specified. 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. A State Bar Council shall constitute an executive
committee consisting of five members elected by the Council from amongst its
members. SBC may also constitute enrolment committee consisting of three members
elected by the Council from amongst its members. In addition to this, a BC may
 appoint staff i.e Secretary, Accountant and such other number of staff as it deems
necessary.
4. To Maintain Accounts and Conduct Audit- Every Bar Council shall cause to be
maintained such books of accounts and other books. The accounts shall be audited by
auditors duly qualified to act as auditors of companies. At the end of each financial
year but not later than the 31st Dec, a State Bar Council shall send a copy of its
accounts together with a copy of the report of the auditors to the Central Govt. And
shall cause the same to be published in the Gazette of India.

Bar Council of India

According to Sec.4 (1) there shall be a Bar Council for territories to which this Act extends
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.
There shall be a Chairman and a Vice Chairman of the Bar Council of India elected
by the Council.
Sec.4(3) provides that the term of office of a member of the Bar Council of India
elected by the State Bar Council shall- i) in case of member of a State Bar Council
who holds office ex officio, be two years from the date of election 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.

Functions and Powers of Bar Council of India-

i) General Functions- Sec.7(1) provides that:
1) to lay down standards of professional conduct and etiquette for advocates;
2) to lay down the procedure to be followed by its disciplinary committee
and the Disciplinary Committee of each State Bar Council;
3) to safeguard the rights, privileges and interest of advocates;
4) to promote and support law reform;
5) to deal with and dispose of any matter arising which may be referred to it
by a State Bar Council;
 6) to exercise general supervision and control over State Bar Councils;
7) 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;
8) 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;
9) to conduct seminars and organise talks on legal topics by eminent jurists
and publish journals and papers of legal interest;
10) to organise legal aid to the poor in the prescribed manner;
11) to organise on a reciprocal basis foreign qualifications in law obtained
outside India for the purpose of admission as an advocate;
12) to manage and invest the funds of the Bar Council;
13) to provide for the election of its members;
14) to perform all other functions conferred on it under this Act.

Sec.7(2) provides that a State Bar Council may constitute one or more funds in
the prescribed manner for the purpose of-
d) Giving financial assistance to organise welfare schemes for the indigent,
disabled or other advocates;
e) Giving legal aid or advice in accordance with the rules made in this behalf;
f) Establishing law libraries.
Sec.7(3) provides that a Bar Council of India may receive any grants,
donations, gifts for all or any of the purposes specified in sub.sec.2, which
shall be credited to the appropriate fund or funds.

2) To Admit Advocates:- Every advocate who was entitled as of right to practise in the
Supreme Court immediately before the appointed day and whose name is not entered in any
State Roll may within the prescribed time, express his intention in the prescribed form to the
Bar Council of India for the entry of his name in the roll of a State Bar Council and on
receipt, the Bar Council of India shall direct that the name of such advocate shall without
payment of any fee, be entered in the roll of that State Bar Council, and the State Bar Council
shall comply with such directions.

Any entry made in the State Roll shall be made in the order of seniority. Section 18 provides
that State Bar Council may make an application in the prescribed form to the Bar Council of
India for the transfer of his name from the roll of that State Bar Council to the roll of any
other State Bar Council and on receipt of any such application the Bar Council of India shall
direct that the name of such person shall without the payment of any fee, be removed from
the roll first mentioned State Bar Council and entered in the roll of the other State Bar
Council.

3) To appoint Committees and Staff Members: Sec.9 provides that Every Bar Council may
appoint disciplinary and legal aid committees. A Bar Council shall constitute one or more
disciplinary committees each of which shall consist of three persons of whom two shall be a
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 qualification specified. 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. A State Bar Council shall
constitute an executive committee consisting of nine members elected by the Council from
amongst its members. BCI may also constitute 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. In addition to this, a
BCI may appoint staff i.e Secretary, Accountant and such other number of staff as it deems
necessary.

4) To Maintain Accounts and Conduct Audit- The Bar Council of India shall cause to
be maintained such books of accounts and other books. The accounts shall be audited
by auditors duly qualified to act as auditors of companies. At the end of each financial
year but not later than the 31st Dec, a State Bar Council shall send a copy of its
accounts together with a copy of the report of the auditors to the Bar Council of India,
and shall cause the same to be published in the Gazette of India.

Powers of Bar Council of India

1) Power to make rules- The Bar Council of India can make rules under sec.15(1)
they are-
i. The election of members of the Bar Council by secret ballot including the
conditions subjects to which persons can exercise the right to vote by
postal Ballot, the preparation and revision of electoral roll and the manner
in which the results of election shall be published;
ii. The manner of election of the Chairman and Vice-Chairman of the Bar
Council;
iii. 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;
iv. The filling of casual vacancies in the Bar Council;
v. The powers and duties of the Chairman and the Vice-Chairman of the Bar
Council;
vi. The constitution of one or more funds by a Bar Council for the purpose of
giving financial assistance or giving legal aid or advice;
vii. Organisation of legal aid and advice to the poor, constitution and functions
of committees and sub-committees for that purpose and description of
proceedings in connection with which legal aid or advice may be given;
viii. The constitution and function of any committee of the Bar Council and the
term of office of members of any such committee.
ix. The qualifications and the conditions of service of secretary, the
accountant and other employees of the Bar Council;
x. The maintenance of books of accounts and other books by the Bar
Council;
xi. The appointment of auditors and the audit of the accounts of the Bar
Council;
xii. The management and investment of the funds of the Bar Council.

2) Power to Punish Advocates for Misconduct- Sec.36 provides as follows:

Where on receipt of a complaint, Bar Council of India has reason to believe
that any advocate on its roll has been guilty of professional or other
misconduct, it shall refer the case for disposal to its Disciplinary Committee.
 The Disciplinary Committee of the Bar Council of India may, either of its own
motion or on application made to it by any State Bar Council, by any person
interested, withdraw a proceeding pending before its disciplinary committee
and direct the inquiry to be made by any other disciplinary committee of that
State Bar Council and dispose of the same.
The Disciplinary Committee shall fix a date for the hearing of the case and
shall cause a notice to be given to the advocate concerned and the Advocate
General of the State.
The Disciplinary Committee after giving the advocate concerned an
opportunity of being heard, may make any of the following orders:
a) dismiss the complaint or where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed:
b) reprimand the advocate:
c) suspend the advocate from practice for such period as it may deem fit:
d) remove the name of the advocate from the State roll of advocates.

Where an advocate is suspended he shall during the period of suspension be debarred from
practising in any court or before any authority or person in India.

3) Power to hear appeals-Sec.37 authorises the Bar Council of India to hear appeals
from an aggrieved person by the order of the Disciplinary Committee of a State
Bar Council.

Any person aggrieved by an order of the Disciplinary Committee of a State Bar Council may
within 60 days of the date of the communication of the order to him, prefer an appeal to the
Bar Council of India. Every such appeal shall be heard by the Disciplinary Committee of the
Bar Council of India which may pass such order including an order varying the punishment
awarded by the Disciplinary Committee of the State Bar Council.

Appeal to Supreme Court- Sec.38 provides that any person aggrieved by an order made by
the Disciplinary Committee of the Bar Council of India, may within 60 days prefer an appeal
to the Supreme Court.

Other Important Functions and Powers-

a) Giving Financial Assistance to State Bar Council-
 The Bar Council of India may if it is satisfied that any State Bar Council is in need
of funds for the purpose of performing its functions, give such financial assistance
as it deems fit to that Bar Council by way of grant or otherwise.
b) Reciprocity (Mutuality)- where any country specified by the Central
Government in this behalf by notification in the Official Gazette, prevents
citizens of India from practising the profession of law or subjects them to
unfair discrimination in that country, no subject of any such country shall be
entitled to practise the profession of law in India.
c) Power of revision- The Bar Council of India may at any time call for the
record of any proceeding which has been disposed of by s State Bar Council or
a Committee, and from which no appeal lies, for the purpose of satisfying
itself as to the legality of such disposal and may pass such orders, in relation
as it may think fit.
d) Power of Review- The Bar Council of India or any of its Committee, other
than its Disciplinary Committee may on its own motion or otherwise, review
any order within 60 days of the date of that order, passed by it.
e) Power to give directions-For efficient and proper discharge of the functions
of a State Bar Council or any committee, the Bar Council of India may, in
exercise of general supervision and control, give such directions to the State
Bar Council or any Committee as may appear to be necessary, and the State
Bar Council or committee shall comply with such directions.
f) Indemnity against legal proceedings- Sec. 48 provides indemnity against
legal proceedings i.e. no suit or other legal proceedings shall lie against any
Bar Council or any Committee or a member of the Bar Council for any act in
good faith done or intended to be done in pursuance of the provisions of this
Act or any rules made thereunder.

Bar Council to observe Principles of Natural Justice

The principles of natural justice are applicable not only to judicial and quasi judicial
act but also to administrative acts. The principles of natural justice are not codified
rules but they are judge made principles. These principles have been developed to
secure justice and prevent miscarriage of justice.