Advocates Act - 1961

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The
Advocates Act, 19611
(Advocates Act, 1961)
[Act 25 of 1961 as amended up to Act 6 of 2014 and updated as of 31st

July 2023]
[19th May, 1961]
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
BAR COUNCILS
3. State Bar Councils
4. Bar Council of India
5. Bar Council to be body corporate
6. Functions of State Bar Councils
7. Functions of Bar Council of India
7-A. Membership in international bodies
8. Term of office of members of State Bar Council
8-A. Constitution of Special Committee in the absence of election
9. Disciplinary Committees
9-A. Constitution of legal aid committees
10. Constitution of committees other than disciplinary committees
11. Staff of Bar Council
12. Accounts and audit

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13. Vacancies in Bar Councils and committees thereof not to

invalidate action taken
14. Election to Bar Councils not to be questioned on certain

grounds
15. Power to make rules
CHAPTER III
ADMISSION AND ENROLMENT OF ADVOCATES
16. Senior and other advocates
17. State Bar Councils to maintain roll of advocates
18. Transfer of name from one State roll to another
19. State Bar Councils to send copies of rolls of advocates to the

Bar Council of India
20. Special provision for enrolment of certain Supreme Court

advocates
21. Disputes regarding seniority
22. Certificate of enrolment
23. Right of pre-audience
24. Persons who may be admitted as advocates on a State roll
24-A. Disqualification for enrolment
25. Authority to whom applications for enrolment may be made
26. Disposal of applications for admission as an advocate
26-A. Power to remove names from roll
27. Application once refused not to be entertained by another Bar

Council except in certain circumstances
28. Power to make rules
CHAPTER IV
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled

to practise law
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30. Right of advocates to practise
31. Special provision for attorneys
32. Power of court to permit appearances in particular cases
33. Advocates alone entitled to practise
34. Power of High Courts to make rules
CHAPTER V
CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct
36. Disciplinary powers of Bar Council of India
36-A. Changes in constitution of disciplinary committees
36-B. Disposal of disciplinary proceedings
37. Appeal to the Bar Council of India
38. Appeal to the Supreme Court
39. Application of Sections 5 and 12 of Limitation Act, 1963
40. Stay of order
41. Alteration in roll of advocates
42. Powers of disciplinary committee
42-A. Powers of Bar Council of India and other committees
43. Cost of proceedings before a disciplinary committee
44. Review of orders by disciplinary committee
CHAPTER VI
MISCELLANEOUS
45. Penalty for persons illegally practising in courts and before

other authorities
46. Payment of part of enrolment fees to the Bar Council of India
46-A. Financial assistance to State Bar Council

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47. Reciprocity
48. Indemnity against legal proceedings
48-A. Power of revision
48-AA. Review
48-B. Power to give directions
49. General power of the Bar Council of India to make rules
49-A. Power of Central Government to make rules
50. Repeal of certain enactments
51. Rule of construction
52. Saving
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council
54. Term of office of members of first State Bar Councils
55. Rights of certain existing legal practitioners not affected
56. Dissolution of existing Bar Councils
57. Power to make rules pending the constitution of a Bar Council
58. Special provisions during the transitional period
58-A. Special provisions with respect to certain advocates
58-AA. Special provisions in relation to the Union Territory of

Pondicherry
58-AB. Special provisions with respect to certain persons enrolled

by Mysore State Bar Council
58-AC. Special provisions with respect to certain persons enrolled

by Uttar Pradesh State Bar Council
58-AD. Special provisions with respect to certain persons

migrating to India
58-AE. Special provisions in relation to the Union territory of Goa,

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Daman and Diu
58-AF. Special provisions in relation to Jammu and Kashmir
58-AG. Special provisions in relation to articled clerks
58-B. Special provision relating to certain disciplinary proceedings
59. Removal of difficulties
60. Power of Central Government to make rules
THE SCHEDULE
———
Advocates Act, 1961

[Act 25 of 1961 as amended up to Act 6 of 2014] [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:—
Statement of Objects and Reasons.—The Bill seeks to implement
the recommendations of the All India Bar Committee made in 1953,
after taking into account the recommendations of the Law Commission
on the subject of Reform of Judicial Administration in so far as the
recommendations relate to the Bar and to legal education.
The main features of the Bill are,—
(1) The establishment of an All India Bar Council and a common roll
of advocates, and advocate on the common roll having a right to
practice in any part of the country and in any Court, including the
Supreme Court;
(2) The integration of the bar into a single class of legal practitioners
known as advocates;
(3) The prescription of a uniform qualification for the admission of
persons to be advocates;
(4) The division of advocates into senior advocates and other
advocates based on merit;
(5) The creation of autonomous Bar Councils, one for the whole of
India and on for each State.
Following the recommendations of the All India Bar Committee and
the Law Commission, the Bill recognised the continued existence of the
system known as the dual system now prevailing in the High Court of
Calcutta and Bombay, by making suitable provisions in that behalf. It
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would, however, be open to the two High Courts, if they so desire, to

discontinue this system at any time.
The Bill, being a comprehensive measure, repeals the Indian Bar
Council Act, 1926, and all other laws on the subject.
Statement of Objects and Reasons to Act, 38 of 1977.—The
Advocates (Amendment) Act, 1976 made several changes in the
Advocates Act, 1961. According to the amended Act, the Attorney-
General of India and the Advocates-General of the States became the
ex officio Chairman of the Bar Council of India and the State Bar
Councils, respectively. The Solicitor-General of India became the ex
officio Vice-Chairman of the Bar Council of India; and the seniors-most
Advocate from among the elected members of the State Bar Council
became the Vice-Chairman of the Council. In the case of the State Bar
Council of Delhi, an advocate, nominated by the Central Government,
became the Chairman. The Central Government was also empowered to
nominate one officer as a member of the Bar Council of India for a
period of two years.
2. This amendment has been criticised by several Bar Councils and
the members of the public and the legal profession as a retrograde step
and as not conducive to the efficient and proper running of the Bar
Councils and one which sets at naught the very fundamentals of
autonomy of an independent profession. The Central Government has
considered the matter de novo and it is proposed to amend the Act to
restore the democratic principle of elected Chairman and Vice-Chairman
for the Bar Council of India and the State Bar Councils. The provisions
empowering the nomination of an officer on the Bar Council of India is
also proposed to be omitted.
To avoid any disruption in the day-to-day working of the Bar
Councils, it is provided that the existing Chairman and Vice-Chairman
shall carry on the duties of their respective offices till the new Chairman
or Vice-Chairman, as the case may be, duly elected, assumes charge of
the office.
3. Section 8 of the Act provides for a term of four years for office of
elected members of the State Bar Councils. As election to the State Bar
Councils is a time-consuming process and involves considerable
expenditure, the term of office of the members of the State Bar
Councils, in relation to which the term has not already expired, is
proposed to be increased to five years from the existing four years.
4. One of the major changes brought about by the Advocates
(Amendment) Act, 1976, was the abolition of the dual system in the
High Courts of Bombay and Calcutta. In Calcutta, however, it was not
necessary to possess a Degree in Law for a person to enter into
agreement of articleship. In order to remove the hardship caused to the
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articled clerks who have entered into agreement of articleship before

the 31st December, 1976 and who have passed the preliminary
examination but not passed the Intermediate/Final examination, it is
proposed to empower the Calcutta High Court to hold the
Intermediate/Final examination up to 31st December, 1980 for the
aforesaid articled clerks, and such of those articled clerks who pass the
Final examination will be eligible to be enrolled as advocates.
5. Since Parliament was not in session and urgent action was called
for it was considered necessary to issue the Advocates (Amendment)
Ordinance, 1977 and the same was promulgated on the 31st October,
1977.
6. This Bill seeks to replace the Ordinance by an Act of Parliament.
Statement of Objects and Reasons to Act, 47 of 1980.—The
class of legal practitioners known as attorneys was abolished by the
Advocates (Amendment) Act, 1976 and the pre-existing attorneys were
required to become advocates under the Advocates Act. With a view to
protecting their seniority, it is proposed to amend Section 17 of the
Advocates Act to provide that the seniority of an attorney who has
become an advocate shall be determined by the date of his enrolment
as attorney.
2. Under Section 23 of the Advocates Act, 1961, the Attorney-
General of India, the Solicitor-General of India and the Additional
Solicitor-General of India have in that order pre-audience over all other
advocates. A second Additional Solicitor-General has been appointed,
for the better discharge of the legal business of Government, on the
same terms and conditions of service as the Additional Solicitor-General
and with the same functions. It is, therefore, proper that his right of
pre-audience should be recognised by statute. Accordingly, it is
proposed to amend Section 23 of the Advocates Act, so as to give him
the right of pre-audience immediately after the other three Law Officers
of the Government of India.
3. The Bill seeks to achieve the above objects.
Statement of Objects and Reasons of Act, 70 of 1993.—On the
basis of various proposals made by the Bar Council of India and certain
other bodies and the experience gained in the administration of the
Advocates Act, 1961 (25 of 1961), it is found necessary to amend the
Act with a view to enabling the Bar Council of India and the State Bar
Councils to function more effectively for the betterment of the legal
profession.
The Bill proposes, inter alia, to—
(i) empower the State Bar Councils to promote the growth of Bar
Associations for purposes of implementing the welfare schemes
for advocates and to visit and inspect Universities on the
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directions of the Bar Council of India, and to constitute funds for

establishing law libraries;
(ii) provide for automatic cessation of membership of members of
the State Bar Councils in the event of non-holding of elections
within the stipulated period and for making consequential
arrangements;
(iii) enable the Bar Council of India and the State Bar Councils to
meet at places other than their respective headquarters;
(iv) increase the enrolment fee from two hundred and fifty rupees to
seven hundred and fifty rupees without disturbing the fee payable
at present by persons belonging to the Scheduled Castes or the
Scheduled Tribes;
(v) empower the State Bar Councils not to admit a person as an
advocate on a State roll if he has been dismissed or removed from
any employment or office under the State on a charge involving
moral turpitude;
(vi) empower the Supreme Court of India to make rules for
determining the persons who shall be entitled to plead before that
Court.
Statement of Objects and Reasons of Act, 26 of 2012.—The
North-Eastern Areas (Reorganisation) Act, 1971 was enacted with a
view to provide for the establishment of the States of Manipur and
Tripura and to provide for formation of the State of Meghalaya and of
the Union territories of Mizoram and Arunachal Pradesh by
reorganisation of the existing State of Assam and for matters connected
therewith.
2. Clause (b) of sub-section (1) of Section 28 of the aforesaid Act
provides that there shall be a common High Court for the States of
Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the
Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya,
Manipur and Tripura). Subsequently, under sub-section (1) of Section
15 of the State of Mizoram Act, 1986 and sub-section (1) of Section 18
of the State of Arunachal Pradesh Act, 1986, the Gauhati High Court
also became the common High Court for the States of Mizoram and
Arunachal Pradesh (the High Court of Arunachal Pradesh, Assam,
Meghalaya, Manipur, Mizoram, Nagaland and Tripura).
3. On the 9th February, 1987, it was decided by the Central
Government that separate High Courts for each of the States of the
North-Eastern Region viz. Arunachal Pradesh, Assam, Meghalaya,
Manipur, Mizoram, Nagaland and Tripura (after Arunachal Pradesh and
Mizoram attained Statehood) may be established. It was also decided
that requisite Parliamentary legislation for this purpose may be brought
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in Parliament. Pending the enactment of the legislation, the Central

Government approved the setting up of permanent Benches of the
Gauhati High Court in each of the aforesaid States of the North-Eastern
Region.
4. In pursuance of the above decision, permanent Benches of the
Gauhati High Court were set up in Manipur at Imphal with effect from
21st January, 1992, in Meghalaya at Shillong with effect from 4th
February, 1998 and in Tripura at Agartala with effect from 16th May,
1992. Separate High Courts for each of the States of the North-Eastern
Region could not be established as the State Governments concerned
could not provide High Court buildings and related infrastructure to the
satisfaction of the Chief Justice of the Gauhati High Court. As the new
buildings for the High Courts, housing and other infrastructural facilities
are now ready, the Governments of Meghalaya, Manipur and Tripura
have been requesting for establishment of separate High Courts at their
respective State Capitals.
5. The North-Eastern Areas (Reorganisation) Act, 1971 is now
proposed to be amended with the object of setting up separate High
Courts for the States of Manipur, Meghalaya and Tripura, instead of the
Gauhati High Court being the common High Court, in their respective
State Capitals at Imphal, Shillong and Agartala, respectively, to
address and to provide easy access, speedy and cost effective justice
for the people of those States and also to make the consequential
amendments in other related laws.
► Object.—The main objective of the integration of the Bar into a single class
of legal practitioners known as advocates and the prescription of uniform
qualifications for the admission of such persons to the profession was sought to
be achieved by the provisions of the Advocates Act, Bar Council of U.P. v. State
of U.P., (1973) 1 SCC 261, 262.
► Nature and scope.—In pith and substance, the Advocates Act falls under
Entries 77 and 78 of List I of the Seventh Schedule, Bar Council of India v. Board
of Management, Dayanand College of Law, (2007) 2 SCC 202.
Advocates Act, 1961 is not in conflict with U.P. State Universities Act and the
concerned Statute of Kanpur University which does not specify that for
appointment of Principal of a law college affiliated to the University, qualification in
law is essential. Provisions of State Universities Act and the University Statute
must be read harmoniously with the provisions of Advocates Act and Bar Council
of India Rules. In absence of conflict, Article 254(2) need not be invoked so as to
hold that the State Act would prevail over the Center Act, Bar Council of India v.
Board of Management, Dayanand College of Law, (2007) 2 SCC 202.
► Practice of law.—Degree of LL.B. is not a post-graduate degree, Jhuthika
Bhattacharya v. State of M.P., (1976) 4 SCC 96 : 1976 SCC (L&S) 561.
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Practice of law is ‘business’ within the meaning of Section 10(3)(a)(iii) of A.P.

Buildings (Lease, Rent and Eviction) Control Act, 1960, S. Mohanlal v. R.
Kondiah, (1979) 2 SCC 616.
► Public Prosecutor.—Public Prosecutor should not appear on behalf of
accused, Sunil Kumar Pal v. Phota Sk., (1984) 4 SCC 533 : 1985 SCC (Cri) 18.
► Agent of the party.—Advocate acts as an agent of the party and his acts
cannot be ordinarily disowned, Salil Dutta v. T.M. and M.C. (P) Ltd., (1993) 2
SCC 185.
Chapter I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be
called the Advocates Act, 1961.
2
[(2) It extends 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 dates may be appointed for different provisions of this Act.
[(4) This Act shall, in relation to the State of Jammu and Kashmir6
5
and the Union Territory of Goa, Daman and Diu7 , come into force on
such date 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.]
2. Definitions.—8 [(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;
(c) 9 [* * *]
(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;
(f) 10 [* * *]
(g) “High Court”, except in sub-section (1) 11 [and sub-section (1-
A)] of Section 34 and in Sections 42 and 43, does not include a
court of the Judicial Commissioner, and, in relation to a State
Bar Council, means,—
(i) in the case of a Bar Council constituted for a State or for a
State and one or more Union Territories, the High Court for
the State;
(ii) in the case of the Bar Council constituted for Delhi, 12 [the
High Court of Delhi];
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(h) “law graduate” means a person who has obtained a bachelor's

degree in law from any University established by law in India;
(i) “legal practitioner” means an advocate 13 [or vakil] of any High
Court, a pleader, mukhtar or revenue agent;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “roll” means a roll of advocates prepared and maintained
under this Act;
(l) “State” does not include a Union Territory;
(m) “State Bar Council” means a Bar Council constituted under
Section 3;
(n) “State roll” means a roll of advocates prepared and
maintained by a State Bar Council under Section 17.
[(2) Any reference in this Act to a law which is not in force in the
14
State of Jammu and Kashmir or in the Union Territory of Goa, Daman

and Diu, shall, in relation to that State or that Territory, be construed
as a reference to the corresponding law, if any, in force in that State or
that territory, as the case may be.]
STATE AMENDMENTS
Union Territory of Jammu and Kashmir.—In its application to the
Union Territory of Jammu and Kashmir, in sub-section (2), omit “in the
State of Jammu and Kashmir or”, “that State or”. [Vide S.O. 1123(E),
dated 18-3-2020 (w.e.f. 18-3-2020)].
Union Territory of Ladakh.—In its application to the Union
Territory of Ladakh — Same as that of UT of Jammu and Kashmir. [Vide
S.O. 3774(E), dated 23-10-2020].
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, 15 [* *
*], 16 [Jharkhand], Madhya Pradesh 17 [and Chhattisgarh], 18 [* *
*], 19 [* * *], Mysore, Orissa, Rajasthan, 20 [Telangana,] 21 [Uttar
Pradesh, 22 [Uttarakhand, Meghalaya, Manipur and Tripura]], to
be known as the Bar Council of that State;
23
[(b) for the States of Arunachal Pradesh, Assam, Mizoram and
Nagaland to be known as the Bar Council of Arunachal Pradesh,
Assam, Mizoram and Nagaland;]
(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;
24 [(cc) for the 25 [State of Tamil Nadu] and the Union Territory of
Pondicherry to be known as the Bar Council of Madras;]
26 27[ [(ccc) for the States of Maharashtra and Goa and the Union
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Territories of Dadra and Nagar Haveli and Daman and Diu, to

be known as the Bar Council of Maharashtra and Goa;]]
28
[(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 29 [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.
30
[(g) for the Union territory of Jammu and Kashmir and Union
territory of Ladakh, to be known as the Bar Council of Jammu
and Kashmir; and Ladakh.]
(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; 31 [32 [in the case of the
State Bar Council 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;
33
[(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
34
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 computing 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 (38 of 1926).]
35
[(3) There shall be a Chairman and Vice-Chairman of each State
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Bar Council elected by the Council in such manner as may be

prescribed.
(3-A) 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, 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, assumes charge of the office.]
[(4) An Advocate shall be disqualified from voting at an election
36
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
37
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;
38
[(bb) 39
[* * *]]
(c) one member elected by each State Bar Council from amongst
its members.
[(1-A) No person shall be eligible for being elected as a member of
40
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
41
Council of India elected by the Council in such manner as may be

prescribed.
(2-A) A person holding office as Chairman or as Vice-Chairman of
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the Bar Council of India immediately before the commencement of the

Advocates (Amendment) Act, 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, assumes charge of the office.]
[(3) The term of office of a member of the Bar Council of India
42
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 43 [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. 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 by 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;
44 [(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;
45 [(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;
46 [(gg) to visit and inspect Universities in accordance with the
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directions given under clause (i) of sub-section (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.
47 [(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;
48
[(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 sub-section (2)
which shall be credited to the appropriate fund or funds constituted
under that sub-section.]
► Function of Bar Councils.—The Bar Councils are expected to rise to the
occasion as they are responsible to uphold the dignity of courts and majesty of
law and to prevent interference in administration of justice. It is the duty of the Bar
Councils to ensure that there is no unprofessional and/or unbecoming conduct.
Further, it is the duty of every advocate to boldly ignore a call for strike or boycott,
Common Cause, A Registered Society v. Union of India, (2006) 9 SCC 295 :
(2006) 2 SCC (Cri) 493.
7. Functions of Bar Council of India.—49 [(1)] The functions of the Bar
Council of India shall be—
(a) 50
[* * *]
(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
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qualification for enrolments as an advocate and for that

purpose to visit and inspect Universities 51 [or cause the State
Bar Councils to visit and inspect Universities in accordance with
such directions as it may give in this behalf];
52
[(i-a) to conduct seminars and organise talks on legal topics by
eminent jurists and publish journals and papers of legal
interest;
(i-b) to organise legal aid to the poor in the prescribed manner;
(i-c) 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
53
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;
54
[(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 sub-section
(2) which shall be credited to the appropriate fund or funds constituted
under that sub-section.]
► Superintendence of ethics.—The general superintendence of ethics and
etiquette of the profession and questions of misconduct of the members are not
wholly outside the ken of the Bar Councils of the States or of India and are always
within their respective jurisdiction, O.N. Mohindroo v. District Judge, Delhi, (1971)
3 SCC 5.
► Pre-enrolment training.—Universities in India are concerned with the
question of imparting legal education. Bar Council of India cannot invoke Section
7(1)(h) for framing rules regarding pre-enrolment training and examination as
additional qualification for enrolment as advocate on State roll, V. Sudeer v. Bar
Council of India, (1999) 3 SCC 176.
► Control of legal education.—Having regard to Sections 7(1)(h) and (1)(i),
24 and 49(1)(af) and 1(d) of the Advocates Act and Rules, 2, 12 and 17(1) of
Section A of Part IV of the Bar Council of India Rules, it is clear that though the
Bar Council of India may not have been entrusted with direct control of legal
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education in the sense in which the same is entrusted to a university, still, the Bar
Council of India retains adequate power to control the course of studies in law, the
power of inspection, the power of recognition of degrees and the power to deny
enrolment to law degree-holders, unless the university from which they pass out is
recognized by the Bar Council of India, Bar Council of India v. Board of
Management, Dayanand College of Law, (2007) 2 SCC 202.
► Amicus curiae/Pleader.—Aspect of continued fitness of advocate to
conduct criminal trial on account of advanced age or other mental or physical
infirmity, to avoid grievance that advocate who conducted trial was unfit or
incompetent needs to be looked into by authorities concerned including Law
Commission and Bar Council of India. State (NCT of Delhi) v. Shiv Kumar Yadav,
(2016) 2 SCC 402.
[7-A. Membership in international bodies.—The Bar Council of India
55
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.—The term of
56
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.
8-A. 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 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 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 reasons 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.]
► Nature and scope.—Extension has to be granted before expiry of the
original term so as to maintain continuity of the term, Babu Verghese v. Bar
Council of Kerala, (1999) 3 SCC 422.
[9. Disciplinary Committees.—(1) A Bar Council shall constitute
57
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 seniormost 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.]
► Vacancy.—In the absence of a vacancy, any proceedings conducted by
only two of the three members of the disciplinary committee will be improper, Ram
Bharosey v. Har Swarup, (1976) 3 SCC 435 : 1976 SCC (Cri) 420.
58 [9-A. 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.]
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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.
[10-A. Transaction of business by Bar Councils and
59
committees thereof.—60 [(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.]
[ [10-B]. Disqualification of members of Bar Council.—An elected
61 62
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
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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
63
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 Councils 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.
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—
64
[(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) 65
[* * *]
66
[(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
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disputes as to the validity of an election to the Bar Council 67 [or

to the office of the Chairman or Vice-Chairman] shall be finally
decided;
(e) 68 [* * *]
(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;
69
[(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 sub-section (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 sub-committees 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, 70
[* * *] 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.
► Removal of Chairman/Vice-Chairman.—Removal of Chairman/Vice-
Chairman of State Bar Council by no-confidence motion in accordance with State
Bar Council Rules is not punitive, Pratap Chandra Mehta v. State Bar Council of
M.P., (2011) 9 SCC 573.
► Validity of rules made by State Bar Council.—For requirements under
Section 15(3) for validity of rules made by State Bar Council, is approval by Bar
Council of India. Sufficient notification of such approval is not a statutory
requirement, Pratap Chandra Mehta v. State Bar Council of M.P., (2011) 9 SCC
-----------------------------------------------------------------------------------------------------------------------------------------------------------
573.
► Right of voting.—Rule 32(g) made in exercise of power under Section 15
which says that a vote cast by an advocate is rendered invalid if he has indicated
less than ten preferences in ballot paper. It takes away right of voting granted
under Rule 1 of 1975 BCI Rules r/w Section 49(1)(a), 1961 Act, Bar Council of
Maharashtra & Goa v. Manubhai Paragji Vashi, (2012) 1 SCC 314.
► Ultra vires rule.—Approval by BCI under Section 15(3) of an ultra vires
rule made by State Bar Council is invalid, Bar Council of Maharashtra & Goa v.
Manubhai Paragji Vashi, (2012) 1 SCC 314.
► Power of State Bar Council.—Advocates Act should be given a wider and
not a restrictive interpretation so as to achieve and not frustrate object and
purposes of Advocates Act and to provide for complete and free democratic
functioning in Bar Councils, particularly when provisions of Section 15 are of
generic nature, Pratap Chandra Mehta v. State Bar Council of M.P., (2011) 9
SCC 573.
Chapter III
ADMISSION AND ENROLMENT OF ADVOCATES
16. Senior and other advocates.—(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, 71 [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 interests 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:
[Provided that where any such senior advocate makes an
72
application before the 31st December, 1965, to the Bar Council

maintaining the roll in which his name has been entered that he does
not desire to continue as a senior advocate, the Bar Council may grant
the application and the roll shall be altered accordingly.]
► Interpretation/construction.—The distinction, between the words “an
advocate” in Article 233(2) and the words “an advocate of a High Court” in Article
217(2)(b) has no significance in any event after the coming into force of the
Advocates Act, 1961 as by virtue of Section 16 of that Act there are only two
classes of persons entitled to practise, namely, Senior Advocates and other
Advocates, Chandra Prakash Agarwal v. Chaturbhuj Das, (1970) 1 SCC 182.
► Constitutional validity.—Validity of S. 16, upheld. Uniform guidelines
prescribed for Supreme Court and all High Courts as to procedure for designation
-----------------------------------------------------------------------------------------------------------------------------------------------------------
of Senior Advocates, Indira Jaising v. Supreme Court of India, (2017) 9 SCC

766 : (2017) 2 SCC (L&S) 802 : (2017) 4 SCC (Civ) 575.
► Designation of Senior Advocates.—Participation of Bar in designation
process of Senior Advocates, desirable, Indira Jaising v. Supreme Court of India,
(2017) 9 SCC 766 : (2017) 2 SCC (L&S) 802 : (2017) 4 SCC (Civ) 575.
17. State Bar Councils to maintain roll of advocates.—(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 73 [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.
(2) Each such roll of advocates shall consist of two parts, the first
part containing the names of senior advocates and the second part, the
names of other advocates.
(3) Entries in each part of the roll of advocates prepared and
maintained by a State Bar Council under this section shall be in the
order of seniority, 74 [and, subject to any rule that may be made by the
Bar Council of India in this behalf, such seniority shall be determined]
as follows:—
(a) the seniority of an advocate referred to in clause (a) of sub-
section (1) shall be determined in accordance with his date of
enrolment under the Indian Bar Councils Act, 1926 (38 of
1926);
(b) the seniority of any person who was a senior advocate of the
Supreme Court immediately before the appointed day shall, for
the purposes of the first part of the State roll, be determined in
accordance with such principles as the Bar Council of India may
specify;
(c) 75
[* * *]
(d) the seniority of any other person who, on or after the
appointed day, is enrolled as a senior advocate or is admitted
as an advocate shall be determined by the date of such
enrolment or admission, as the case may be;
76 [(e) notwithstanding anything contained in clause (a), the
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seniority of an attorney enrolled [whether before or after the

commencement77 of the Advocates (Amendment) Act, 1980] as
an advocate shall be determined in accordance with the date of
his enrolment as an attorney].
(4) No person shall be enrolled as an advocate on the roll of more
than one State Bar Council.
► Interpretation/construction.—Expression “advocate or pleader” occurring
in Article 233(2) refers to legal practitioner and means a person who has right to
act and/or plead in court on behalf of his client. Government Law Officers on rolls
of State Bar Council and entitled to practice under Advocates Act, 1961 are
covered by expression “advocate”, Deepak Aggarwal v. Keshav Kaushik, (2013)
5 SCC 277.
► Age-limit.—Rule 55(2)(g)(i) of Gujarat Bar Council Enrolment Rules
prescribing age-limit of 45 yrs for enrolment, quashed, H.D. Sailor v. Bar Council
of Gujarat, (2015) 13 SCC 427.
Amendments to Bar Council Enrolment Rules, of Tamil Nadu, Punjab and
Haryana, and Rajasthan respectively prescribing age-limit of 45 yrs for enrolment,
held invalid, Bar Council of T.N. v. M. Radhakrishnan, (2015) 13 SCC 428.
18. Transfer of name from one State roll to another.—(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:
[Provided that where any such application for transfer is made by a
78
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 has not been made bona fide, and that the
transfer should not be made, the Bar Council of India may, after giving
the person making the application an opportunity of making a
representation in this behalf, reject the application.]
(2) For the removal of doubts it is hereby declared that where on an
application made by an advocate under sub-section (1), his name is
transferred from the roll of one State Bar Council to that of another, he
shall retain the same seniority in the latter roll to which he was entitled
in the former roll.
19. State Bar Councils to send copies of rolls of advocates to the Bar
Council of India.—Every State Bar Council shall send to the Bar Council
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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, and additions to, any such roll, as
soon as the same have been made.
[20. Special provision for enrolment of certain Supreme Court
79
advocates.—(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.
(3) Where an advocate referred to in sub-section (1) omits or fails to
express his intention within the prescribed time, his name shall be
entered in the roll of the State Bar Council of Delhi.]
21. Disputes regarding seniority.—(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.
[(2) Subject as aforesaid, if any dispute arises with respect to the
80
seniority of any person, it shall be referred to the State Bar Council

concerned for decision.]
[22. Certificate of enrolment.—(1) There shall be issued a
81
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.]
23. Right of pre-audience.—(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.
82
[(3-A) Subject to the provisions of sub-sections (1), (2) and (3),
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the second Additional Solicitor-General of India shall have pre-audience

over all other advocates.]
(4) Subject to the provisions of sub-sections (1), 83 [(2), (3) and (3-
A)], 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 be determined by their respective seniority.
(5) Subject as aforesaid—
(i) senior advocates shall have pre-audience over other advocates,
and
(ii) the right of pre-audience of senior advocates inter se and
other advocates inter se shall be determined by their respective
seniority.
24. Persons who may be admitted as advocates on a State roll.—(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 fulfils 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 84 [12th day of March, 1967], from any University
in the territory of India; or
(ii) before the 15th day of August, 1947, from any University in
any area which was comprised before that date within India
as defined by the Government of India Act, 1935; or
85
[(iii) after the 12th day of March, 1967, save as provided in
sub-clause (iii-a), after undergoing a three-year course of
study in law from any University in India which is recognised
for the purposes of this Act by the Bar Council of India; or
(iii-a) after undergoing a course of study in law, the duration of
which is not less than two academic years commencing from
the academic year 1967-68, or any earlier academic year
from any University in India which is recognised for the
purposes of this Act by the Bar Council of India; or]
86
[(iv) in any other case, from any University outside the
territory of India, if the degree is recognised for the
purposes of this Act by the Bar Council of India; or]
[he is a barrister and is called to the Bar on or before the 31st
87
day of December, 1976; 88 [or has passed the articled clerk's

examination or any other examination specified by the High
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Court at Bombay or Calcutta for enrolment as an attorney of

that High Court;] or has obtained such other foreign
qualification in law as is recognised by the Bar Council of India
for the purpose of admission as an advocate under this Act];
(d) 89
[* * *]
(e) he fulfils such other conditions as may be specified in the
rules made by the State Bar Council under this Chapter;
90 [(f) he has paid, in respect of the enrolment, stamp duty, if any,
chargeable under the Indian Stamp Act, 1899 (2 of 1899), and
an enrolment fee payable to the State Bar Council of 91 [six
hundred rupees and to the Bar Council of India, one hundred
and fifty rupees by way of a bank draft drawn in favour of that
Council]:
Provided that where such person is a member of the Scheduled
Castes or the Scheduled Tribes and produces a certificate to
that effect from such authority as may be prescribed, the
enrolment fee payable by him to the State Bar Council shall be
92 [one hundred rupees and to the Bar Council of India, twenty-
five rupees].
[Explanation.—For the purposes of this sub-section, a person shall
93
be deemed to have obtained a degree in law from a University in India

on the date on which the results of the examination for that degree are
published by the University on its notice-board or otherwise declaring
him to have passed that examination.]
(2) Notwithstanding anything contained in sub-section (1), 94 [a vakil
or a pleader who is a law graduate] may be admitted as an advocate on
a State roll if he—
(a) makes an application for such enrolment in accordance with
the provisions of this Act, not later than two years from the
appointed day; and
(b) fulfils the conditions specified in clauses (a), (b), (e) and (f)
of sub-section (1).
[(3) Notwithstanding anything contained in sub-section (1), a
95
person who—
(a) 96 [* * *] has, for at least three years, been a vakil or a pleader
or a mukhtar, or was entitled at any time to be enrolled under
any law 97 [* * *] as an advocate of a High Court (including a
High Court of a former Part B State) or of a Court of Judicial
Commissioner in any Union territory; or
98 [(aa) before the 1st day of December, 1961, was entitled
otherwise than as an advocate to practise the profession of law
(whether by way of pleading or acting or both) by virtue of the
provisions of any law, or who would have been so entitled had
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he not been in public service on the said date; or]

(b) 99 [* * *]
(c) before the 1st day of April, 1937, has been an advocate of any
High Court in any area which was comprised within Burma as
defined in the Government of India Act, 1935; or
(d) is entitled to be enrolled as an advocate under any rule made
by the Bar Council of India in this behalf,
may be admitted as an advocate on a State roll if he—
(i) makes an application for such enrolment in accordance with
the provisions of this Act; and
(ii) fulfils the conditions specified in clauses (a), (d), (e) and (f) of
sub-section (1).
(4) 100
[* * *]]
► Qualification.—To acquire a qualification prescribed in clause (a) it is not
necessary that the person should have been a mukhtar for three years
immediately before the appointed day, Ramakanta Samanta v. State Bar Council,
1974 SCC OnLine Ori 53 : AIR 1975 Ori 78. See also Parmeshwar Pd. v. Union
of India, 1970 SCC OnLine Pat 74 : AIR 1971 Pat 316.
► Enrolment as an advocate.—The rule framed by BCI requiring a
candidate for enrolment as an Advocate to have completed his law course from a
college recognized/ approved by BCI cannot be said to be invalid, BCI v. Rabi
Sahu, 2023 SCC OnLine SC 734.
Power of Bar Council of India under Section 24(3)(d) is an enabling power to
make eligible otherwise ineligible person for enrolment as advocate under Section
24(1). But it cannot be exercised for making ineligible otherwise eligible person for
the enrolment by prescribing additional qualification of pre-enrolment training and
examination for enrolment as advocate, V. Sudeer v. Bar Council of India, (1999)
3 SCC 176.
Conditions of standard of legal education prescribed under Section 24 r/w Rule
1(1)(c) of Pt. IV of Bar Council of India Rules, 1975 must be fulfilled for
enrolment, Bar Council of India v. Apama Basu Mallick, (1994) 2 SCC 102.
Section 24(1) makes clear that an applicant for enrolment as an advocate,
besides other conditions, has to satisfy the provisions of the Act and the Bar
Council of India Rules made under it, Satish Kumar Sharma v. Bar Council of
H.P., (2001) 2 SCC 365 : 2001 SCC (L&S) 422.
[24-A. Disqualification for enrolment.—(1) No person shall be
101
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);
102
[(c) if he is dismissed or removed from employment or office
under the State on any charge involving moral turpitude.
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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
103
[release or dismissal or, as the case may be, removal].
(2) Nothing contained in sub-section (1) shall apply to a person who
having been found guilty is dealt with under the provisions of the
Probation of Offenders Act, 1958 (20 of 1958).]
► Pre-enrolment training.—Bar Council of India has jurisdiction and power
to introduce pre-enrolment training course or All India Bar Examination. Law laid
down in V. Sudeer v. Bar Council of India, (1999) 3 SCC 176, that failure to
undertake pre-enrolment training as enjoined by Bar Council of India Training
Rules would not amount to ‘disqualification’ within the meaning of Section 24-A,
overruled, Bar Council of India v. Bonnie Foi Law College, 2023 SCC OnLine SC
130.
25. Authority to whom applications for enrolment may be made.—An
application of admission as an advocate shall be made in the prescribed
form to the State Bar Council within whose jurisdiction the applicant
proposes to practise.
26. Disposal of applications for admission as an advocate.—(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) 104 [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:
[Provided that the Bar Council of India may, if satisfied, either on
105
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
to the Bar Council of India and every such reference shall be
accompanied by a statement of the grounds in support of the refusal of
the application.
(3) The enrolment committee of a State Bar Council shall dispose of
any application referred to the Bar Council of India under sub-section
(2) in conformity with the opinion of the Bar Council of India.
[(4) Where the enrolment committee of a State Bar Council has
106
refused any application for admission as an advocate on its roll, the

State Bar Council shall, as soon as may be, send intimation to all other
State Bar Councils about such refusal stating the name, address and
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qualifications of the person whose application was refused and the

grounds for the refusal.]
► Application form for enrolment.—Although the application form for
enrolment as an advocate does not require the applicant to state whether he had
been previously convicted, still he is bound to state this fact, Joginder Singh v. Bar
Council of India, 1974 SCC OnLine Del 183 : AIR 1975 Del 192.
107 [26-A. Power to remove names from roll.—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.]
27. Application once refused not to be entertained by another Bar
Council except in certain circumstances.—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.
28. Power to make rules.—(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
108
[(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;]
(b) 109 [* * *]
(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;
(e) the instalments in which the enrolment fee may be paid.
(3) No rules made under this Chapter shall have effect unless they
have been approved by the Bar Council of India.
Chapter IV
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled to
practise law.—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.
► Parity of powers between pleaders and advocates.—Competence of a
pleader to enter into compromise without the consent of the concerned party,
determined, Jamilabai Abdul Kadar v. Shankerlal Gulabchand, (1975) 2 SCC
-----------------------------------------------------------------------------------------------------------------------------------------------------------
609.
► Bar to practise.—Persons not enrolled as advocates under Bar Council of
India cannot practise. It would depend on case-to-case basis by applying doctrine
of pith and substance, whether services provided amount to “practice of law” or
not, Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379.
► Right to practise law in India.—Foreign law firms/companies or foreign
lawyers cannot practise law in India either on litigation or on non-litigation side,
Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379.
NOTES
Bar Council of India Rules for Registration and Regulation of Foreign
Lawyers and Foreign Law Firms in India, 2022 opened entry for foreign
lawyers and law firms in India.
Further, BCI through press release dated 19-3-2023 clarified that
the foreign lawyers/ law firms in India will not be restricted to advise
clients on foreign laws and international laws.
30. Right of advocates to practise.—Subject to the provisions of this
Act, every advocate whose name is entered in the 110 [State roll] shall
be entitled as of right to practise throughout the territories to which
this Act extends,—
(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 any law for the time being in force
entitled to practise.
► Interpretation/construction.—Expression “subject to” occurring in
Section 30includes Section 34, Bar Council of India v. High Court of Kerala,
(2004) 6 SCC 311.
► Levy of stamp-duty on certificate of enrolment.—The stamp-duty which
is payable on the certificate of enrolment pertains to the domain of taxation and it
is hardly possible to regard it as a condition which can be prescribed for
enrolment under the Entries in List I. The imposition of such a duty falls in pith and
substance under Entry 44 of List II, Bar Council of U.P. v. State of U.P., (1973) 1
SCC 261.
► Right to practice.—The right to practice law is a statutory right which itself
is restricted one. It is controlled by the provisions of the Advocates Act, 1961 and
the Rules framed by the Bar Council under that Act. It is not only a statutory right
under the provisions of the Advocates Act but would also be a fundamental right
under Article 19(1)(g) of the Constitution and is subject to reasonable restrictions,
N. K. Bajpai v. Union of India, (2012) 4 SCC 653. See also Jamshed Ansari v.
High Court of Allahabad, (2016) 10 SCC 554 : (2017) 1 SCC (L&S) 241 : (2017)
1 SCC (Cri) 247 : (2017) 1 SCC (Civ) 135.
Right of advocates to practice envelops a number of acts to be performed in
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discharge of professional duties. Such acts include providing counsel to clients,

giving legal opinions whenever sought, drafting instruments, pleadings, affidavits
or other documents and participating in conferences involving the law, Pravin C.
Shah v. K.A. Mohd. Ali, (2001) 8 SCC 650.
Bar Council exercises control over Advocate's right to practice, whereas High
Court has power to formulate rules for regulating proceedings inside the court,
including the conduct of advocates during such proceedings. Court cannot be
deprived of control or supervision of proceedings inside a court, merely because
the right of an advocate is involved, Pravin C. Shah v. K.A. Mohd. Ali, (2001) 8
SCC 650.
► Appearance of lawyer before Industrial Tribunal.—The Industrial
Disputes Act is a special statute. This special Act will prevail over the Advocates
Act which is a general piece of legislation with regard to the subject-matter of
appearance of lawyers before all courts, tribunals and other authorities, Paradeep
Port Trust v. Workmen, (1977) 2 SCC 339; 1977 SCC (L&S) 253.
► Appearance before Maintenance Tribunal.—Section 30 of the Advocates
Act, 1961 gives an absolute right to an advocate to practise before all courts and
tribunals. It prevails over Section 17 of the Maintenance and Welfare of Parents
and Senior Citizens Act, 2007. Pawan Reley v. Union of India,(2022) 6 HCC (Del)
179 : 2022 SCC OnLine Del 3221
► Advocates on Record.—Exclusive rights conferred on Advocates on
Record to act or plead before the Supreme Court is not violative of Article 14 and
19(g) nor counter to Section 30 of the Advocates Act, 196. The same held valid in
the view of Article 145 and Section 52(b) of the Advocates Act, 1961. Nandini
Sharma v. Supreme Court of India, (2023) 3 SCC 523
► Private person.—A private person cannot of right seek to represent any
party. He can do so only on obtaining prior permission of the court on motion by
the party he seeks to represent. The court may grant or withhold permission.
Permission may be cancelled if the private person is found unworthy or
reprehensible, Harshankar Rastogi v. Girdhari Sharma, (1978) 2 SCC 165 : 1978
SCC (Cri) 168.
► Allotment of chamber.—Allotment of chamber in Court premises neither a
fundamental nor mere right, Vinay Balachandra Joshi v. Registrar General,
Supreme Court of India, (1998) 7 SCC 461.
► “Proxy counsel”.—Any half-baked lawyer under label of “proxy counsel”
cannot be allowed to abuse and misuse process of court and waste public time,
Surendra Mohan Arora v. HDFC Bank Ltd., (2014) 15 SCC 294 : (2015) 4 SCC
(Civ) 187.
► Demand notice through Advocate.—On a conjoint reading of Section 30
of the Advocates Act, 1961 dealing with the fundamental right under Article 19(1)
(g) of the Constitution to practise one's profession and Sections 8 and 9 of
Insolvency and Bankruptcy Code together with the Adjudicatory Authority Rules
and Forms, demand notice sent on behalf of an operational creditor by a
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Advocate, held, is valid, Macquarie Bank Ltd. v. Shilpi Cable Technologies Ltd.,
(2018) 2 SCC 674.
► Representation by a lawyer in the in-house proceedings.—In-House
Committees i.e. Committee/Review Committee qua declaring a borrower as a wilful
defaulter is not a Tribunal and not vested with State's judicial power. Thus, no
lawyer has any right under Section 30 of the Advocates Act to appear before the
In-House Committees, SBI v. Jah Developers (P) Ltd., (2019) 6 SCC 787.
31. Special provision for attorneys.—111 [* * *]
32. Power of court to permit appearances in particular cases.—
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.
33. Advocates alone entitled to practise.—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 practise in
any court or before any authority or person unless he is enrolled as an
advocate under this Act.
► Representation by Pleader/Advocate.—Choice of an individual to
represent himself in a dispute before a court or a tribunal is a vested inherent
right. It is only the privilege of being represented through someone else that needs
the sanction of law, India Yamaha Motor (P) Ltd. v. Dharam Singh, (2015) 2 SCC
108 : (2015) 1 SCC (L&S) 313.
34. Power of High Courts to make rules.—(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-A) The High Court shall make rules for fixing and regulating by
112
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) Without prejudice to the provisions contained in sub-section
113
(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 58-AG for the
purpose of being admitted as advocates on the State roll and any other
matter connected therewith.]
(3) 114 [* * *]
► Power of High Court to frame rules.—Relative scope of power of High
Court to frame rules under S. 34 re conditions subject to which an advocate shall
be permitted to practise in High Court and subordinate courts vis-à-vis
Disciplinary powers of Bar Council of India/State Bar Councils under Ss. 35 to
37, explained. Rules 14-A to 14-D of Madras High Court Rules, 1970, which
envisage disciplinary control over advocates, held, ultra vires Section 34, R.
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Muthukrishnan v. High Court of Judicature at Madras, (2019) 16 SCC 407.

Chapter V
CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct.—(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-A) The State Bar Council may, either of its own motion or on
115
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 116 [* * *] shall
fix a date for the hearing of the case and shall cause a notice thereof to
be given to the advocate concerned and the Advocate-General of the
State.
(3) The disciplinary committee of a State Bar Council after giving the
advocate concerned and the Advocate-General an opportunity of being
heard, may make any of the following orders, namely:—
(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.
(4) Where an advocate is suspended from practice under clause (c)
of sub-section (3), he shall, during the period of suspension, be
debarred from practising in any court or before any authority or person
in India.
(5) Where any notice is issued to the Advocate-General under sub-
section (2), the Advocate-General may appear before the disciplinary
committee of the State Bar Council either in person or through any
advocate appearing on his behalf.
[Explanation.—In this section, 118 [Section 37 and Section 38], the
117
expressions “Advocate-General” and “Advocate-General of the State”

shall, in relation to the Union territory of Delhi, mean the Additional
Solicitor-General of India.]
► Interpretation/construction.—Scope of requirement of Bar Council to
have ‘reason to believe’, explained, Bar Council of Maharashtra v. M.V.
Dabholkar, (1976) 2 SCC 291.
► Duty of advocates.—A lawyer owes a duty to be fair not only to his client
-----------------------------------------------------------------------------------------------------------------------------------------------------------
but also to the court as well as to the opposite party in the conduct of the case,
P.D. Gupta v. Ram Murti, (1997) 7 SCC 147.
It is the duty of advocate to appear in court or to make alternative arrangement
and failure to appear without sufficient cause, is not excusable. Absence is unfair
both to client as well as court, Deptt. of Horticulture v. Raghu Raj, (2008) 13 SCC
395.
► Obligation of the advocate.—Obligation in respect of intimation of
engagement of an advocate in full-time employment as well as change in his
address to Bar Council is on the part of the advocate, Suresh Shivarao
Hattiangadi v. N.D. Upadhyaya, (2002) 9 SCC 478.
► Duties of Bar Councils.—Role and duty of Bar Councils relating to
prevention of strikes/boycotts by lawyers and disciplinary action regarding the
same, expounded, District Bar Assn., Dehradun v. Ishwar Shandilya, (2020) 17
SCC 672.
► Misconduct.—Misconduct under Section 35(1) is of wider import.
Misconduct covers any misdemeanour or misdeed or misbehaviour which
obstructs administration of justice such as seeking repeated adjournments on
flimsy or frivolous grounds. So also abusing the process of court is misconduct
and Tactics of filibuster are also professional misconduct, N.G. Dastane v.
Shrikant S. Shivde, (2001) 6 SCC 135.
► Professional misconduct.—A legal practitioner is bound to conduct
himself in a manner befitting the high and honourable profession to whose
privileges he has so long been admitted; and if he departs from the high standards
which that profession has set for itself and demands of him in professional
matters, he is liable to disciplinary action, Re ‘M’ an Advocate, 1956 SCC OnLine
SC 2 : AIR 1957 SC 149 : 1956 SCR 811 : 1957 Cri LJ 300 : 1957 SCA 229.
Mere negligence or error of judgment does not amount to professional
misconduct, T.A. Kathiru Kunju v. Jacob Mathai, (2017) 5 SCC 755 : (2017) 2
SCC (L&S) 87 : (2017) 2 SCC (Cri) 898 : (2017) 3 SCC (Civ) 237,; (See also
Noratanmal Chouraria v. M.R. Murli, (2004) 5 SCC 689, L.D. Jaisinghani v.
Naraindas N. Punjabi, (1976) 1 SCC 354, Jaipur Vikas Pradhikaran v. Ashok
Kumar Choudhary, (2011) 14 SCC 105 : (2012) 2 SCC (L&S) 837, CBI v. K.
Narayana Rao, (2012) 9 SCC 512 : (2012) 3 SCC (Cri) 1183 : (2012) 4 SCC
(Civ) 737 and T.A. Kathiru Kunju v. Jacob Mathai, (2017) 5 SCC 755 : (2017) 2
SCC (L&S) 87 : (2017) 2 SCC (Cri) 898 : (2017) 3 SCC (Civ) 237 .
► Test to determine professional misconduct.—The test to determine
professional misconduct within the meaning of Section 35(1) is whether the
proved misconduct of the advocate is such that he must be regarded as unworthy
to remain a member of the honourable profession to which he has been admitted,
and unfit to be entrusted with the responsible duties that an advocate is called
upon to perform, P.D. Khandekar v. Bar Council of Maharashtra, (1984) 2 SCC
556 : 1984 SCC (Cri) 335.
The question of professional conduct are as open as charges of cowardice
-----------------------------------------------------------------------------------------------------------------------------------------------------------
against Generals or reconsideration of the conviction of person convicted of

crimes, O.N. Mohindroo v. District Judge, Delhi, (1971) 3 SCC 5, 12.
► Burden of proof.—Burden of proof lies on the complainant, John D'Souza
v. Edward Ani, (1994) 2 SCC 64.
► Quantum of punishment.—Quantum of punishment should be determined
by applying the test of proportionality and having regard to the nature of acts
complained of, Noratanmal Chouraria v. M.R. Murli, (2004) 5 SCC 689; (See
also Harish Chander Singh v. S.N. Tripathi, (1997) 9 SCC 694, Prahlad Saran
Gupta v. Bar Council of India, (1997) 3 SCC 585, Hikmat Ali Khan v. Ishwar
Prasad Arya, (1997) 3 SCC 131.
Punishment to be imposed for professional misconduct should not be merely
punitive but should be correctional as well, V.C. Rangadurai v. D. Gopalan, (1979)
1 SCC 308. In Bar Council v. M.V. Dabholkar, (1976) 2 SCC 291 admonition by
court was held proper. Unconditional regret for the deviant behaviour as
assurance for observing professional propriety, held, call for a reduced sentence
Cancellation and withdrawal of enrolment of advocate whose enrolment itself was
contrary to law, does not amount to punishment under Section 35(3)(d), Satish
Kumar Sharma v. Bar Council of H.P., (2001) 2 SCC 365 : 2001 SCC (L&S) 422.
Probity of legal profession, can be effectively maintained only by Disciplinary
Committee of the Bar Council, either of the State concerned or of India. Awarding
of appropriate and meaningful punishments should convey to the members of the
profession the message that their professional activities are being watched and
that professional delinquency would not be taken lightly, Harish Chandra Tiwari v.
Baiju, (2002) 2 SCC 67 : 2002 SCC (Cri) 294.
► Instances of professional misconduct.—The following are the instances
of professional misconduct:
(1) Representing conflicting interests without knowledge and concurrence
of all the parties, V.C. Rangadurai v. D. Gopalan, (1979) 1 SCC 308.
(2) Taking money under false pretext, N.B. Mirzan v. Disciplinary
Committee, (1972) 4 SCC 412.
(3) Handing over brief to another lawyer without consent of the client, V.C.
Rangadurai v. D. Gopalan, (1979) 1 SCC 308.
(4) Solicitation by snatching briefs and catching and undercutting fees, Bar
Council v. M.V. Dabholkar, (1976) 2 SCC 291.
(5) Obtaining copy of statement of witness by misleading the court and
putting indecent questions to prosecutrix in rape case, Sheo Narian
Jafa v. Judge, Allahabad High Court, AIR 1953 SC 368 : 1953 Cri LJ
1459.
(6) Imputation of partiality and unfairness against Munsif in open court.
Lalit Mohan Dass, In re, AIR 1957 SC 250.
(7) Advocate entering into agreement with client to share the result of
litigations. Re Mr ‘G’ a senior Advocate of Supreme Court, AIR 1954
-----------------------------------------------------------------------------------------------------------------------------------------------------------
SC 557.
(8) Advocate writing letter to Government of Maharashtra soliciting their
briefs. Re ‘A’ an Advocate, AIR 1962 SC 1337.
(9) Taking money from client for bringing an official, Chandra Shekhar
Soni v. Bar Council of Rajasthan, (1983) 4 SCC 255 : 1983 SCC (Cri)
837.
(10) Advocate switching sides in a criminal case, Chandra Shekhar Soni v.
Bar Council of Rajasthan, (1983) 4 SCC 255 : 1983 SCC (Cri) 837.
► Instances not amounting to professional misconduct.—The following
are the instances where professional misconduct was not proved:
(1) Advocate taking hand loan from opposite party and failing to repay it, R.
Janardhana Rao v. G. Lingappa, (1999) 2 SCC 186.
(2) Appellant alleged to have filed large number of cases on behalf of wife
of respondent against respondent, Bharat Lal Pandey v. Ramji Prasad
Yadav, (2009) 17 SCC 644.
► Criminal misconduct.—Where the misconduct alleged has no direct
connection with the conduct of the pleader in his practical and immediate relation
to the court, ordinarily, there should be a trial and conviction for criminal
misconduct before disbarment will be ordered, P.J. Ratnam v. D. Kanikaram, AIR
1964 SC 244; (1964) 1 Cri LJ 146.
In case of misconduct/criminal contempt of intimidating and threatening Judge
when Bar Council was not taking action in spite of High Court direction, suo motu
exercise of power by High Court under Article 226 of the Constitution and/or
Supreme Court under Section 38 of Advocates Act in case of such inaction, held,
permissible, Mahipal Singh Rana v. State of U.P., (2016) 8 SCC 335 : (2016) 2
SCC (L&S) 390 : (2016) 3 SCC (Cri) 476 : (2016) 4 SCC (Civ) 1.
► Grave/Serious misconduct.—To communicate to a client that a particular
Judge is open to bribery and suggest that the client should part with money to be
passed on to the Judge is a serious misconduct, Shambhu Ram Yadav v.
Hanuman Das Khatry, (2001) 6 SCC 1 : 2001 SCC (Cri) 949.
Misappropriation of client's money is a grave misconduct, Bar Council of A.P.
v. Kurapati Satyanarayana, (2003) 1 SCC 102 : 2003 SCC (Cri) 155.
► Reasonable fee.—When the moneys of the client come into the possession
of an agent or an advocate, otherwise than as earmarked fees, he has to treat
himself as in the position of a trustee for the client in respect of the said moneys.
Even if he has a lien on such moneys, it would be improper for him to retain, i.e.,
to appropriate the same towards his fees without the consent, express or implied,
of his client or without an order of the court. . Re ‘M’ an Advocate, AIR 1957 SC
149 : 1956 SCR 811 : 1957 Cri LJ 300.
► Misappropriation of money.—Where the advocate takes money from his
client under false pretext, misappropriation of money can be inferred, N.B. Mirzan
v. Disciplinary Committee, (1972) 4 SCC 412.
► Dereliction of duty.—The conduct which amounts to dereliction of duty by
-----------------------------------------------------------------------------------------------------------------------------------------------------------
an Advocate towards his client or towards his case would amount to processional
misconduct. But negligence without moral turpitude or delinquency may not
amount to professional misconduct, V.P. Kumaravelu v. Bar Council of India,
(1997) 4 SCC 266.
► Criminal charge.—A lawyer's account should be clear and clean and
above suspicion of manipulation, but that there may arise some omissions and
commissions in the account cannot give rise to a criminal charge for which strong
and unimpeachable proof will be necessary, Vasudeo Kulkarni v. Surya Kant
Bhatt, (1977) 2 SCC 298 : 1977 SCC (Cri) 343.
► Prejudice.—A lawyer is restrained from acting for another client on ground
of conflict of interest as duty of lawyer owed to his former client not to act
prejudicially to client's interest does not end with termination of earlier case of his
client with whom he had shared confidential information, Chander Prakash Tyagi
v. Benarsi Das, (2015) 8 SCC 506 : (2015) 2 SCC (L&S) 826 : (2015) 3 SCC
(Cri) 663 : (2015) 4 SCC (Civ) 376.
► Contingent fee.—Contingent fee claim is a professional misconduct and
against public policy, B. Sunitha v. State of Telangana, (2018) 1 SCC 638.
36. Disciplinary powers of Bar Council of India.—(1) Where on
receipt of a complaint or otherwise the Bar Council of India has reason
to believe that any advocate 119 [* * *] 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, 120 [either of its
own motion or on a report by any State Bar Council or 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
be, the procedure laid down in Section 35, the references to the
Advocate-General in that section being construed as references to the
Attorney-General of India.
(4) In disposing of any proceedings under this section the
disciplinary committee of the Bar Council of India may make any order
which the disciplinary committee of a State Bar Council can make under
sub-section (3) of Section 35, and where any proceedings have been
withdrawn for inquiry 121 [before the disciplinary committee of the Bar
Council of India], the State Bar Council concerned shall give effect to
any such order.
► Duty of the disciplinary bodies.—It is the onerous duty of the disciplinary
bodies of the legal profession to ensure that advocates adhere to the high
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standards set for them, to take appropriate action against delinquents and thereby
protect the credibility and reputation of the profession, as well as the vital public
interest in the due administration of justice, Shambhu Ram Yadav v. Hanuman
Das Khatry, (2001) 6 SCC 1 : 2001 SCC (Cri) 949.
[36-A. Changes in constitution of disciplinary committees.—
122
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 proceedings from the stage at which
the proceedings were so left by its predecessor committee.
36-B. Disposal of disciplinary proceedings.—(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 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 Council shall
dispose of the same within a period of six months from the date of such
commencement or within a period of one year from the date of the
receipt of the complaint or, as the case may be, the date of initiation of
the proceedings at the instance of the State Bar Council, whichever is
later, failing which such proceedings shall stand transferred to the Bar
Council of India for disposal under sub-section (1)].
► Disciplinary Committee of State Bar Council.—Disciplinary Committee of
State Bar Council should dispose of the complaint expeditiously within a period of
one year and not leave it to be decided by the Bar Council of India, P.D. Gupta v.
Ram Murti, (1997) 7 SCC 147.
► Jurisdiction of BCI.—Remand of case by BCI back to State Bar Council
upon statutory transfer of proceedings under Section 36-B(1) to BCI, not
permissible, Ajitsinh Arjunsinh Gohil v. Bar Council of Gujarat, (2017) 5 SCC
465 : (2017) 2 SCC (L&S) 1 : (2017) 2 SCC (Cri) 566 : (2017) 3 SCC (Civ) 17.
► Transferring inquiry.—It is necessary to transfer inquiry to Bar Council of
India after expiry of one year from receipt of complaint, Achal Saxena v. Sudhir
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Yadav, (2017) 13 SCC 657 : (2017) 4 SCC (Cri) 742 : (2017) 5 SCC (Civ) 724.
37. Appeal to the Bar Council of India.—(1) Any person aggrieved by
an order of the disciplinary committee of a State Bar Council made 123
[under Section 35] 124 [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 125 [(including an
order varying the punishment awarded by the disciplinary committee of
the State Bar Council)] thereon as it deems fit:
[Provided that no order of the disciplinary committee of the State
126
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.]
► Disciplinary Committee of Bar Council—The power of review is expressly
granted to the disciplinary committee of the Bar Council which may on its motion
or otherwise review any order passed by it. The word “otherwise” is wide enough
to cover a case referred by the Bar Council for review. There is a proviso which
makes the Bar Council of India the final judge because no order of a disciplinary
committee of a State Bar Council on review has effect unless it is approved by the
Bar Council of India, O.N. Mohindroo v. District Judge, Delhi, (1971) 3 SCC 5 :
AIR 1971 SC 107.
► Cross-appeal.—“cross-appeal” is not contemplated under Section 37 and
hence is not maintainable, Dhanraj Singh Choudhary v. Nathulal Vishwakarma,
(2012) 1 SCC 741 : (2012) 1 SCC (L&S) 316 : (2012) 1 SCC (Cri) 761.
► Limitation Act.—Limitation Act, 1963 is applicable to appeals under the
1961 Act, Dhanraj Singh Choudhary v. Nathulal Vishwakarma, (2012) 1 SCC
741 : (2012) 1 SCC (L&S) 316 : (2012) 1 SCC (Cri) 761 : (2012) 1 SCC (Civ)
385.
38. Appeal to the Supreme Court.—Any person aggrieved by an
order made by the disciplinary committee of the Bar Council of India
under Section 36 or Section 37 127 [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 128 [(including an order varying the punishment
awarded by the disciplinary committee of the Bar Council of India)]
thereon as it deems fit:
[Provided that no order of the disciplinary committee of the Bar
129
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.]
► Constitutionality.—The Act falls under clause (1) and not clause (2) of
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Article 138 of the Constitution. Hence it is not invalid on account of its having been
enacted without special agreement with the State Government, O.N. Mohindroo v.
Bar Council, 1968 SCC OnLine SC 3 : AIR 1968 SC 888.
► Appeal to Supreme Court.—The scope of appeal to the Supreme Court,
explained, O.N. Mohindroo v. District Judge, Delhi, (1971) 3 SCC 5.
► Maintainability.— Appeal to Supreme Court by any “person aggrieved”
includes Bar Council of a State, Bar Council of Maharashtra v. M.V. Dabholkar,
(1975) 2 SCC 702.
State Bar Council, apart from having quasi-judicial power, has also the role of
prosecutor through its Executive Committee. Being the prosecutor, the State Bar
Council would be an “aggrieved person”, Bar Council of A.P. v. Kurapati
Satyanarayana, (2003) 1 SCC 102 : 2003 SCC (Cri) 155.
► Interference by Supreme Court.—The charges of professional
misconduct must be clearly proved and should not be inferred from mere ground
for suspicion, however reasonable, or what may be error of judgment or
indiscretion.In an appeal under Section 38 of the Supreme Court would not as a
general rule, interfere with the concurrent finding of fact by the Disciplinary
Committee of the Bar Council of India and the State Bar Council unless the finding
is based on no evidence or it proceeds on mere conjectures and surmises, P.D.
Khandekar v. Bar Council of Maharashtra, (1984) 2 SCC 556 : 1984 SCC (Cri)
335; Chandra Shekhar Soni v. Bar Council of Rajasthan, (1983) 4 SCC 255 :
1983 SCC (Cri) 837.
Though Supreme Court's jurisdiction under Section 38 is wide but findings of
Disciplinary Committee of Bar Council of India are entitled to great weight,
Noratanmal Chouraria v. M.R. Murli, (2004) 5 SCC 689.
130 [39. Application of Sections 5 and 12 of Limitation Act, 1963.—The
provisions of Sections 5 and 12 of the Limitation Act, 1963 (36 of

1963), shall, so far as may be, apply to appeals under Section 37 and
Section 38.]
40. Stay of order.—131 [(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, for sufficient cause, direct
the stay of such order on such terms and conditions as it may deem fit.
[(2) Where an application is made for stay of the order before the
132
expiration of the time 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.]
41. Alteration in roll of advocates.—(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—
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(a) in the case of an advocate whose name is entered in a State

roll, in that roll;
(b) 133
[* * *]
and where any order is made removing an advocate from practice, his
name shall be struck off the State roll 134 [* * *].
(2) 135
[* * *]
(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.
42. Powers of disciplinary committee.—(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 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.
(2) All proceedings before a disciplinary committee of a Bar Council
shall be deemed to be judicial proceedings within the meaning of
Sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and
every such disciplinary committee shall be deemed to be a civil court
for the purposes of Sections 480, 482 and 485 of the Code of Criminal
Procedure, 1898 (5 of 1898).136
(3) For the purposes of exercising any of the powers conferred by
sub-section (1), a disciplinary committee may send to any civil court in
the territories to which this Act extends, any summons or other
process, for the attendance of a witness or the production of a
document required by the committee or any commission which it
desires to issue, and the civil court shall cause such process to be
served or such commission to be issued, as the case may be, and may
enforce any such process as if it were a process for attendance or
production before itself.
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[(4) Notwithstanding the absence of the Chairman or any member

137
of a disciplinary committee on a date fixed for the hearing of a case

before it, the disciplinary committee may, if it so thinks fit, hold or
continue the proceedings on the date so fixed and no such proceedings
and no order made by the disciplinary committee in any such
proceedings shall be invalid merely by reason of the absence of the
Chairman or member thereof on any such date:
Provided that no final orders of the nature referred to in sub-section
(3) of Section 35 shall be made in any proceeding unless the Chairman
and other members of the disciplinary committee are present.
(5) Where no final orders of the nature referred to in sub-section (3)
of Section 35 can be made in any proceedings in accordance with the
opinion of the Chairman and the members of a disciplinary committee
either for want of majority opinion amongst themselves or otherwise,
the case, with their opinion thereon, shall be laid before the Chairman
of the Bar Council concerned or if the Chairman of the Bar Council is
acting as the Chairman or a member of the disciplinary committee,
before the Vice-Chairman of the Bar Council, and the said Chairman or
the Vice-Chairman of the Bar Council, as the case may be, after such
hearing as he thinks fit, shall deliver his opinion and the final order of
the disciplinary committee shall follow such opinion.]
► Natural justice.—While determining the guilt of an advocate, the
Disciplinary Authority would be expected to exercise the power with full
consciousness and awareness of the paramount consideration regarding
principles of natural justice and fair play, An Advocate v. Bar Council of India,
1989 Supp (2) SCC 25 : 1989 SCC (Cri) 625.
[42-A. Powers of Bar Council of India and other committees.—The
138
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.]
43. Cost of proceedings before a disciplinary committee.—The
disciplinary committee of a Bar Council may make such order as to the
costs of any proceedings before it as it may deem fit and any such
order shall be executable as if 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.
44. Review of orders by disciplinary committee.—The disciplinary
committee of a Bar Council may of its own motion or otherwise review
any order 139 [within sixty days of the date of that order] passed by it
under this Chapter:
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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.
► Powers of review.—Scope and extent of powers of review of orders by
disciplinary committee, discussed, O.N. Mohindroo v. District Judge, (1971) 3
SCC 5.
Under review by Disciplinary Committee of Bar Council of India of the
punishment awarded, different view on same set of facts, is not permitted,
Shambhu Ram Yadav v. Hanuman Das Khatry, (2001) 6 SCC 1 : 2001 SCC
(Cri) 949.
Chapter VI
MISCELLANEOUS
45. Penalty for persons illegally practising in courts and before other
authorities.—Any person who practises 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.
46. Payment of part of enrolment fees to the Bar Council of India.—
140
[* * *]
[46-A. Financial assistance to State Bar Council.—The Bar Council
141
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.]
47. Reciprocity.—(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 prescribe 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.
48. Indemnity against legal proceedings.—No suit or other legal
proceeding shall lie against any Bar Council or any committee thereof or
a member of a Bar Council 142 [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.
[48-A. Power of revision.—(1) The Bar Council of India may, at
143
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.]
[48-AA. Review.—The Bar Council of India or any of its
144
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.]
► Scope of review power of Bar Council of India (BCI)/its Disciplinary
Committee.—Though in view of the dicta of the Supreme Court in O.N.
Mohindroo, (1971) 3 SCC 5, the review power of BCI/Disciplinary Committee
must not be confined within the narrow parameters laid down in Section 114 and
Order 47 Rule 1 CPC, however, that power cannot be extended to the extent that
reviewing authority becomes appellate authority over its own order passed earlier.
Overturning a finding of fact on basis of same material which was produced
earlier and going by same arguments which were advanced earlier, held, is
beyond the scope of review jurisdiction, Advanta India Ltd. v. B.N. Shivanna,
(2018) 14 SCC 666.
[48-B. Power to give directions.—(1) For the proper and efficient
145
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
direction shall have effect, notwithstanding anything contained in the
rules made by the State Bar Council.]
49. General power of the Bar Council of India to make rules.—146
[(1)] The Bar Council of India may make rules for discharging its
functions under this Act, and, in particular, such rules may prescribe—
147
[(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
disqualification for such membership;
(ac) the time within which and the manner in which effect may be
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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 one State roll;
(ae) the manner in which the seniority among advocates may be
determined;
148 [(af) the minimum qualifications required for admission to a
course of degree in law in any recognised University;]
(ag) the class or category of persons entitled to be enrolled as
advocates;
(ah) the conditions subject to which an advocate shall have the
right to practise and the circumstances under which a person
shall be deemed to practise as an advocate in a court;]
(b) the form in which an application shall be made for the transfer
of the name of an advocate from one State roll to another;
(c) the standards of professional conduct and etiquette to be
observed by advocates;
(d) the standards of legal education to be observed by
Universities in India and the inspection of Universities for that
purpose;
(e) the foreign qualifications in law obtained by persons other
than citizens of India which shall be recognised for the purpose
of admission as an advocate under this Act;
(f) the procedure to be followed by the disciplinary committee of a
State Bar Council and by its own disciplinary committee;
(g) the restrictions in the matter of practice to which senior
advocates shall be subject;
149
[(gg) the form of dresses or robes to be worn by advocates,
having regard to the climatic conditions, appearing before any
court or tribunal;]
(h) the fees which may be levied in respect of any matter under
this Act;
150
[(i) general principles for guidance of State Bar Councils and
the manner in which directions issued or orders made by the
Bar Council of India may be enforced;
(j) any other matter which may be prescribed]:
[Provided that no rules made with reference to clause (c) or clause
151
(gg) shall have effect unless they have been approved by the Chief
Justice of India]:
[Provided further that] no rules made with reference to clause (e)
152
shall have effect unless they have been approved by the Central
Government.
153 [(2) Notwithstanding anything contained in the first proviso to sub
-----------------------------------------------------------------------------------------------------------------------------------------------------------
-section (1), any rules made with reference to clause (c) or clause (gg)
of the said sub-section and in force immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of
1973), shall continue in force until altered or repealed or amended in
accordance with the provisions of this Act.]
► Rules framed under the section.—Rules framed under Section 49(1) by
the Bar Council of India must be within the framework of the Act, V. Sudeer v. Bar
Council of India, (1999) 3 SCC 176.
► Rule making power.—Enabling rule making power under Section 49(1)
(ag) cannot be invoked by Bar Council of India to curtail the existing eligibility of
applicants under Section 24(1) for enrolment as advocates. Hence, rule
prescribing pre-enrolment training and examination as additional qualification for
enrolment as advocate on State roll cannot be made under Section 49(1)(ag). Rule
cannot go beyond the statutory function of Bar Council of India under Section 24
(3)(d), V. Sudeer v. Bar Council of India, (1999) 3 SCC 176.
► Rule in respect of eligibility.—For deletion of second and third paras of
Rule 49 by Bar Council of India vide Resolution dt. 22-6-2001 was unnecessary
because rule in respect of eligibility is traceable to Section 49(1)(ah) of Advocates
Act, 1961, Deepak Aggarwal v. Keshav Kaushik, (2013) 5 SCC 277.
► Powers of BCI.—BCI and not any State Bar Council is empowered to
make rules with regard to : (a) preparation of electoral rolls, and (b) qualification
and disqualification of voters for elections to State Bar Councils, Bar Council of
Maharashtra & Goa v. Manubhai Paragji Vashi, (2012) 1 SCC 314.
If the acquisition of a degree in law is essential for being qualified to be
admitted as an advocate on a State roll, it is obvious that the Bar Council of India
must have the authority to prescribe the standards of legal education to be
observed by Universities in the country, Bar Council of India v. Apama Basu
Mallick, (1994) 2 SCC 102.
► Entitlement of MPs/MLAs/MLCs, to practice.—There is no express
provision in the 1961 Act or the Rules framed thereunder to even remotely suggest
that any restriction has been imposed on elected people's representatives,
namely, MPs/MLAs/MLCs to continue to practice as advocates and in absence of
an express restriction in that behalf, it is not open to Court to debar elected
people's representatives from practising during the period when they are
MPs/MLAs/MLCs, Ashwini Kumar Upadhyay v. Union of India, (2019) 11 SCC
683.
[49-A. Power of Central Government to make rules.—(1) The
154
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
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(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 Councils 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
advocates under this Act;
(d) the category of persons who may be exempted from
undergoing a course of training and passing an examination
prescribed under clause (d) of sub-section (1) of Section 24;
(e) the manner in which seniority among advocates may be
determined;
(f) the procedure to be followed by a disciplinary committee of a
Bar Council in hearing cases and the procedure to be followed
by a disciplinary committee of the Bar Council of India in
hearing appeals;
(g) any other matter which may be prescribed.
(3) Rules under this section may be made either for the whole of
India or for all or any of the Bar Councils.
(4) If any provision of a rule made by a Bar Council is repugnant to
any provision of a rule made by the Central Government under this
section, then, the rule under this section, whether made before or after
the rule made by the Bar Council, shall prevail and the rule made by
the Bar Council shall, to the extent of the repugnancy, be void.]
[(5) Every rule made under this section shall be laid, as soon as
155
may be after it is made, before each House of Parliament, while it is in

session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.]
50. Repeal of certain enactments.—(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 9, Section 15 and
Section 20 of the Indian Bar Councils 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
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shall stand repealed, namely:—

(a) Sections 6, 7, 18 and 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 the 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, 1926 (38
of 1926), as relates to the admission and enrolment of legal
practitioners;
(d) the provisions of the Letters Patent of any High Court and of
any other law in so far as they relate to the admission and
enrolment of legal practitioners.
(3) On the date on which Chapter IV comes into force, the following
(a) Sections 4, 5, 10 and 20 of the Legal Practitioners Act, 1879
(18 of 1879), and so much of Sections 8, 9, 19 and 41 of that
Act as confer on legal practitioners the right to practise in any
court or before any authority or person;
(b) Sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920
(Bombay Act, 17 of 1920);
(c) Section 14 of the Indian Bar Councils Act, 1926 (38 of 1926),
and so much of Sections 8 and 15 of that Act as confer on legal
practitioners the right to practise in any court or before any
authority or person;
(d) the Supreme Court Advocates (Practice in High Courts) Act,
1951 (18 of 1951);
(e) the provisions of the Letters Patent of any High Court and of
any other law conferring on legal practitioners the right to
practise in any court or before any authority or person.
(4) On the date on which Chapter V comes into force, the following
(a) Sections 12 to 15 (inclusive), Sections 21 to 24 (inclusive)
and Sections 39 and 40 of the Legal Practitioners Act, 1879 (18
of 1879), and so much of Sections 16, 17 and 41 of that Act as
relate to the suspension, removal or dismissal of legal
practitioners;
(b) Sections 24 to 27 (inclusive) of the Bombay Pleaders Act,
1920 (Bombay Act, 17 of 1920);
(c) Sections 10 to 13 (inclusive) of the Indian Bar Councils Act,
1926 (38 of 1926);
(d) the provisions of the Letters Patent of any High Court and of
any other law in so far as they relate to the suspension,
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removal or dismissal of legal practitioners.

(5) When the whole of this Act has come into force—
(a) the remaining provisions of the Acts referred to in this section
which do not stand repealed by virtue of any of the foregoing
provisions of this section [except Sections 1, 3 and 36 of the
Legal Practitioners Act, 1879 (18 of 1879)] shall stand
repealed;
(b) the enactments specified in the Schedule shall stand repealed
to the extent mentioned therein.
51. Rule of construction.—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.
52. Saving.—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 156
[act or
plead] in that Court.
► Right to practise.—Supreme Court's power to make rules regarding right
to practise, valid, Arun Kumar v. Supreme Court of India, (2015) 16 SCC 57 :
(2016) 2 SCC (L&S) 325 : (2015) 4 SCC (Cri) 733 : (2016) 3 SCC (Civ) 622.
Chapter VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.—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.
54. Term of office of members of first State Bar Councils.—
Notwithstanding anything contained in this Act, the term of office of the
157
[* * *] elected members of 158 [* * *] a State Bar Council constituted
for the first time, shall be two years from the date of the first meeting
of the Council:
159
[Provided that such members shall continue to hold office until the
State Bar Council is reconstituted in accordance with the provisions of
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this Act.]
55. Rights of certain existing legal practitioners not affected.—
Notwithstanding anything contained in this Act,—
(a) every pleader or vakil practising 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 (Bombay Act, 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) 160
[* * *]
161
[(c) every mukhtar practising as such immediately before the
said date by virtue of the provisions of the Legal Practitioners
Act, 1879 (18 of 1879), or any other law, who does not elect to
be, or is not qualified to be, enrolled as an advocate under this
Act;
(d) every revenue agent practising as such immediately before
the said date by virtue of the provisions of the Legal
Practitioners Act, 1879 (18 of 1879), or any other law;]
shall, notwithstanding the repeal by this Act of the relevant provisions
of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders
Act, 1920 (Bombay Act, 17 of 1920), or other law, continue to enjoy
the same rights as respects practice in any court or revenue office or
before any authority or person and be subject to the disciplinary
jurisdiction of the same authority which he enjoyed or, as the case may
be, to which he was subject immediately before the said date and
accordingly the relevant provisions of the Acts or law aforesaid shall
have effect in relation to such persons as if they had not been repealed.
56. Dissolution of existing Bar Councils.—(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 of 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 Council of Delhi, means the Bar Council
for the High Court in the territory for which the State Bar Council is
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constituted under this Act.

57. Power to make rules pending the constitution of a Bar Council.—
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.
[58. Special provisions during the transitional period.—(1) Where
162
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 that Bar
Council or of any committee thereof, in so far 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
conferred on an advocate under Section 14 of the Indian Bar Councils
Act, 1926 (38 of 1926).
(3) Notwithstanding anything contained in this Act, every person
who, immediately before the 1st day of December, 1961, was an
advocate on the roll of any High Court under the Indian Bar Councils
Act, 1926 (38 of 1926), or who has been enrolled as an advocate under
this Act shall, until Chapter IV comes into force, be entitled as of right
to practise in the Supreme Court, subject to the rules made by the
Supreme Court in this behalf.
(4) Notwithstanding the repeal by sub-section (2) of Section 50 of
the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or of
the Bombay Pleaders Act, 1920 (Bombay Act, 17 of 1920), 163 [or of any
other law relating to the admission and enrolment of legal practitioners,
the provisions of the Acts and law aforesaid] and any rules made
thereunder insofar as they relate to 164 [the renewal or the issue by way
of renewal] of a certificate to a legal practitioner authorising him to
practise shall have effect until Chapter IV comes into force and,
accordingly, every certificate issued or renewed to a legal practitioner
(who is not enrolled as an advocate under this Act) which is or purports
to be issued or renewed under the provisions of either of the aforesaid
Acts 165 [or of the other law] during the period beginning with the 1st
day of December, 1961, and ending with the date on which Chapter IV
comes into force, shall be deemed to have been validly issued or
renewed.]
-----------------------------------------------------------------------------------------------------------------------------------------------------------
► Right to practise.—The words ‘right to practise’ would in its normal

connotation take in, not merely right to plead but the right to act as well. Re Lily
Isabel Thomas, 1964 SCC OnLine SC 6 (1964) 6 SCR 229 : AIR 1964 SC 855 :
(1964) 1 Cri LJ 724.
[58-A. Special provisions with respect to certain advocates.—(1)
166
Notwithstanding anything contained in this Act, all advocates who,

immediately before the 26th day of July, 1948, were entitled to practise
in the High Court in Allahabad or the Chief Court in Oudh and who
under the provisions of the United Provinces High Courts
(Amalgamation) Order, 1948 were recognised as advocates entitled to
practise in the new High Court of Judicature at Allahabad but whose
names were not formally entered on the roll of advocates of that High
Court merely by reason of the non-payment of the fee payable to the
Bar Council of the said High Court, and all advocates who were enrolled
as such between the said date and the 26th day of May, 1952, shall, for
the purposes of clause (a) of sub-section (1) of Section 17 be deemed
to be persons who were entered as advocates on the roll of the said
High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and
every such person may, on an application being made in this behalf, be
admitted as an advocate on the State roll of Uttar Pradesh.
(2) Notwithstanding anything contained in this Act all advocates
who, immediately before the 10th day of October, 1952, were entitled
to practise in the High Court of Hyderabad but whose names were not
formally entered on the roll of advocates of the High Court merely by
reason of the non-payment of the fee payable to the Bar Council of the
said High Court shall, for the purposes of clause (a) of sub-section (1)
of Section 17, be deemed to be persons who were entered as advocates
on the roll of the said High Court under the Indian Bar Councils Act,
1926 (38 of 1926), and every such person may, on an application being
made in this behalf, be admitted as an advocate on the State roll of
Andhra Pradesh or Maharashtra.
(3) Notwithstanding anything contained in this Act, all advocates
who, immediately before the 1st day of May, 1960, were entitled to
practise in the High Court of Bombay and who applied to get their
names entered on the roll of advocates of the High Court of Gujarat
under the provisions of Section 8 of the Indian Bar Councils Act, 1926
(38 of 1926), but whose names were not so entered by reason of the
repeal of the said provisions shall, for the purposes of clause (a) of sub-
section (1) of Section 17, be deemed to be persons who were entered
as advocates on the roll of the High Court of Gujarat under the said Act
and every such person may, on an application being made in this
behalf, be admitted as an advocate on the State roll of Gujarat.
(4) Notwithstanding anything contained in this Act, all persons who,
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immediately before the 1st day of December, 1961, were advocates on

the roll of the Court of Judicial Commissioner in any Union territory
under any law in force in that territory shall, for the purposes of clause
(a) of sub-section (1) of Section 17, be deemed to be persons who
were entered as advocates on the roll of a High Court under the Indian
Bar Councils Act, 1926 (38 of 1926), and every such person may, on an
application made in this behalf, be admitted as an advocate on the
State roll maintained in respect of that Union Territory.]
[58-AA. Special provisions in relation to the Union Territory of
167
Pondicherry.—(1) Notwithstanding anything contained in this Act, all

persons who, immediately before the date on which the provisions of
Chapter III are brought into force in the Union territory of Pondicherry,
were entitled to practise the profession of law (whether by way of
pleading or acting or both) under any law in force in the said Union
territory or who would have been so entitled had they not been in
public service on the said date, shall for the purposes of clause (a) of
sub-section (1) of Section 17, be deemed to be persons who were
entered as advocates on the roll of a High Court under the Indian Bar
Councils Act, 1926 (38 of 1926), and every such person may, on an
application made in this behalf within such time as may be specified by
the Bar Council of Madras, be admitted as an advocate on the State roll
maintained in respect of the said Union territory.
who, immediately before the date on which the provisions of Chapter IV
are brought into force in the Union territory of Pondicherry, was
practising the profession of law (whether by way of pleading or acting
or both or in any other way) by virtue of the provisions of any law in
force in the said Union territory, who does not elect to be or is not
qualified to be, enrolled as an advocate under sub-section (1), shall,
notwithstanding the repeal of the relevant provisions of such law by the
Pondicherry (Extension of Laws) Act, 1968, continue to enjoy the same
rights, as respects practice in any court or revenue office or before any
authority or person and be subject to the disciplinary jurisdiction of the
same authority which he enjoyed, or, as the case may be, to which he
was subject, immediately before the said date and accordingly the
relevant provisions of the law aforesaid shall have effect in relation to
such persons as if they had not been repealed.]
[58-AB. Special provisions with respect to certain persons enrolled
168
by Mysore State Bar Council.—Notwithstanding anything contained in

this Act or any judgment, decree or order of any court or any resolution
passed or direction given by the Bar Council of India, every person who
was admitted as an advocate on the State roll by the State Bar Council
of Mysore during the period beginning with the 28th day of February,
1963, and ending on the 31st day of March, 1964, on the basis of his
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having obtained a certificate of pleadership from the High Court of

Mysore, shall, save as otherwise provided, be deemed to have been
validly admitted as an advocate on that State roll and accordingly
entitled to practise the profession of law (whether by way of pleading or
acting or both):
Provided that where any such person has elected to be enrolled as an
advocate on the roll of any other State Bar Council, his name shall be
deemed to have been struck off the roll of the State Bar Council of
Mysore from the date he was enrolled by the other State Bar Council:
Provided further that the seniority of such person, whether his name
is borne on the State roll of the State Bar Council of Mysore, or on the
State roll of any other Bar Council, shall, for the purposes of clause (d)
of sub-section (3) of Section 17, be determined by reckoning the 16th
day of May, 1964, as the date of admission.]
[58-AC. Special provisions with respect to certain persons enrolled
169
by Uttar Pradesh State Bar Council.—Notwithstanding anything

contained in this Act, or any judgment, decree or order of any court,
every person who was enrolled as an advocate by the High Court during
the period beginning with the 2nd day of January, 1962, and ending on
the 25th day of May, 1962, and was subsequently admitted as an
advocate on the State roll by the State Bar Council of Uttar Pradesh
shall be deemed to have been validly admitted as an advocate on that
State roll from the date of his enrolment by the High Court and
accordingly entitled to practise the profession of law (whether by way of
pleading or acting or both).]
58-AD. Special provisions with respect to certain persons migrating
to India.—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 fulfils other conditions, if any,
specified in this behalf by the appropriate authority aforesaid,
and notwithstanding the repeal by this Act of the relevant provisions
of such Act or law, every pleader, mukhtar or revenue agent so enrolled
shall have the same rights as respects practice in any court or revenue
-----------------------------------------------------------------------------------------------------------------------------------------------------------
office or before any other authority or person and be subject to the

disciplinary jurisdiction of the same authority to which he would be
subject under the relevant provisions of such Act or law as if they had
not been repealed and, accordingly, those provisions shall have effect in
relation to such persons.
58-AE. Special provisions in relation to the Union territory of Goa,
Daman and Diu.—(1) Notwithstanding anything contained in this Act,
all persons who, immediately before the date on which the provisions of
Chapter III are brought into force in the Union territory of Goa, Daman
and Diu, were entitled to practise the profession of law (whether by way
of pleading or acting or both) under any law in force in the said Union
territory or who would have been so entitled had they not been in
public service on the said date, shall, for the purpose of clause (a) of
sub-section (1) of Section 17, be deemed to be persons who were
entered as advocates on the roll of a High Court under the Indian Bar
Councils Act, 1926 (38 of 1926), and every such person may, on an
application made in this behalf within such time as may be specified by
the Bar Council of Maharashtra, be admitted as an advocate on the
State roll maintained in respect of the said Union territory:
Provided that the provisions of this sub-section shall not apply to any
person who, on the date of the application aforesaid, was not a citizen
of India.
are brought into force in the Union territory of Goa, Daman and Diu,
was practising the profession of law (whether by way of pleading or
acting or both or in any other way) by virtue of the provisions of any
law in force in the said Union territory, or who does not elect to be or is
not qualified to be enrolled as an advocate under sub-section (1), shall,
notwithstanding the repeal by this Act of the relevant provisions of such
law, continue to enjoy the same rights as respects practice in any court
or revenue office or before any other authority or person and be subject
to the disciplinary jurisdiction of the same authority which he enjoyed,
or, as the case may be, to which he was subject, immediately before
the said date and accordingly the relevant provisions of the law
aforesaid shall have effect in relation to such persons as if they had not
been repealed.
(3) On the date on which this Act or any part thereof comes into
force in the Union territory of Goa, Daman and Diu, the law in force in
that Union territory which corresponds to this Act or such part and
which does not stand repealed by virtue of the provisions of Section 50
of this Act, shall also stand repealed.
58-AF. Special provisions in relation to Jammu and Kashmir.—(1)
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Notwithstanding anything contained in this Act, all advocates who,

immediately before the date on which the provisions of Chapter III are
brought into force in the State of Jammu and Kashmir, were entitled to
practise in the High Court of that State, or who would have been so
entitled had they not been in public service on the said date, shall, for
the purpose of clause (a) of sub-section (1) of Section 17, be deemed
to be persons who were entered as advocates on the roll of a High Court
under the Indian Bar Councils Act, 1926 (38 of 1926) and every such
person may, on an application made in this behalf within such time as
may be specified by the Bar Council of India, be admitted as an
advocate on the State roll maintained in respect of the said State.
who, immediately before the date on which the provisions of Chapter
III are brought into force in the State of Jammu and Kashmir, was
entitled otherwise than as an advocate to practise the profession of law
(whether by way of pleading or acting or both) by virtue of the
provisions of any law in force in the said State, or who would have been
so entitled had he not been in public service on the said date, may be
admitted as an advocate on the State roll maintained in respect of the
said State, if he—
(i) makes an application for such enrolment in accordance with
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of
sub-section (1) of Section 24.
are brought into force in the State of Jammu and Kashmir, was
practising the profession of law (whether by way of pleading or acting
or both or in any other way) by virtue of the provisions of any law in
force therein, or who does not elect to be or is not qualified to be
enrolled as an advocate under sub-section (1) or sub-section (2), shall,
notwithstanding the repeal by this Act of the relevant provisions of such
law, continue to enjoy the same rights as respects practice in any court
or revenue office or before any other authority or person and be subject
to the disciplinary jurisdiction of the same authority which he enjoyed,
or, as the case may be, to which he was subject, immediately before
the said date and accordingly the relevant provisions of the law
aforesaid shall have effect in relation to such persons, as if they had not
been repealed.
(4) On the date on which this Act or any part thereof comes into
force in the State of Jammu and Kashmir, the law in force in that State
which corresponds to this Act or such part thereof which does not stand
repealed by virtue of the provisions of Section 50 of this Act, shall also
stand repealed.]
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STATE AMENDMENTS
Union Territory of Jammu and Kashmir.—In its application to the
Union Territory of Jammu and Kashmir, omit Section 58-AF. [Vide S.O.
1123(E), dated 18-3-2020 (w.e.f. 18-3-2020)].
Union Territory of Ladakh.—In its application to the Union
Territory of Ladakh — Same as that of UT of Jammu and Kashmir. [Vide
S.O. 3774(E), dated 23-10-2020].
[58-AG. Special provisions in relation to articled clerks.—
170
Notwithstanding anything contained in this Act, every person who,

immediately before the 31st day of December, 1976, has commenced
his articleship and passed the Preliminary examination, for the purpose
of enrolment as an attorney of the High Court at Calcutta in accordance
with the rules made under sub-section (2) of Section 34, before the
omission of that sub-section by the Advocates (Amendment) Act, 1976
(107 of 1976), may be admitted as an advocate on the State roll if he—
(i) passes, on or before the 31st day of December, 1980,—
(a) the Final examination in a case where such person has,
before the 31st day of December, 1976, passed the
Intermediate examination,
(b) the Intermediate and the Final examinations in any other
case.
Explanation—For the purpose of this clause, the High Court at
Calcutta may prescribe such rules as may be necessary under
sub-section (2) of Section 34, specifying the nature of the
examination and any other matter relating thereto;
(ii) makes an application for such enrolment in accordance with
(iii) fulfils the conditions specified in clauses (a), (b), (e) and (f)
of sub-section (1) of Section 24.]
[58-B.
171
Special provision relating to certain disciplinary
proceedings.—(1) As from the 1st 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:
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Provided that where in respect of any such proceeding the High

Court has received the finding of a Tribunal constituted under Section
11 of the Indian Bar Councils Act, 1926 (38 of 1926), the High Court
shall dispose of the case and it shall be lawful for the High Court to
exercise for the purpose all powers conferred on it under Section 12 of
the said Act as if that section has not been repealed:
Provided further that where the High Court has referred back any
case for further inquiry under sub-section (4) of Section 12 of the said
Act, the proceeding shall stand transferred to the State Bar Council in
relation to the High Court as if it were a proceeding pending before the
corresponding Bar Council under clause (c) of sub-section (1) of
Section 56.
(3) If immediately before the said date there is any proceeding in
respect of any disciplinary matter pending in relation to any pleader,
vakil, mukhtar or attorney, who has been enrolled as an advocate on
any State roll under the Act, such proceeding shall stand transferred to
the State Bar Council on the roll of which he has been enrolled and be
dealt with under this Act as if it were a proceeding arising against him
thereunder.
(4) In this section “existing advocate” means a person who was
enrolled as an advocate on the roll of any High Court under the Indian
Bar Councils Act, 1926 (38 of 1926) and who, at the time when any
proceeding in respect of any disciplinary matter is initiated against him,
is not enrolled as an advocate on a State roll under this Act.
(5) The provisions of this section shall have effect, notwithstanding
anything contained in this Act.]
[59. Removal of difficulties.—(1) If any difficulty arises in giving
172
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.]
[60. Power of Central Government to make rules.—(1) Until rules
173
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, make rules under
sub-section (1) either for any State Bar Council or generally for all
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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 are 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 Gazette, direct that the rules made by it in
respect of such matter shall cease to be in force in relation to that Bar
Council with effect from such date as may be specified in the
notification and on the issue of such notification, the rules made by the
Central Government shall, accordingly, cease to be in force except as
respects things done or omitted to be done before the said date.]
THE SCHEDULE
[See Section 50(5)]
REPEAL OF CERTAIN ENACTMENTS
Short title Extent of
repeal
1. The Legal Practitioners (Women) Act, 1923 (23 of The whole
1923)
2. The Legal Practitioners (Fees) Act, 1926 (21 of The whole
1926)
3. The States Reorganisation Act, 1956 (37 of 1956) Section 53
4. The Bombay Reorganisation Act, 1960 (11 of Section 31
1960)
———
NOTIFICATIONS
(1)
Bar Council of India, Extracts of the Minutes of the General Council
Meeting held on 9th August, 2015, Item No. 279/2015, Noti. No.
Resolution No. 190/2015, dated September 16, 2015 published in
Gazette of India, Extra., Part III, Section 4, dated 16th September,
2015, p. 1.
Hon'ble Members have realized the necessity of getting the details of
all the Advocates with regard to their matriculation/10th, graduation
and LL.B. degrees and therefore, the Council resolves that in Form A
and new Form E, the old Column 6 will be replaced by the following
column—
6. Name of Institution & University from where advocate has done
his
(i) Matriculation/10th ……….. Name of School/Board/Year of passing
(ii) Graduation……………… Name of College/University/Year of passing
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(iii) LL.B. ……………………..Name of College/University/Year of passing

(2)
HIGH COURT OF DELHI : NEW DELHI
No. 54/Rules/DHC
Dated : 1-11-
2018
PRACTICE DIRECTION
Hon'ble the Chief Justice, on the recommendations of the
“Information Technology Committee” of this Court has been pleased to
issue following practice direction—
It has come to the notice of this Court that parties file
intimate/sensitive photographs of victims of sexual offences with
their petitions including bail applications which along with the
petitions are digitized for e-courts. Counsel for the parties who file
such intimate/sensitive photographs are advised to bring the same
to the notice of the Hon'ble Judge hearing such cases to obviate such
photographs from being shown on the monitors provided for
Advocates in the e-courts.
These directions shall come into force with immediate effect.
(3)
HIGH COURT OF DELHI AT NEW DELHI
No. 61/Rules/DHC
Dated : 13-8-
2019
PRACTICE DIRECTIONS
In exercise of powers under Section 18 of the Commercial Courts
Act, 2015 read with Rule 14 Chapter I of Delhi High Court (Original
Side) Rules, 2018, Hon'ble the Chief Justice, on the recommendations
of the Hon'ble Judges of the Original Side has been pleased to issue the
following Practice Direction for information and compliance by all
concerned—
“It is directed that the Joint Registrars and Courts, on completion
of pleadings in the suit or otherwise when the suit is ripe for framing
of issues or additional issues, post the suit expressly for framing of
issues and for “Case Management Hearings/Pre-Trial Conference”
and the Cause List of this Court shall include the category of “Short
Matters/Case Management Hearing/Pre-Trial Conferences/Framing of
Issues”, in place of “Short Matter including Case Management
Hearings.”
This Practice Direction shall come into force with immediate effect.
(4)
Bar Council of India, Noti. No. BCI : D 1898/2020, dated August 14,
2020 and published in the Gazette of India, Extra., Part III, Section 4,
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dated 21st August, 2020, pp. 3-4, No. 335

BACKGROUND—Due to increased groupism in the Bar Councils, on
many occasions this Council has been receiving complaints and a very
anomalous situation arises some times. Because of some impractical
rule of some states, the situation in some of the State Bar Council leads
to unwanted groupism, resulting in unhealthy atmosphere and
inefficient functioning of the State Bar Councils. Only in the recent past,
Bar Council of India has found that in Odisha, there was abstention
from Court work by Advocates for about 2 months due to some petty
issue. This was the result of group politics in State Bar Council. We
have received the complaints of manhandling of Chairman of one State
Bar Council and he was compelled to resign. During last elections of
State Bar Councils and Bar Council of India, the reports of corrupt
practices for removal of some honest members and office-bearers (who
did not succumb to undue pressure of members of State Bar Councils
or member of Bar Council of India), has also been noticed. There are
reports of attempt to resort to blackmailing also by some Members if
the Office-Bearers or Members of Bar Council of India do not succumb
to some selfish/greedy illegal demands of Members of State Bar
Councils. Due to these reasons, in some of the State Bar Councils, the
Office-Bearers were changed frequently and they were compelled to
resign without completing their tenure (as per the Rules of Bar
Councils) only on account of unwarranted and malicious fear of “No-
Confidence Motions”. The Advocates of Tamil Nadu have even reported
a tradition of large scale horse-trading in the elections and removal of
the office-bearers/members.
This Council, therefore, deemed it proper to frame uniform
mandatory Rules in this regard for the fair, smooth and fearless
functioning of Bar Councils and Bar Council of India. These Rules are
mandatory for Bar Council of India and all the State Bar Councils.
Bar Council of India is to provide for the elections of its members, as
contained in Section 7 of the Advocates' Act, 1961. Therefore, it has the
sole authority to frame rules for removal of its members by bringing
“No Confidence Motion” against its Members, if required under these
rules.
The Hon'ble Members have felt the need to frame a rule providing for
uniformity in all the State Bar Councils as regards passing of No
Confidence Motion against their office bearers. After thorough
consideration, the Council is passing the following resolution for all the
State Bar Councils with respect to passing of a No-Confidence Motion
against their office bearers. These guidelines are mandatory in nature
and the State Bar Councils are directed to follow and if required, amend
their Rules in compliance of these Rules/Resolution.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
CHAPTER I-A (PART II)

RESOLUTION—
Rules for “No Confidence” against the Office Bearers of the Bar
Council of India, the Members of the Bar Council of India and the
Officer Bearers of the State Bar Councils.
The Motion of No Confidence against any office-bearer or member of
Bar Council of India can be brought by a requisition submitted by 2/3rd
Members of the Bar Council of India. If the proposed motion is to be
brought against the Chairman, the same will be addressed to the Vice-
Chairman of the Council and in all other cases, it will be addressed to
the Chairman. The Chairman or Vice-Chairman (as the case may be)
shall notify the meeting of the General Council within a period of 30
days from the date of receipt of the application. The Secretary shall
place the notice before the Chairman or the Vice-Chairman, as the case
may be, within a period of two days from the date of receipt of this in
the office.
The motion of no confidence can be brought only on the ground of
some proved misconduct of the office bearers or the Member of the Bar
Council of India.
The No Confidence Motion can also be brought against any Office
Bearer or the Member, if he is found guilty of an offence concerning
Moral turpitude and is convicted and/or sentenced to undergo
imprisonment for any period. Or if any member has been found to be
guilty of any Disciplinary Proceeding by Bar Council.
In case of any conviction or sentence, 3/4 of the Members of the
State Bar council can also recommend to Bar Council of India a
proceeding for “No-Confidence Motion” against their Member-
Representative in Bar Council of India. The Bar Council of India shall
consider such recommendation of State Bar Council, and after giving
the concerned Member, Bar Council of India, an opportunity of hearing,
will pass necessary resolution. However, No Confidence Motion cannot
be brought or passed by the State Bar Council against its Member-
Representative in Bar Council of India in any event.
The requisition for No Confidence Motion against a Member, Bar
Council of India or an Office Bearer of the Bar Council of India if
required to be brought by Members of Bar Council of India, then it shall
be required to be signed by at least 2/3rd Members of the Council and
it must include at least one Ex-Office Member of the Bar Council of
India. The “No Confidence Motion” can be passed (in a meeting
convened for this) by a minimum of 3/4th Members of the Council
present and voting in favour of the motion.
A prior Notice of at least 30 days shall be required to be given to the
concerned office bearers or the Member, Bar Council of India against
-----------------------------------------------------------------------------------------------------------------------------------------------------------
whom such No Confidence Motion is proposed to be moved.

For bringing of requisition for passing a “No Confidence Motion”
against any Office-Bearers of any State Bar council (where there is no
Rule for No Confidence Motion), the requisition shall be required to be
signed by at least 2/3rd Members of the State Bar Council and it could
be passed only by at least 3/4th Members of the Council present and
voting in favour of the No Confidence Motion. Office-bearers means
Chairman and Vice-Chairman only.
In all the cases requisition for passing of No Confidence Motion shall
be required to contain and specify the reasons and ground on the basis
of which the motion is proposed to be moved. The reasons and grounds
should not be vague, non-specific and it should not be based on the
personal vendetta. The requisition shall be required to be supported by
the materials supporting the grounds for the motion. The Council,
before passing any final resolution and/or taking final decision, shall be
required to assign reasons for its decision.
If in the first meeting, the Bar Council of India finds a prima-facie
case in favour of the motion, it shall hold an enquiry into the
genuineness and bonifides of the; The enquiry will be conducted by a
former Hon'ble Judge either of Supreme Court of India or of High Court.
An opportunity of hearing shall be given by the Hon'ble Inquiring Judge
to the Office Bearer or Member against whom the No Confidence Motion
is proposed.
The Report of the one man Enquiry Committee shall be placed before
the General House of the Council and the Council will take the
necessary resolutions after considering the report.
The No Confidence Motion, once failed, cannot be brought against
the same Office Bearer/the Member, Bar Council of India for next 12
months.
This Rule shall apply to the Bar Council of India and to all the State
Bar Councils. However, for bringing No-Confidence Motion against its
Chairman or Vice-Chairman, any State Bar Council can frame its own
Rule with the prior approval of Bar Council of India. However, all the
State Bar Councils would be required to follow the main principle laid
down in these Rules.
All the previous Resolutions of the Bar Council of India with regard to
the “No Confidence Motion” against its Office Bearers or of any State
Bar Council against the Member, Bar Council of India stand repealed
and/or modified accordingly.
———
1. Received the assent of the President on 19th May, 1961, and published in the Gazette of
India, Extra., Part II, Section 1, dated 19th May, 1961.
2.
Subs. by Act, 60 of 1973, S. 2, for sub-section (2) (w.e.f. 31-1-1974).
-----------------------------------------------------------------------------------------------------------------------------------------------------------
3. Subs. by S. 2 of Act, 60 of 1973, for “shall come into force” w.e.f. 31-1-1974.
4. The provisions of the Act have been brought into force as under:—
Date Provisions Notification
1 2 3
16-8-1961 Chaps. I, II and VII S.O. 1870, dated 7-8-1961, Gazette of

India, Extraordinary, Pt. II. S. 3(ii), p.
1237.
1-12-1961 Chap. III and S. 50(2) S.O. 2790, dated 24-11-1961, ibid., p.
1723.
15-12-1961 S. 50(1) S.O. 2919, dated 13-12-1961, ibid., p.

1745
24-1-1962 Ss. 51 and 52 S.O. 297, dated 24-1-1962, ibid., p. 169.
29-3-1962 S. 46 S.O. 958, dated 29-3-1962, ibid., p. 589.
4-1-1963 S. 32 and Chap. VI [except S. S.O. 50, dated 4-1-1963, ibid., p. 1.

46, sub-sections (1) and (2) of
S. 50, Ss. 51 and 52]
1-9-1963 Chap. V S.O. 2509, dated 31-8-1963, ibid., p. 513.
10-6-1968 Chapters I, II and III, S. 32, Union territory of Pondicherry

Chapters IV, V, VI, VII and VIII.
1-6-1969 Ss. 29, 31, 33 and 34 of Chap. S.O. 1500, dated 5-4-1969, ibid., p. 569
IV
15-6-2011 S. 30 S.O. 1349(E), dt. 9-6-2011.
5. Ins. by Act, 60 of 1973, S. 2 (w.e.f. 31-1-1974).
6. Vide Noti. No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the
Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.
7. 1-6-1979 (except Section 30) [Vide GSR 84(E), dated 21-2-1979].
8. S. 2 renumbered as sub-section (1) of that section by Act, 60 of 1973, S. 3 (w.e.f. 31-1-

1974).
9. Omitted by Act, 107 of 1976, S. 2 (w.e.f. 15-10-1976).
10.
Omitted by Act, 107 of 1976, S. 3 (w.e.f. 31-1-1974).
-----------------------------------------------------------------------------------------------------------------------------------------------------------
11.
Ins. by Act, 60 of 1973, S. 3 (w.e.f. 31-1-1974).
12. Subs. by Act, 60 of 1973, S. 3, for “the High Court of Punjab” (w.e.f. 31-1-1974).
13. Subs. by Act, 107 of 1976, S. 2 (w.e.f. 15-10-1976).
14. Ins. by Act, 60 of 1973, S. 3 (w.e.f. 31-1-1974).
15. The words “Jammu and Kashmir” deleted by Act 34 of 2019, S. 76(a) (w.e.f. 31-10-2019).
Prior these words were inserted by Act 60 of 1973, S. 4 (w.e.f. 31-1-1974).
16. Ins. by Act, 30 of 2000, S. 28 (w.e.f. 15-11-2000).
17. Ins. by Act, 28 of 2000, S. 24 (w.e.f. 1-11-2000).
18.
The word “Madras” omitted by Act, 26 of 1968, S. 3 and Sch. (w.e.f. 24-5-1968).
19. The word “Maharashtra” omitted by Reg. 8 of 1963, S. 12 (w.e.f. 1-7-1965).
20.
Ins. by Act, 6 of 2014, S. 34(1) (w.e.f. 2-6-2014).
22. Subs. for “and Uttaranchal” by Act, 26 of 2012, S. 9(A)(i) (w.e.f. 23-3-2013).
23. Subs. by Act, 26 of 2012, S. 9(A)(ii) (w.e.f. 23-3-2013). Prior to substitution it read as:
“(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;”
24. Ins. by Act, 26 of 1968, S. 3 and Sch. (w.e.f. 24-5-1968).
25. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects)
Order, 1970, for “State of Madras” (w.e.f. 14-1-1969).
26. Ins. by Reg. 8 of 1963, S. 12 (w.e.f. 1-7-1965).
29. Subs. by Act, 81 of 1971, S. 34, for “Union territories of Tripura and the Andaman and
Nicobar Islands” (w.e.f. 21-1-1972).
30. Ins. by Act 34 of 2019, S. 76(b) (w.e.f. 31-10-2019).
31. Ins. by Act, 60 of 1973, S. 4 (w.e.f. 31-1-1974).
32. Subs. for “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” by Act, 26 of 2012, S. 9(B) (w.e.f. 23-3-2013).
33. Subs. by Act, 60 of 1973, S. 4, for cl. (b) (w.e.f. 31-1-1974).
34. Ins. by Act, 21 of 1964, S. 2. (w.e.f. 16-5-1964).

-----------------------------------------------------------------------------------------------------------------------------------------------------------
36.
Ins. by Act, 21 of 1964, S. 2. (w.e.f. 16-5-1964).
37. Ins. by Act, 60 of 1973, S. 4 (w.e.f. 31-1-1974).
38. Ins. by Act, 107 of 1976, S. 4 (w.e.f. 15-10-1976).
40. Ins. by S. 5, Act 60 of 1973 (w.e.f. 31-1-1974).
41.
Subs. by Act, 38 of 1977, S. 3 (w.e.f. 31-10-1977).
42. Ins. by Act, 21 of 1964, S. 3. (w.e.f. 16-5-1964).
43. Ins. by S. 5, Act 60 of 1973 (w.e.f. 31-1-1974).
44.
Ins. by Act, 70 of 1993, S. 2(i)(a) (w.e.f. 26-12-1993).
45.
Ins. by Act, 60 of 1973, S. 6 (w.e.f. 31-1-1974).
46. Ins. by Act, 70 of 1993, S. 2(i)(b) (w.e.f. 26-12-1993).
47.
Subs. by S. 6, of Act, 60 of 1973 for sub-section (2) (w.e.f. 31-1-1974).
48. Ins. by Act, 70 of 1993, S. 2.(ii) (w.e.f. 26-12-1993)
49. S. 7 renumbered as sub-section (1) of that section by Act, 60 of 1973, S. 7 (w.e.f. 31-1-
1974).
50.
Cl. (a) omitted by Act, 60 of 1973, S. 7 (w.e.f. 31-1-1974).
51. Added by Act, 70 of 1993, S. 3(i) (w.e.f. 26-12-1993).
52. Ins. by Act, 60 of 1973, S. 7 (w.e.f. 31-1-1974).
53.
Ins. by Act, 60 of 1973, S. 7 (w.e.f. 31-1-1974).
54. Ins. by Act, 70 of 1993, S. 3(ii) (w.e.f. 26-12-1993).
55.
Ins. by S. 8, Act 60 of 1973 (w.e.f. 31-1-1974).
56.
Ss. 8 and 8-A Subs. for S. 8 by Act, 70 of 1993, S. 4 (w.e.f. 26-12-1993).
57.
58. Ins. by Act, 60 of 1973, S. 9 (w.e.f. 31-1-1974).
59.
Ins. by Act 60 of 1973, S. 10 (w.e.f. 31-1-1974).
61. Ins. by Act, 21 of 1964, S. 6 (w.e.f. 16-5-1964).

-----------------------------------------------------------------------------------------------------------------------------------------------------------
62.
Renumbered by Act, 60 of 1973, S. 10 (w.e.f. 31-1-1974).
63. Subs. by Act, 60 of 1973, S. 11 for sub-section (3) (w.e.f. 31-1-1974).
64. Subs. by Act, 60 of 1973, S. 12, for cl. (a) (w.e.f. 31-1-1974).
65.
Cl. (b) omitted by Act, 60 of 1973, S. 12 (w.e.f. 31-1-1974).
66. Restored by Act, 38 of 1977, S. 5 (w.e.f. 31-10-1977).
67. Restored by Act, 38 of 1977, S. 5 (w.e.f. 31-10-1977).
68.
Cl. (e) omitted by Act, 23 of 1966, S. 3 (w.r.e.f. 16-8-1961).
69.
Ins. by Act, 60 of 1973, S. 12 (w.e.f. 31-1-1974).
70. Certain words omitted by Act, 60 of 1973, S. 12 (w.e.f. 31-1-1974).
71.
Subs. by Act, 60 of 1973, S. 13, for “experience and standing at the Bar” (w.e.f. 31-1-
1974).
72. Ins. by Act, 21 of 1964, S. 8 (w.e.f. 16-5-1964).
73. Subs. by Act, 60 of 1973, S. 14, for “and who, within the prescribed time” (w.e.f. 31-1-
1974).
74.
Subs. by Act, 21 of 1964, S. 9, for “and such seniority shall be determined” (w.e.f. 16-5-
1964).
75. Cl. (c ) omitted by Act, 60 of 1973, S. 14 (w.e.f. 31-1-1974).
76.
Ins. by Act, 47 of 1980, S. 2 (w.e.f. 29-11-1980).
77.
Nov. 29, 1980.
78. Ins. by Act, 21 of 1964, S. 10 (w.e.f. 16-5-1964).
79.
Subs. by Act, 60 of 1973, S. 15 for S. 20 (w.e.f. 31-1-1974).
80.
Subs. by S. 16, Act 60 of 1973 for sub-section (2) (w.e.f. 31-1-1974).
81. Subs. by Act, 60 of 1973, S. 17, for S. 22 (w.e.f. 31-1-1974).
82.
Ins. by Act, 47 of 1980, S. 3 (w.e.f. 29-11-1980).
83.
84.
Subs. by Act, 60 of 1973, S. 18, for “28th day of February, 1963” (w.e.f. 31-1-1974).
85. Subs. by Act, 60 of 1973, S. 18, for sub-clause (iii) (w.e.f. 31-1-1974).
86.
Ins. by Act, 21 of 1964, S. 13 (w.e.f. 16-5-1964).
87. Subs. by Act, 60 of 1973, S. 18, for “he is a barrister” (w.e.f. 31-1-1974).
88. Ins. by Act, 107 of 1976, S. 6 (w.e.f. 15-10-1976).

-----------------------------------------------------------------------------------------------------------------------------------------------------------
89. Cl. (d) omitted by Act, 60 of 1973, S. 18 (w.e.f. 31-1-1974).
90.
Subs. by S. 18, Act 60 of 1973, for cl. (f) (w.e.f. 31-1-1974).
91. Subs. for “two hundred and fifty rupees” by Act, 70 of 1993, S. 6(i) (w.e.f. 26-12-1993).
92. Subs. for “one hundred and twenty-five rupees” by Act, 70 of 1993, S. 6(ii) (w.e.f. 26-12-
1993).
93. Ins. by Act, 14 of 1962, S. 2(ii) (w.e.f. 30-3-1962).
94.
Subs. by Act, 21 of 1964, S. 13(B) (w.e.f. 16-5-1964).
95. Ins. by Act, 21 of 1964, S. 13(C) (w.e.f. 16-5-1964).
96. The words and figures “before the 31st day of March, 1964”, omitted by Act, 33 of 1968,
S. 2 (w.e.f. 5-6-1968).
97. The words “then in force” omitted by Act, 33 of 1968, S. 2 (w.e.f. 5-6-1968).
98. Ins. by Act, 60 of 1973, S. 18 (w.e.f. 31-1-1974).
99. Cl. (b) omitted by Act, 60 of 1973, S. 18 (w.e.f. 31-1-1974).
100.
101. Ins. by S. 19, Act 60 of 1973 (w.e.f. 31-1-1974).
102. Ins. by Act, 70 of 1993, S. 7(i) (w.e.f. 26-12-1993).
103. Subs. for “release” by Act, 70 of 1993, S. 7(ii) (w.e.f. 26-12-1993).
104. Ins. by Act, 21 of 1964, S. 14(a) (w.e.f. 16-5-1964).
105. Ins. by Act, 21 of 1964, S. 14(b) (w.e.f. 16-5-1964).
106. Ins. by Act, 21 of 1964, S. 14(c ) (w.e.f. 16-5-1964).
107.
Subs. by Act, 60 of 1973, S. 20, for S. 26-A (w.e.f. 31-1-1974).
108. Subs. by Act, 60 of 1973, S. 21 for cl. (a) (w.e.f. 31-1-1974).
109.
Cl. (b) omitted by Act, 60 of 1973, S. 21(b) (w.e.f. 31-1-1964).
110. Subs. by S. 22, Act 60 of 1973 for “common roll” (w.e.f. 31-1-1974).
111.
Omitted by Act, 107 of 1976, S. 7 (w.e.f. 31-1-1977). Prior to omission it read as:
“31. Special provision for attorneys.—Notwithstanding anything contained in Sections
29 and 30, the High Court at Calcutta or the High Court at Bombay may provide for the
admission of persons to be attorneys and shall have power to remove or to suspend from
practice on reasonable cause, any such attorney.”
112. Ins. by Act, 60 of 1973, S. 23 (w.e.f. 31-1-1974).
113. Ins. by Act, 38 of 1977, S. 6 (w.e.f. 31-10-1977).

-----------------------------------------------------------------------------------------------------------------------------------------------------------
115.
Ins. by Act, 60 of 1973, S. 24 (w.e.f. 31-1-1974).
116. The words “if it does not summarily reject the complaint” omitted by Act, 60 of 1973, S.
24 (w.e.f. 31-1-1974).
117. Ins. by Act, 21 of 1964, S. 17 (w.e.f. 16-5-1964).
118. Ins. by Act, 60 of 1973, S. 24 (w.e.f. 31-1-1974).
119. The words “on the common roll” omitted by Act, 60 of 1973, S. 25 (w.e.f. 31-1-1974).
120.
Subs. by Act, 60 of 1973, S. 25, for “of its own motion” (w.e.f. 31-1-1974).
121. Subs. by Act, 60 of 1973 S. 25, for “before the Bar Council of India” (w.e.f. 31-1-1974).
122. Ins. by Act, 60 of 1973, S. 26 (w.e.f. 31-1-1974).
123. Subs. for “under sub-section (3) of S. 35” by Act 21 of 1964, S. 18 (w.e.f. 16-5-1964).
124.
Ins. by Act, 60 of 1973, S. 27 (w.e.f. 31-1-1974).
125.
Ins. by Act, 60 of 1973, S. 27 (w.e.f. 31-1-1974).
126. Ins. by Act, 60 of 1973, S. 27 (w.e.f. 31-1-1974).
127. Ins. by Act, 60 of 1973, S. 28 (w.e.f. 31-1-1974).
128. Ins. by Act, 60 of 1973, S. 28 (w.e.f. 31-1-1974).
129. Ins. by Act, 60 of 1973, S. 28 (w.e.f. 31-1-1974).
131. S. 40 was renumbered as sub-section (1) of that section by Act, 60 of 1973, S. 30

(w.e.f. 31-1-1974).
132. Ins. by Act, 60 of 1973, S. 30 (w.e.f. 31-1-1974).
133. Cl. (b) omitted by Act, 60 of 1973, S. 31 (w.e.f. 31-1-1974).
134. Certain words omitted by Act, 60 of 1973, S. 31 (w.e.f. 31-1-1974).
136. Corresponding sections of the new Code of 1973 are Ss. 345(1), 346 and 349.
137. Ins. by Act, 60 of 1973, S. 32 (w.e.f. 31-1-1974).
138. Ins. by Act, 60 of 1973, S. 33 (w.e.f. 31-1-1974).
139.
Ins. by Act, 60 of 1973, S. 34 (w.e.f. 31-1-1974).
140.
Omitted by Act, 70 of 1993, S. 8 (w.e.f. 26-12-1993). Prior to omission it read as:
-----------------------------------------------------------------------------------------------------------------------------------------------------------
“46. Payment of part of enrolment fees to the Bar Council of India.—Every State Bar
Council shall, before the thirtieth day of April in case financial year, pay to the Bar Council
of India a sum equivalent to forty per cent of the total of the enrolment fees realised by
it under this Act during the financial year immediately preceding that year.”
141.
Ins. by Act, 60 of 1973, S. 35 (w.e.f. 31-1-1974).
142.
Ins. by Act, 60 of 1973, S. 36 (w.e.f. 31-1-1974).
143. Ins. by Act, 21 of 1964, S. 19 (w.e.f. 16-5-1964).
144. Ins. by Act, 60 of 1973, S. 37 (w.e.f. 31-1-1974).
145.
Ins. by Act, 21 of 1964, S. 19 (w.e.f. 16-5-1964).
146. S. 49 renumbered as sub-section (1) of that section by Act, 60 of 1973, S. 38 (w.e.f. 31

-1-1974).
147. Clauses (a) to (ah) Subs. by Act, 21 of 1964, S. 20(a), for cl. (a) (w.e.f. 16-5-1964).
148.
Subs. by Act, 60 of 1973, S. 38, for cl. (af) (w.e.f. 31-1-1974).
149. Ins. by Act, 60 of 1973, S. 38 (w.e.f. 31-1-1974).
150. Subs. by Act, 21 of 1964, S. 20(b), for cl. (i) (w.e.f. 16-5-1964).
151.
Ins. by Act, 60 of 1973, S. 38 (w.e.f. 31-1-1974).
152. Subs. by Act, 60 of 1973, S. 38, for “Provided that” (w.e.f. 31-1-1974).
153. Ins. by Act, 60 of 1973, S. 38 (w.e.f. 31-1-1974).
154.
Ins. by Act, 21 of 1964, S. 21 (w.e.f. 16-5-1964).
155. Subs. by Act, 60 of 1973, S. 39, for sub-section (5) (w.e.f. 31-1-1974).
156. Subs. for “act” by Act, 70 of 1993, S. 9 (w.e.f. 26-12-1993).
157.
The words “nominated and” omitted by Act, 14 of 1962, S. 3 (w.e.f. 30-3-1962).
158.
The words “the Bar Council of India and” omitted by Act, 21 of 1964, S. 22(i) (w.r.e.f. 16
-8-1961).
159.
Ins. by Act, 21 of 1964, S. 22(ii) (w.r.e.f. 16-8-1961).
160.
161.
Subs. by Act, 21 of 1964, S. 23, for cl. (c ) (w.e.f. 16-5-1964).
162. Ss. 58 and 59 inserted by Act, 14 of 1962, S. 4 (w.r.e.f. 16-8-1961).
163.
Subs. by Act, 32 of 1962, S. 3(i) (w.r.e.f. 16-8-1961). Prior to substitution it read
as:“relating to the admission and enrolment of legal practitioners, the provisions of those
Acts”
-----------------------------------------------------------------------------------------------------------------------------------------------------------
164. Subs. by Act, 21 of 1964, S. 24, for “the issue and renewal”.
165. Ins. by Act, 32 of 1962, S. 3(ii) (w.r.e.f. 16-8-1961).
166.
Ss. 58-A and 58-B inserted by Act, 21 of 1964, S. 25 (w.e.f. 16-5-1964).
167. Ins. by Act, 26 of 1968, S. 3 and Sch. (w.e.f. 24-5-1968).
168. Ins. by Act, 33 of 1968, S. 3 (w.e.f. 5-6-1968).
169.
Ins. by Act, 60 of 1973, S. 40 (w.e.f. 31-1-1974).
170. Ins. by Act, 38 of 1977, S. 7 (w.e.f. 31-10-1977).
171.
Ins. by Act 21 of 1964, S. 25 (w.e.f. 16-5-1964).
172.
Ins. by Act 14 of 1962, S. 4 (w.r.e.f. 16-8-1961).
173. Ins. by Act, 32 of 1962, S. 4 (w.e.f. 14-9-1962).
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/
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SCC Online Web Edition, © 2023 EBC Publishing Pvt. Ltd.

Page 1 Wednesday, August 23, 2023

[Act 25 of 1961 as amended up to Act 6 of 2014 and updated as of 31st

1. Short title, extent and commencement

3. State Bar Councils

4. Bar Council of India

5. Bar Council to be body corporate

6. Functions of State Bar Councils

7. Functions of Bar Council of India

7-A. Membership in international bodies

8. Term of office of members of State Bar Council

8-A. Constitution of Special Committee in the absence of election

9-A. Constitution of legal aid committees

10. Constitution of committees other than disciplinary committees

11. Staff of Bar Council

12. Accounts and audit

13. Vacancies in Bar Councils and committees thereof not to

14. Election to Bar Councils not to be questioned on certain

15. Power to make rules

ADMISSION AND ENROLMENT OF ADVOCATES

16. Senior and other advocates

17. State Bar Councils to maintain roll of advocates

18. Transfer of name from one State roll to another

19. State Bar Councils to send copies of rolls of advocates to the

20. Special provision for enrolment of certain Supreme Court

21. Disputes regarding seniority

22. Certificate of enrolment

23. Right of pre-audience

24. Persons who may be admitted as advocates on a State roll

24-A. Disqualification for enrolment

25. Authority to whom applications for enrolment may be made

26. Disposal of applications for admission as an advocate

26-A. Power to remove names from roll

27. Application once refused not to be entertained by another Bar

28. Power to make rules

29. Advocates to be the only recognised class of persons entitled

30. Right of advocates to practise

31. Special provision for attorneys

32. Power of court to permit appearances in particular cases

33. Advocates alone entitled to practise

34. Power of High Courts to make rules

35. Punishment of advocates for misconduct

36. Disciplinary powers of Bar Council of India

36-A. Changes in constitution of disciplinary committees

36-B. Disposal of disciplinary proceedings

37. Appeal to the Bar Council of India

38. Appeal to the Supreme Court

39. Application of Sections 5 and 12 of Limitation Act, 1963

40. Stay of order

41. Alteration in roll of advocates

42. Powers of disciplinary committee

42-A. Powers of Bar Council of India and other committees

43. Cost of proceedings before a disciplinary committee

44. Review of orders by disciplinary committee

45. Penalty for persons illegally practising in courts and before

46. Payment of part of enrolment fees to the Bar Council of India

46-A. Financial assistance to State Bar Council

48. Indemnity against legal proceedings