ADVOCATES ACT, 1961
(1) This Act may be called the Advocates Act, 1961.
1[(2) It extends2 to the whole of India.]
(3) It 3[shall, in relation to the territories other than those referred to in sub-section (4), come into force] on such date4 as the Central Government may, by notification in the Official Gazette, appoint, and different dates3 may be appointed for different provisions of this Act.
5[(4) This Act shall, in relation to the State of Jammu and Kashmir6 and the Union territory of Goa, Daman and Diu, come into force on such date7 as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.]
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1[(1)] In this Act, unless the context otherwise requires,—
(a) “advocate” means an advocate entered in any roll under the provisions of this Act;
(b) “appointed day”, in relation to any provision of this Act, means the day on which that provision comes into force;
2[***]
(d) “Bar Council” means a Bar Council constituted under this Act;
(e) “Bar Council of India” means the Bar Council constituted under section 4 for the territories to which this Act extends;
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(g) “High Court” , except in sub-section (1) 4[and sub-section (1A)] of section 34 and in sections 42 and 43, does not i
(1) There shall be a Bar Council—
(a) for each of States of Andhra Pradesh, Bihar, Gujarat, 1[Jammu and Kashmir], 2[Jharkhand] 3[Madhya Pradesh, Chhattisgarh], 4[***], 5[***], 6[Karnataka], Orissa, Rajasthan 7[Uttar Pradesh and Uttaranchal], to be known as the Bar Council of that State;
8[(b) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh;]
(c) for the State of Kerala and 9[the Union territory of Lakshadweep], to be known as the Bar Council of Kerala;
10[(cc) for the 11[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras*;]
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(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;
1[***]
(c) one member elected by each State Bar Council from amongst its members.
2[(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.]
3[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in
Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both moveable and immovable, and to contract, and may by the name by which it is known sue and be sued.
(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;
1[(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 clause (a) of sub-section (2) of section 7;]
(e) to promote and support law reform;
2[(ee) to conduct semin
1[(1)] The functions of the Bar Council of India shall be—
2[***]
(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;
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.]
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1. Ins. by Act 60 of 1973, sec. 8 (w.e.f. 31-1-1974).
(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 ex officio 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 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 member 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, the Bar Council of India may, by order, extend the said term for a period not exceeding six months.
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1. Section 8 subs. by Act 70 of 1993, sec. 4, for section 8 (w.e.f. 26-12-1993).
(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 then five, as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the members of legal aid committee shall be such as may be prescribed.]
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1. Ins. by Act 60 of 1973, sec. 9 (w.e.f. 31-1-1974).
(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.
1[10A. Transaction of business by Bar Councils and committees thereof.—
2[(1)The Bar Council of India shall meet at New Delhi or at such otherplace as it may, for reasons to be recorded in writing, determine.
(2) A State Bar Council shall meetat its headquarters or at such other place as it may, for reasons tobe recorded in writing, determine,]
(3) The committees other thandisciplinary committees constituted by the Bar Councils shall meet atthe headquarters of the respective Bar Councils.
(4) Every Bar Council and everycommittee thereof except the disciplinary committees shall observesuch rules of procedure in regard to the transaction of business attheir meetings as may be prescribed.
(5) The disciplinar
(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 member
(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 qualification as may be prescribed.
(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.
1[(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.]
1[(4) As soon as may be practicable at the end of each financial year, but not later than the 31st da
No acts 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.
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 threat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette.
(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—
1[(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 result of election shall be published;]
2[***]
3[(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 4[or t
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability 1[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
2[Provided that where any such senior advocat
(1) Every State Bar Council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of—
(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), immediately before the appointed day 1[including persons, being citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935, and who at any time] express an intention in the prescribed manner to practise within the jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day.
(1) Notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any 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 of the first mentioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction:
1[Provided that where any such application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer
Every State Bar Council shall send to the Bar Council of India an authenticated copy of the roll of advocates prepared by it for the first time under this Act and shall thereafter communicate to the Bar Council of India all alterations in, the additions to, any such roll, as soon as the same have been made.
(1) Notwithstanding anything contained in this Chapter, 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 thereof 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 concerned shall comply with such direction.
(2) Any entry in the State roll made in compliance with the direction of the Bar Council of India under sub-section (1) shall be made in the order of seniority determined in accordance with the provisions of sub-section (3) of section 17.
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(1) Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other.
1[(2) Subject as aforesaid, if any dispute arise with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision.]
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1. Subs. by Act 60 of 1973, sec. 16, for sub-section (2) (w.e.f. 31-1-1974).
(1) There shall be issued a certificate of enrolment in the prescribed form by the State Bar Council to every person whose name is entered in the roll of advocates maintained by it under this Act.
(2) 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 concerned within ninety days of such change.]
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1. Subs. by Act 60 of 1973, sec. 17, for section 22 (w.e.f. 31-1-1974).
(1) The Attorney-General of India shall have pre-audience over all other advocates.
(2) Subject to the provisions of sub-section (1), the Solicitor-General of India shall have pre-audience over all other advocates.
(3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-General of India shall have pre-audience over all other advocates.
1[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General of India shall have pre-audience over all other advocates.]
(4) Subject to the provisions of sub-sections (1), 2[(2), (3) and (3A)], the Advocate-General of any State shall have pre-audience over all other advocates, and the right of pre-audience among Advocates-General inter se shall
(1) No person shall be admitted as an advocate on a State roll—
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955 (22 of 1955);
2[(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
Explanation.—In this clause, the expression “State” shall have the meaning assigned to it under Article 12 of the Constitution:]
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his 3[release or dismissal or, as the case may be, removal].
(1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely:—
(a) he is a citizen of India:
Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that other country;
(b) he has completed the age of twenty-one years;
(c) he has obtained a degree in law—
(i) before the 1[12th day of March, 1967], from any University in the territory of India; or
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An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practise.
A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.]
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1. Subs. by Act 60 of 1973, sec. 20, for section 26A (w.e.f. 31-1-1974). Earlier section 26A was inserted by Act 21 of 1964, sec. 15 (w.e.f. 16-5-1964).
(1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) 1[and to any direction that may be given in writing by the State Bar Council in this behalf], such committee shall dispose of the application in the prescribed manner:
2[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.]
(2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion
The Advocates Act, 1961, is a significant piece of legislation that governs the legal profession in India. Section 26 specifically addresses the procedures and powers related to the enrollment of advocates and the consequences of misrepresentation during the enrollment process.
Section 26 of the Advocates Act, 1961, outlines the process for the disposal of applications for admission as advocates. It empowers the State Bar Council to refer applications to its enrollment committee and provides the Bar Council of India with the authority to remove advocates from the roll if they have been enrolled through misrepresentation or fraud.
The scope of Section 26 extends to:- The authority of the State Bar Council to manage the enrollment process.- The power of the Bar Council of India to ensure integrity in the legal profession by removing advocates who have misrepresented facts during their enrollment.- The procedural safeguards that must be followed to ensure fairness in the removal process.
The punishment for violating the provisions of Section 26 typically involves the removal of the advocate's name from the roll, which effectively ends their ability to practice law. This action is taken to uphold the integrity of the legal profession.
This commentary highlights the importance of Section 26 of the Advocates Act, 1961, in regulating the legal profession and ensuring that only those who meet ethical and professional standards are allowed to practice law in India.
Where a State Bar Council has refused the application of any person for admission as an advocate on its roll, no other State Bar Council shall entertain an application for admission of such person as an advocate on its roll, except with the previous consent in writing of the State Bar Council which refused the application and of the Bar Council of India.
(1) A State 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—
1[(a) 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 under section 20;]
2[***]
(c) 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;
(d) the conditions subject to which a person may be admitted as an advocate on any such roll;
Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.
(i) In all Courts including the Supreme Court
(ii) Before any tribunal or person legally authorised to take evidence and
(iii) Before any other authority or person before whom such advocate is by or under law for the time being in force entitled to practice.
The Advocates Act, 1961 is a significant piece of legislation in India that governs the legal profession. Section 30 specifically addresses the right of advocates to practice law in various forums, including courts and tribunals. This section is crucial for ensuring that advocates can represent clients effectively and uphold the rule of law.
Section 30 of the Advocates Act, 1961 states that every advocate whose name is entered in the common roll shall be entitled as of right to practice throughout the territories to which this Act extends:1. In all courts, including the Supreme Court.2. Before any tribunal or person legally authorized to take evidence.3. Before any other authority or person before whom such advocate is by or under any law entitled to practice.
While Section 30 itself does not prescribe punishments, violations of the rights conferred under this section can lead to disciplinary actions under other provisions of the Advocates Act, particularly concerning professional misconduct.
[Omitted by the Advocates (Amendment) Act, 1976 (107 of 1976), sec. 7 (w.e.f. 1-1-1977).]
Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.
Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practice in any court or before any authority or person unless he is enrolled as an advocate under this Act.
(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto.
1[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’s advocate upon all proceedings in the High Court or in any Court subordinate thereto.]
2[(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith.]
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(1) Where on receipt of a complaint or otherwise 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.
1[(1A) The State Bar Council may, either of its own motion or on application made to it 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.]
(2) The disciplinary committee of a State Bar Council 2[***] shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving
Section 35 of the Advocates Act, 1961, is a crucial provision that governs the disciplinary action against advocates for professional misconduct. It empowers State Bar Councils to initiate proceedings and impose penalties to uphold the integrity, dignity, and ethical standards of the legal profession.
Section 35 provides that when a State Bar Council has reason to believe that an advocate on its roll has committed professional or other misconduct, it shall refer the case to its Disciplinary Committee for disposal. The section also authorizes the Bar Council to withdraw proceedings and direct inquiries to other committees, as well as to impose various punishments such as reprimand, suspension, or removal from the roll.
Note: The references are based on the provided sources and cases discussed therein.
Whenever in respect of any proceedings under section 35 or section 36, a disciplinary committee of the State Bar Council or a disciplinary committee of the Bar Council of India ceases to exercise jurisdiction and is succeeded by another committee which has and exercises jurisdiction, the disciplinary committee of the State Bar Council or the disciplinary committee of the Bar Council of India, as the case may be, so succeeding may continue the proceeding from the stage at which the proceedings were so left by its predecessor committee.]
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1. Ins. by Act 60 of 1973, sec. 26 (w.e.f. 31-1-1974).
(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of section 36.
(2) Notwithstanding anything contained in sub-section (1), where on the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), any proceedings in the respect of any disciplinary matter against an advocate is pending before the disciplinary committee of a State Bar Council, that disciplinary committee of the State Bar C
(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate 1[***] whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of India may, 2[either of its own motion or on a report by a State Bar Council or on an application made to it by any person interested], withdraw for inquiry before itself any proceedings for disciplinary action against any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same.
(3) The disciplinary committee of the Bar Council of India, in disposing of any case under this section, shall observe, so far as may b
(1) Any person aggrieved by an order of the disciplinary committee of a State Bar Council made 1[under section 35] 2[or the Advocate General of the State] may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India.
(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may pass such order 2[(including an order varying the punishment awarded by the disciplinary committee of the State Bar Council)] thereon as it deems fit:
2[Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.]
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Any person aggrieved by an order made by the disciplinary committee of the Bar Council of India under section 36 or section 37 1[or the Attorney-General of India or the Advocate-General of the State concerned, as the case may be,] may within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such order 1[(including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India)] thereon as it deems fit:
1[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.]
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1. Ins. by Act 60 of 1973, sec. 28 (w
The provisions of sections 5 and 12 of the Limitation Act, 1963, shall, so far as may be, apply to appeals under Section 37 and Section 38.]
1[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of the order appealed against, but the disciplinary committee of the Bar Council of India, or the Supreme Court, as the case may be, may, from sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.
2[(2) Where an application is made for the stay of the order before the expiration of the times allowed for appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Council, or the disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.]
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1. Section 40 renumbered a
(1) Where an order is made under this Chapter reprimanding or suspending an advocate, a record of the punishment shall be entered against his name—
(a) in the case of an advocate whose name is entered in a State roll, in that roll;
1[***]
any where any order is made removing an advocate from practice, his name shall be struck of the State roll 2[***].
3[***]
(3) Where any advocate is suspended or removed from practice, the certificate granted to him under section 22, in respect of his enrolment shall be recalled.
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1. Clause (b) omitted by Act 60 of 1973,
(1) The disciplinary committee of a Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(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 witness or documents;
(f) any other matter which may be prescribed:
Provide
The provisions of section 42 shall, so far as may be, apply in relation to the Bar Council of India, the enrolment committee, the election committee, the legal aid committee, or any other committee of a Bar Council as they, apply in relation to the disciplinary committee of a Bar Council.]
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1. Ins. by Act 60 of 1973, sec. 33 (w.e.f. 31-1-1974).
The disciplinary committee of a Bar Council may make such order as to the cost of any proceedings before it as it may deem fit and any such order shall be executable as it were an order—
(a) in the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme Court;
(b) in the case of an order of the disciplinary committee of a State Bar Council, of the High Court.
The disciplinary committee of a Bar Council may of its own motion or otherwise review any order 1[within sixty days of the date of that order] passed by it under this Chapter:
Provided that no such order of review of the disciplinary committee of a State Bar Council shall have effect unless it has been approved by the Bar Council of India.
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1. Ins. by Act 60 of 1973, sec. 34 (w.e.f. 31-1-1974).
Any person who practices in any court or before any authority or person, in or before whom he is not entitled to practice under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
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 under this Act, give such financial assistance as it deems fit to that Bar Council by way of grant or otherwise.]
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1. Ins. by Act 60 of 1973, sec. 35 (w.e.f. 31-1-1974).
[Omitted by Act 70 of 1993, sec. 8 (w.e.f. 26-12-1993).]]
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1. Earlier section 46 was substituted by Act 107 of 1976, sec. 9 (w.e.f. 15-10-1976).
(1) 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.
(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribed the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be recognised for the purpose of admission as an advocate under this Act.
(1) For the proper and efficient discharge of the functions of a State Bar Council or any Committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with such directions.
(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything contained in the rules made by the State Bar Council.]
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The Bar Council of India or any of its committees, other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed by it under this Act.]
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1. Ins. by Act 60 of 1973, sec. 37 (w.e.f. 31-1-1974).
No suit or other legal proceeding shall lie against any Bar Council or any committee thereof or a member of a Bar Council 1[or any Committee thereof] for any act in good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made thereunder.
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1. Ins. by Act 60 of 1973, sec. 36 (w.e.f. 31-1-1974).
(1) The Bar Council of India may, at any time, call for the record of any proceeding under this Act which has been disposed of by a State Bar Council or a Committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.]
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1. Ins. by Act 21 of 1964, sec. 19 (w.e.f. 16-5-1964).
Section 48(a) of the Advocates Act, 1961, pertains to the powers of the Bar Council of India to review its own orders. It forms part of the broader framework of disciplinary, appellate, and revisory powers conferred upon the Bar Council to regulate the legal profession and ensure accountability and discipline among advocates.
Section 48(a) provides that the Bar Council of India has the authority, at any time, to call for the record of any proceeding under the Act which has been disposed of by a State Bar Council or a committee thereof, where no appeal lies. The purpose is to satisfy itself as to the legality or propriety of such disposal, and it may pass such orders as it deems fit.
Section 48(a) of the Advocates Act, 1961, confers upon the Bar Council of India a supervisory revisional power to call for records of proceedings disposed of by State Bar Councils where no appeal lies, with the object of ensuring legality and propriety. Its scope is limited to legality, not to merit review or disciplinary punishment, and it must be exercised fairly and within judicial principles. This power acts as a check against illegality and arbitrariness in the administrative decisions of State Bar Councils, aligning with the principles of rule of law and judicial review.
1[(1)] The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe—
2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council;
(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;
(ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section (3);
(ad) the manner in which the name of any advocate may be prevented from being entered in more than o
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) qualifications for membership of a Bar Council and disqualifications for such membership;
(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar Council and the manner in which the directions issued or orders made by the Bar Council of India may be enforced;
(c) the class or category of persons entitled to be enrolled as advoca
(1) On the date on which a State Bar Council is constituted under this Act, the provisions of sections 3 to 7 (inclusive), sub-sections (1), (2) and (3) of section 15 and section 20 of the Indian Bar Council Act, 1926 (38 of 1926), shall stand repealed in the territory for which the State Bar Council is constituted.
(2) On the date on which Chapter III comes into force, the following shall stand repealed namely :-
a. sections 6, 7, 18 & 37 of the Legal Practitioners Act, 1879 (18 of 1879) and so much of sections 8,9, 16, 17, 19 and 41 of that Act as relate to admission and enrolment of legal practitioners ;
b. sections 3, 4 and 6 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920) ;
c. so much of section 8 of the Indian Bar Councils Act, 192
On and from the appointed day, references in any enactment to an advocate enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under this Act.
Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules under article 145 of the Constitution—
(a) for laying down the conditions subject to which a senior advocate shall be entitled to practise in that Court;
(b) for determining the persons who shall be entitled to 1[act or plead] in that Court.
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1. Subs. by Act 70 of 1993, sec. 9, for “act” (w.e.f. 26-12-1993).
Notwithstanding anything contained in this Act, the elected members of a State Bar Council, constituted for the first time under this Act, shall be elected by and from amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be constituted.
Explanation.—Where the territory for which the Bar Council is to be constituted includes a Union territory, the expression “High Court” shall include the Court of the Judicial Commissioner of that Union territory.
Notwithstanding anything contained in this Act, the term of office of the 2[***] elected members of 1[***] a State Bar Council constituted for the first time, shall be two years from the date of the first meeting of the Council:
3[Provided that such members shall continue to hold office until the State Bar Council is reconstituted in accordance with the provisions of this Act.]
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1. The words “the Bar Council of India and” omitted by Act 21 of 1964, sec. 22 (w.r.e.f.
16-8-1961).
2. The words “nominated and” omitted by Act 14 of 1962, sec. 3 (w.e.f. 30-3-1962).
3. Ins. by Act 21 of 1964, sec. 22 (w.r.e
Notwithstanding anything contained in this Act,-
a. every pleader or vakil practicing as such immediately before the date on which Chapter IV comes into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (17 of 1920), or any other law who does not elect to be or is not qualified to be enrolled as an advocate under this Act.
b. [(Note:- Clause (b) omitted by Act 107 of 1976, sec.10)]
c. [(Note:- Subs. by Act 21 of 1964, sec.23) every mukhtar practicing as such immediately before the said date by virtue of the provisions of the Legal Practitioners Act, 1879, or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act.
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(1) On the constitution under this Act of a State Bar Council, other than the Bar Council of Delhi (hereinafter referred to as the new Bar Council)—
(a) all properties and assets vesting in the corresponding Bar Council shall vest in the new Bar Council;
(b) all rights, liabilities, and obligations or the corresponding Bar Council whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the new Bar Council;
(c) all proceedings pending before the corresponding Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the new Bar Council.
(2) In this section, “corresponding Bar Council” in relation to a State Bar Council, other than the Bar Coun
Until a Bar Council is constituted under this Act the power of that Bar Council to make rules under this Act shall be exercised,—
(a) in the case of the Bar Council of India, by the Supreme Court;
(b) in the case of a State Bar Council, by the High Court.
(1) Where a State Bar Council has not been constituted under this Act or where a State Bar Council so constituted is unable to perform its functions by reason of any order of a court or otherwise, the functions of the Bar Council or any Committee thereof, insofar as they relate to the admission and enrolment of advocates, shall be performed by the High Court in accordance with the provisions of this Act.
(2) Until Chapter IV comes into force, a State Bar Council or a High Court performing the functions of a State Bar Council may enrol any person to be an advocate on a State roll, if he is qualified to be so enrolled under this Act, notwithstanding that no rules have been made under section 28 or that the rules so made have not been approved by the Bar Council of India, and every person so enrolled shall, until that Chapter comes into force, be entitled to all the rights of practice
Notwithstanding the repeal by this Act of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or of any other law relating to the admission and enrolment of legal practitioners (hereafter in this section referred to as such Act or law), every person who migrates to the territory of India from any area which, before the 15th day of August, 1947, was comprised within India as defined in the Government of India Act, 1935, and who has, before such migration, been a pleader, mukhtar or revenue agent in any such area under any law in force therein, may be admitted and enrolled under the relevant provisions of such Act or law as a pleader, mukhtar or, as the case may be, revenue agent, if he—
(a) makes an application for the purpose to the appropriate authority under such Act or law; and
(b) is a citizen of India and f
(1) As from the Ist day of September, 1963 every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll.
(2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56:
Provided that where in respect of any such pr
(1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.
(2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the 1st day of December, 1961.]
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1. Ins. by Act 14 of 1962, sec. 4 (w.r.e.f. 16-8-1961).
(1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government.
(2) The Central Government after consultation with the Bar Council of India may, by notification in the Official Gazette, may make rules under sub-section (1) either for any State Bar Council or generally for all State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act.
(3) Where in respect of any matter any rules made by the Central Government under this section for any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and approved by the Bar Council of India, the Central Government may, by notification in the Official G
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