THE ADVOCATES ACT, 1961

(60 Sections, 7 Chapters and 1 Schedule)

Section 2 (a): “advocate” means an advocate entered in any roll under the provisions of this Act.

Section 2 (d): “Bar Council” means a Bar Council constituted under this Act.

Section 2 (e): “Bar Council of India” means the Bar Council constituted under section 4 for the
territories to which this Act extends.

Section 2 (h): “law graduate” means a person who has obtained a bachelor's degree in law from
any University established by law in India.

Section 2 (m): “State Bar Council” means a Bar Council constituted under section 3.

Section 3: State Bar Councils

 for the State of Kerala and the Union territory of Lakshadweep to be known as the Bar
Council of Kerala.
 for the State of Tamil Nadu and the Union territory of Pondicherry to be known as the
Bar Council of Madras.
 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.
 for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known
as the Bar Council of Punjab and Haryana.
 for the State of West Bengal and the Union territory of Andaman and Nicobar Islands, to
be known as the Bar Council of West Bengal.
 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 Councils of Assam, Arunachal Pradesh, Mizoram and
Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh ,
Mizoram and Nagaland, 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) (i) Size of the Council:
 If the electorate has 5,000 or fewer advocates, the State Bar Council will have 15
members.
 If the electorate is between 5,001 and 10,000, the Council will have 20 members.
 If the electorate exceeds 10,000, the Council will have 25 members.
(ii) Election Process:
 Members are elected using proportional representation through a single transferable vote
system, meaning the voting is designed to reflect a fair distribution of votes.
(iii) Qualifications of Elected Members:
 At least half of the elected members must be advocates who have been on the State roll
for at least 10 years.
 When calculating this 10-year period, any time spent as an advocate under the Indian Bar
Councils Act, 1926 is also counted.
 Each State Bar Council is to have a Chairman and a Vice-Chairman, who are elected by
the Council in a prescribed manner.
 Individuals holding the office of Chairman or Vice-Chairman immediately before the
Advocates (Amendment) Act, 1977 must vacate their positions upon its commencement.
However, they continue to perform their duties until their elected successors take charge.
 Advocates must meet certain prescribed qualifications or conditions to vote in Bar
Council elections or be elected as members. Each State Bar Council is responsible for
preparing and updating the electoral roll.
 The changes introduced by the Advocates (Amendment) Act, 1964 do not affect the term
of office of members elected before its commencement. However, all subsequent
elections must follow the rules set by the Bar Council of India.
 The Advocates (Amendment) Act, 1973 does not alter the representation of elected
members in the State Bar Council as it existed before the Act. Changes to this
representation will only occur after the Bar Council is reconstituted following the new
provisions.

Section 4: Bar Council of India

  The Bar Council of India will have the Attorney-General and Solicitor-General of India
as ex-officio members.
 Each State Bar Council will elect one member from among its members to represent it in
the BCI.
 A person must meet certain qualifications (specified in Section 3, Sub-section 2) to be
eligible for election to the BCI.
 The BCI will have a Chairman and a Vice-Chairman, who are elected by the members of
the Bar Council as per prescribed rules. Individuals who were serving as Chairman or
Vice-Chairman immediately before the Advocates (Amendment) Act, 1977 came into
effect will continue in their roles until the new Chairman or Vice-Chairman takes over.
 The term of office of a member of the Bar Council of India (BCI), elected by a State Bar
Council, is outlined as follows:
1. For ex officio members:
 Their term is two years from the date of election or until they cease to be a member of the
State Bar Council, whichever happens first.
2. For other members:
 Their term lasts as long as they hold office as a member of the State Bar Council.
3. Continuation until successor is elected:
 Regardless of the above, every member continues to hold office in the BCI until their
successor is elected, ensuring no gap in representation.

Section 6: Functions of State Bar Councils

 Responsible for enrolling individuals as advocates on its official roll.

 Preparing and maintaining an updated list of advocates.
 Investigating and deciding cases of professional misconduct by advocates on its roll.
 Protecting the rights, privileges, and interests of advocates.
 Supporting Bar Associations to ensure effective implementation of welfare schemes.
 Encouraging and supporting reforms in the legal system.
 Conducting seminars, talks, and publishing journals on legal issues.
 Organizing legal aid for underprivileged individuals.
 Managing and investing the council's funds.
  Overseeing the election process for its members.
 Visiting and inspecting universities as per directions.
 Performing any other responsibilities conferred by law.
 Taking all necessary steps to fulfill its outlined functions.
 A State Bar Council has the authority to create one or more funds to serve specific
purposes, as outlined below:
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.
 A State Bar Council may receive any grants, donations, gifts or benefactions for all or
any of the purposes specified in sub-section (2) which shall be credited to the appropriate
fund or funds constituted under that sub-section.

Section 7: Functions of Bar Council of India

 Sets rules for professional conduct and etiquette for advocates.

 Establishes procedures for disciplinary committees at both national and state levels.
 Protects the rights, privileges, and interests of advocates.
 Promotes and supports reforms in law.
 Resolves matters referred by State Bar Councils.
 Exercises general supervision over State Bar Councils.
 Collaborates with universities to set and maintain standards of legal education.
 Recognizes universities whose law degrees qualify students for enrollment as advocates,
and inspects them as needed.
 Organizes seminars, lectures by eminent jurists, and publishes legal journals and papers.
 Facilitates legal aid for the poor.
 Recognizes foreign law degrees on a reciprocal basis for advocate admission.
 Manages and invests its funds responsibly.
 Conducts elections for its members.
 Performs other roles and actions necessary for fulfilling its objectives under the Act.
 Point 2 and 3 (same as State Bar Councils).
Section 9: Disciplinary Committees

 A Bar Council is required to form one or more disciplinary committees. Each committee
must have three members: Two members are elected from the Bar Council itself. One
member is co-opted from qualified advocates (not members of the Bar Council) as
specified under the Advocates Act. The senior-most advocate in the committee will act as
its Chairman.
 Disciplinary committees established before the 1964 amendment of the Advocates Act
can continue to handle their pending cases. These committees will function as per the
rules and structure that existed before the amendment, unaffected by the new changes
introduced in 1964.

Section 35: Punishment of advocates for misconduct

1. Initiation of Inquiry (Subsection 1 & 1A):

 If the State Bar Council believes an advocate has engaged in misconduct, it must refer the
case to its disciplinary committee.
 The State Bar Council can transfer a case from one disciplinary committee to another
within the State Bar Council, either on its own or upon a request.
2. Hearing Procedure (Subsection 2):
 The disciplinary committee sets a hearing date and notifies the advocate and the
Advocate-General of the State.
3. Possible Outcomes (Subsection 3):
 After hearing both the advocate and the Advocate-General, the committee may:
a) Dismiss the complaint or close proceedings.
b) Reprimand (warn) the advocate.
c) Suspend the advocate from practice for a specified period.
d) Remove the advocate’s name from the roll of advocates, effectively disqualifying them.
4. Suspension Implications (Subsection 4):
 During suspension, the advocate is prohibited from practicing in any court or before any
authority or person in India.
5. Role of Advocate-General (Subsection 5):
  The Advocate-General may participate in the proceedings personally or through an
advocate.

Section 42: Powers of Disciplinary Committee

 The disciplinary committee of a Bar Council is granted powers equivalent to those of a

civil court under the Code of Civil Procedure, 1908.
 They include:
a) summoning and enforcing the attendance of any person and examining him on oath;
b) requiring discovery and production of any documents;
c) receiving evidence on affidavits;
d) requisitioning any public record or copies thereof from any court or office;
e) issuing commissions for the examination of witnesses or documents;
f) any other matter which may be prescribed:

Provided that no such disciplinary committee shall have the right to require the attendance of:

a) any presiding officer of a court except with the previous sanction of the High Court to
which such court is subordinate;
b) any officer of a revenue court except with the previous sanction of the State Government.
 Any proceedings before a disciplinary committee are treated as judicial proceedings
under sections 193 and 228 of the Indian Penal Code (IPC). The committee is considered
a civil court for certain purposes under sections 480, 482, and 485 of the Code of
Criminal Procedure, 1898.
 Even if the Chairman or any member of the disciplinary committee is absent on the date
fixed for a hearing, the committee can still continue or hold the proceedings. The
absence does not make the proceedings or any decisions invalid, unless it's a final order
of a serious nature (as described in Section 35(3)), which requires the full presence of the
Chairman and all members.
 If the disciplinary committee cannot reach a final decision due to a lack of majority
opinion or other reasons, the case, along with the committee's opinions, is referred to the
Chairman of the Bar Council (or Vice-Chairman, if the Chairman is already involved in
the committee). After considering the case, the Chairman or Vice-Chairman will give
their opinion, and the final order will be based on that opinion.