Advocate Act1961

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The
Advocates Act, 19611
(Advocates Act, 1961)
[Act 25 of 1961 as amended up to Act 6 of 2014] [Updated as on 17-11-2022]
[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
10-A. Transaction of business by Bar Councils and committees thereof
11. Staff of Bar Council
12. Accounts and audit
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

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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
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

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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
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

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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, 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] [Updated as [19th May, 1961]
on 17-11-2022]
———
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.
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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 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
articled clerks who have entered into agreement of articleship before the 31st
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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 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
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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 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.
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State of M.P., 1976 SCC (L&S) 561 : (1976) 4 SCC 96.

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.
► Government pleader.—Even a pleader who is acting along with the Government pleader
would be deemed to be a Government pleader for the purpose of Order XXVII C.P.C., Kanta
Kethuria v. Manak Chand, (1969) 3 SCC 268.
► 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.
5
[(4) This Act shall, in relation to the State of Jammu and Kashmir6 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];
(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.
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14 [(2) Any reference in this Act to a law which is not in force in the 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;]

[ [(ccc) for the States of Maharashtra and Goa and the Union Territories of
26 27
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
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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:]
34
[Provided that as nearly as possible one-half of such elected members shall,
subject to any rules that may be made in this behalf by the Bar Council of India, be
persons who have for at least ten years been advocates on a State roll, and in
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 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.]
36 [(4) An Advocate shall be disqualified from voting at an election under sub-
section (2) or for being chosen as, and for being, a member of a State Bar Council,
unless he possesses such qualifications or satisfies such conditions as may be
prescribed in this behalf by the Bar Council of India, and subject to any such rules that
may be made, an electoral roll shall be prepared and revised from time to time by
each State Bar Council.
(5) Nothing in the proviso to sub-section (2) shall affect the term of office of any
member elected before the commencement of the Advocates (Amendment) Act, 1964
(21 of 1964), but every election after such commencement shall be held in accordance
with the provisions of the rules made by the Bar Council of India to give effect to the
said proviso.]
37
[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of
elected members in any State Bar Council as constituted immediately before the
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that
State Bar Council is reconstituted in accordance with the provisions of this Act.]
► Legal practitioners.—Legal practitioners are officers of court assisting in administration of
justice, Advocate-General v. Amanullah, 1967 Cri LJ 551 : AIR 1967 Mad 162.
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.
40 [(1-A) No person shall be eligible for being elected as a member of the Bar
Council of India unless he possesses the qualifications specified in the proviso to sub-
section (2) of Section 3.]
41
[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India
elected by the Council in such manner as may be prescribed.
(2-A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of
India immediately before the commencement of the Advocates (Amendment) Act,
1977, shall, on such commencement, cease to hold office as Chairman or Vice-
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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.]
42
[(3) The term of office of a member of the Bar Council of India elected by the
State Bar Council shall—
(i) in the case of a member of a State Bar Council who holds office ex officio, be
two years from the date of his election 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 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. This being their duty no Bar Council can even consider giving a call
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for strike or a call for boycott. It follows that the Bar Councils and even Bar Associations can never
consider or take seriously any requisition calling for a meeting to consider a call for a strike or a call
for boycott. Such requisitions should be consigned to the place where they belong viz. the waste-
paper basket. In case any Association calls for a strike or a call for boycott, the State Bar Council
concerned, and on its failure the Bar Council of India, must immediately take disciplinary action
against advocates who give a call for strike and if the committee members permit calling of a
meeting for such purpose, against the committee members. 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 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.
53
[(2) The Bar Council of India may constitute one or more funds in the prescribed
manner for the purpose of—
(a) giving financial assistance to organise welfare schemes for indigent, disabled
or other advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
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, 13.
► Pre-enrolment training.—Universities in India are concerned with the question of imparting
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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 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.
55 [7-A. Membership in international bodies.—The Bar Council of India may become
a member of international legal bodies such as the International Bar Association or the
International Legal Aid Association, contribute such sums as it thinks fit to such bodies
by way of subscription or otherwise and authorise expenditure on the participation of
its representatives in any international legal conference or seminar.]
56
[8. Term of office of members of State Bar Council.—The term of office of an
elected member of a State Bar Council (other than an elected member thereof referred
to in Section 54) shall be five years from the date of publication of the result of his
election:
Provided that where a State Bar Council fails to provide for the election of its
members before the expiry of the said term, the Bar Council of India may, by order,
for reasons to be recorded in writing, extend the said term for a period not exceeding
six months.
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
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Council of India may, for reasons to be recorded by it in writing, extend the said
period.]
► Nature and scope.—A reading of Sections 8 and 8-A of the Advocates Act, 1961 clearly
indicates that 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.
57
[9. Disciplinary Committees.—(1) A Bar Council shall constitute one or more
disciplinary committees, each of which shall consist of three persons of whom two
shall be persons elected by the Council from amongst its members and the other shall
be a person co-opted by the Council from amongst advocates who possess the
qualifications specified in the proviso to sub-section (2) of Section 3 and who are not
members of the Council, and the 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.]
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.
59 [10-A. Transaction of business by Bar Councils and 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.
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(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 member of
61 62
a Bar Council shall be deemed to have vacated his office if he is declared by the Bar
Council of which he is a member to have been absent without sufficient excuse from
three consecutive meetings of such Council, or if his name is, for any cause, removed
from the roll of advocates or if he is otherwise disqualified under any rule made by the
Bar Council of India.]
11. Staff of Bar Council.—(1) Every Bar Council shall appoint a secretary and may
appoint an accountant and such number of other persons on its staff as it may deem
necessary.
(2) The secretary and the accountant, if any, shall possess such qualifications as
may be prescribed.
12. Accounts and audit.—(1) Every Bar Council shall cause to be maintained such
books of accounts and other books in such form and in such manner as may be
prescribed.
(2) The accounts of a Bar Council shall be audited by auditors duly qualified to act
as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times
and in such manner as may be prescribed.
63
[(3) As soon as may be practicable at the end of each financial year, but not later
than the 31st day of December of the year next following, a State Bar Council shall
send a copy of its accounts together with a copy of the report of the auditors thereon
to the Bar Council of India and shall cause the same to be published in the Official
Gazette.
(4) As soon as may be practicable at the end of each financial year, but not later
than the 31st day of December of the year next following, the Bar Council of India
shall send a copy of its accounts together with a copy of the report of the auditors
thereon to the Central Government and shall cause the same to be published in the
Gazette of India.]
13. Vacancies in Bar 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 disputes as to
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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. Hence,
in absence of requirement in statutory rules, concept of just cause and right to hearing are not
applicable to moving or passing of no-confidence motion, 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 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 is invalid. 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.—Power of State Bar Council under Section 15, 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. Referring to functions of
State Bar Councils as enumerated in Section 6, held, rules framed under various clauses of Section
15(2) would control conduct of business of State Bar Councils and ensure maintenance of
standards of democratic governance in said Councils. Expression “election of its members” in
Section 6(1)(g), should not be given restricted meaning. Hence bringing of no-confidence motion
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against Chairman/Vice-Chairman by same body which had elected them not barred. More so when
State Bar Council Rules were in consonance with Bar Council of India Rules. Therefore, Rule 122-A
State Bar Council rules is intra vires Section 15. Further held, Rule 122-A neither vests arbitrary
powers in Bar Council nor can it be said to suffer from excessive delegation as guidelines can be
found out from object of Advocates Act, and moreover, certain guidelines have been provided in Bar
Council of India Rules Pt. IX Rule 5, 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:
72 [Provided that where any such senior advocate makes an 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 expression “an advocate of a High Court” must mean an
advocate whose name has been enrolled as an advocate of a High Court, no matter whether he
practised in the High Court itself or in courts subordinate to it or both. There is nothing in any of the
provisions to indicate that an advocate of a High Court can only be that advocate who has been
practising in the High Court. The distinction, if any, 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.
► Designation of Senior Advocates.—Uniform guidelines prescribed for Supreme Court and
all High Courts regarding procedure for designation of Senior Advocates. Said procedure must
ensure strict scrutiny of credentials and only best and most deserving should be bestowed the
designation leaving no scope for any doubt or dissatisfaction. Prescription of minimum income
cannot be an eligibility condition. Norm of 10 yrs of practise at Bar is more appropriate than
prescribing a minimum age. There must be a Permanent Committee with a Secretariat for its
assistance — Who should be members of said Committee specified. The Secretariat should
process applications/proposals of names for said designation in the manner stated. Said proposed
names should be put up in official website for inviting suggestions and views. Database of proposed
names so prepared should be considered by the Permanent Committee by giving points on basis,
indicated in table. Full Court should thereafter consider proposed names in manner laid down. Full
Court should review designated names after two years and if some advocate is not found worthy his
designation as Senior Advocate can be recalled. Above guidelines are not exhaustive and Supreme
Court can change them in the light of experience gained over time, Indira Jaising v. Supreme Court
of India, (2017) 9 SCC 766 : (2017) 2 SCC (L&S) 802 : (2017) 4 SCC (Civ) 575.
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.
Designation of some selected advocates as Senior Advocates is a reasonable classification and
there is a valid object behind said classification. Object of said classification is to recognise, merit,
ability, contribution and standing of an advocate. Such recognition of talent and special qualities of a
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person, which has been proved over a period of time, is reasonable. Said object would enhance
value of legal system. Therefore, designation of Senior Advocate under Section 16, passes test of
constitutionality. For similar reason challenge based on violation of Article 18 of the Constitution, not
tenable. Use of such prefixes and suffixes in medical profession and bureaucratic circle is not
uncommon. Apprehensions of possible consequences arising out of improper exercise of power
under Section 16, or anti-competitiveness, or indulgence or charge of high fees by Senior
Advocates, cannot be a ground to invalidate Section 16, 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 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.—Gujarat Bar Council Enrolment Rules - Rule 55(2)(g)(i) of, 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, not valid, Bar Council of T.N. v.
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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:
78 [Provided that where any such application for transfer is made by a person against
whom any disciplinary proceeding is pending or where for any other reason it appears
to the Bar Council of India that the application for transfer 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 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.
79 [20. Special provision for enrolment of certain Supreme Court 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.
80
[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any
person, it shall be referred to the State Bar Council concerned for decision.]
81
[22. Certificate of enrolment.—(1) There shall be issued a certificate of enrolment
in the prescribed form by the State Bar Council to every person whose name is entered
in the roll of advocates maintained by it under this Act.
(2) Every person whose name is so entered in the State roll shall notify any change
in the place of his permanent residence to the State Bar Council concerned within
ninety days of such change.]
23. Right of pre-audience.—(1) The Attorney-General of India shall have pre-
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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), 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.
► Nature and scope.—Section 23 of the Advocates Act merely determines the rights of
advocates inter se to the pre-audience of the court on the basis of seniority. That is a matter to be
settled among advocates themselves and in case of a dispute seniority shall confer the right of pre-
audience but the section does not impose any bar on a junior advocate in the matter of conducting
the case when no other advocate is present on behalf of the client, Tika v. State of U.P., 1975 Cr
LJ 337.
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]
87
[he is a barrister and is called to the Bar on or before the 31st day of
December, 1976; 88 [or has passed the articled clerk's examination or any
other examination specified by the High Court at Bombay or Calcutta for
enrolment as an attorney of that High Court;] or has obtained such other
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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].
93
[Explanation.—For the purposes of this sub-section, a person shall 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).
95 [(3) Notwithstanding anything contained in sub-section (1), a 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 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, AIR 1975 Ori 78.
Clause (a) does not require that a person seeking enrolment should have acquired the
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qualification of a mukhtar by having passed the Mukhtarship examination, Parmeshwar Pd. v. Union
of India, AIR 1971 Pat 316.
► Enrolment as advocate.—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.
101 [24-A. Disqualification for enrolment.—(1) No person shall be admitted as an
advocate on a State roll—

(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the Untouchability
(Offences) Act, 1955 (22 of 1955);
102 [(c) if he is dismissed or removed from employment or office under the State
on any charge involving moral turpitude.

Explanation.—In this clause, the expression “State” shall have the meaning
assigned to it under Article 12 of the Constitution:]
Provided that the disqualification for enrolment as aforesaid shall cease to have
effect after a period of two years has elapsed since his 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.—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, V. Sudeer v. Bar Council of India, (1999) 3 SCC 176.
► Disqualification from enrolment.—Disqualification from enrolment under Section 24-A of
Advocates Act, held, applicable at entry level and post enrolment, 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.
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:
105
[Provided that the Bar Council of India may, if satisfied, either on a reference
made to it in this behalf or otherwise, that any person has got his name entered on
the roll of advocates by misrepresentation as to an essential fact or by fraud or undue
influence, remove the name of such person from the roll of advocates after giving him
an opportunity of being heard.]
(2) Where the enrolment committee of a State Bar Council proposes to refuse any
such application, it shall refer the application for opinion to the Bar Council of India
and every such reference shall be accompanied by a statement of the grounds in
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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.
106 [(4) Where the enrolment committee of a State Bar Council has 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 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, 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 foregoing power,
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.—Even though a pleader or vakil might
not have to get himself enrolled under Section 29 of the Advocates Act, in their very eligibility to be
enrolled as advocates, there is implicit statutory acceptance of the position that all these categories
of legal practitioners have substantially the same powers vis-a-vis client and court. The egalitarian
ethos injected by the Advocates Act makes for parity of powers between pleaders and advocates to
act on behalf of their client. One can read into the complex of provisions bearing on legal
practitioners this activist identity of power to act. After all, every legal practitioner, labels apart, is an
officer of the court and aids in the cause of justice. Logically and sociologically and, indeed legally,
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their responsibility to their clients and to the Court have to be the same. Hence, lawyers, be they
advocates, vakils or pleaders, stand on the same footing in regard to their power to act on behalf of
their clients. Moreover there is substantial harmony of judicial opinion on the proposition that the
different classes of legal practitioners have the same rights in relation to the case in which they have
been engaged. The tune and spirit of Section 29, Advocates Act affirms such a position.
Rule 1 and Rule 4(1) of Order 3 of C.P.C., 1908 clothe the pleader with the power to act in any
court provided he has been empowered by a vakalatnama in this behalf. Also Section 2(15) of the
Code obliterates any statuswise distinction between an advocate and any other legal practitioner like
a vakil or pleader entitled to appear in court on behalf of his client, 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. Scheme in Chapter IV of Advocates
Act, 1961 makes it clear that advocates enrolled with Bar Council alone are entitled to practise law,
except as otherwise provided in any other law. All others can appear only with permission of court,
authority or person before whom proceedings are pending. Regulatory mechanism for conduct of
advocates applies to non-litigation work also. Prohibition applicable to any person in India, other
than advocate enrolled under Advocates Act, certainly applies to any foreigner also. Ethics of the
legal profession apply not only when an advocate appears before the court. Same also apply to
regulate practice outside the court. Adhering to such Ethics is integral to the administration of
justice. Professional standards laid down from time to time are required to be followed. Thus,
regulatory mechanism for practice of law in India governs litigation as well as non-litigation, Bar
Council of India v. A.K. Balaji, (2018) 5 SCC 379.
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 30. Scope
includes Section 34, Bar Council of India v. High Court of Kerala, (2004) 6 SCC 311.
► Levy of stamp-duty on certificate of enrolment.—The charging provisions can be enacted
by both Parliament and the State Legislatures subject to the provisions of Article 254 of the
Constitution. It is well settled that the scheme of the Entries in the various lists is that taxation is not
intended to be comprised in the main subject in which ‘it might on an extended constitution be
regarded as included but is treated as a distinct matter for the purpose of legislative competence’.
Even under the residuary power of legislation covered by Article 248 the Parliament can only
impose that tax which is not mentioned in either List III or List II.
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.
Hence there is no substance in the argument that the Advocates Act made discrimination in two
ways—firstly, the advocate in one State has to pay only the enrolment fee of Rs. 250 and no more;
whereas in Uttar Pradesh an advocate has to pay not only Rs. 250 as enrolment fee but also a
stamp-duty as prescribed by the Stamp Amendment Acts. Secondly in the matter of transfer
discrimination arises.
In order to achieve uniformity it is for the States to refrain from levying any stamp-duty on the
certificate of enrolment or the Parliament to enact proper legislation so as to do away with a feature
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which is certainly derogatory of the ultimate aim and goal of the Act of having a common Bar for the
whole country with uniformity in all material respects, Bar Council of U.P. v. State of U.P., (1973) 1
SCC 261.
► Power to enter into compromise without client's consent.—If a suitor countermands his
pleader's authority to enter into a compromise or withholds, by express recital in the vakalat, the
power to compromise the legal proceeding, the pleader (or, for that matter, the advocate) cannot go
against such advice and bind the principal, his client. This is as illegal as it is unprofessional.
However legal skill that is hired by the client may, for its very effective exercise, need an area of
autonomy and quickness of decision and to restrict the agency to express authorisation is to ask for
an unpredictable and endless enumeration of powers. To circumscribe the power to act is to defeat
the purpose of the engagement. Those who know how courts and counsel function will need no
education on the jurisprudence of lawyer's position and powers. Absent speaking instructions to the
contrary, the power to act takes in its wings the right and duty to save a client by settling the suit if
and only if he does so bona fide in the interests and for the advantage of his client. This amplitude
of the power to act springs from the built-in dynamism, challenge and flux of the very operation of
legal representation. This is so because the legal profession is a para-public institution which
deserves the special confidence of and owes greater responsibility to the community at large than
the ordinary run of agency.
As a matter of propriety both in the interest of the client and the good reputation of counsel, it is
always advisable that he should get specific instructions before taking such a radical step.
Also the implied power to compromise cannot extend to matters extraneous to the action,
Jamilabai Abdul Kadar v. Shankerlal Gulabchand, (1975) 2 SCC 609.
► 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.
Hence a lawyer, simpliciter, cannot appear before an Industrial Tribunal without the consent of
the opposite party and leave of the tribunal merely by virtue of a power of attorney executed by a
party. A lawyer can appear before the tribunal in the capacity of an office-bearer of a registered
trade union or an officer of association of employers and no consent of the other side and leave of
the tribunal will, then, be necessary, Paradeep Port Trust v. Workmen, (1977) 2 SCC 339; 1977
SCC (L&S) 253.
► Advocate appearing as a litigant.—Advocate appearing as litigant in person is not entitled to
argue with his robes on from the advocate's table, T. Venkanna v. Mysore High Court, AIR 1973
Mys 127.
► 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.
► Right of advocates to practice.—Right of advocates to practice envelops a number of acts
to be performed in 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.
► Right to practice law.—The right to practice law is a statutory right which itself is restricted
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one. It is controlled by the provisions of the Advocates Act, 1961 and the Rules framed by the Bar
Council under that Act. A statutory right cannot be placed at a higher pedestal to a fundamental
right. Even a fundamental right is subject to restriction and control. A bare reading of Sections 29,
30 and 33 of the Advocates Act, 1961 clearly shows that this is a statutory right given to an advocate
to practice and an advocate alone is the person who can practice before the courts, tribunals,
authorities and persons. But this right is statutorily regulated by two conditions—one, that a person's
name should be on the State rolls and second, that he should be permitted by the law for the time
being in force, to practice before any authority or person. Where the advocate has a right to appear
before an authority or a person, that right can be denied by a law that may be framed by the
competent legislature. Thus, the right to practice is not an absolute right which is free from
restrictions and is without any limitation. The Advocates Act placed a complete prohibition upon the
right to practice of those persons who were not advocates enrolled with the State Bar Council.
Therefore, the right to practice, which 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 is
subject to reasonable restrictions, N. K. Bajpai v. Union of India, (2012) 4 SCC 653.
Right of advocates under Section 30 to practise law is not an absolute right but is subject to rule
making power of High Court under Section 34 of Advocates Act and Article 225 of Constitution of
India. High Court by framing said rules can regulate appearance of advocates in courts. Right to
appear and conduct cases in court is a matter on which court must and does have major
supervisory and controlling power. Courts cannot be and are not divested of control or supervision
of conduct in court merely because it may involve right of an advocate in this view, the impugned
Rules 3 and 3-A of Chapter XXIV of Allahabad High Court Rules, 1952 framed by High Court
concerned, which do not permit advocate who is not enrolled with Bar Council of State of U.P. and
is not on roll of advocates maintained by Allahabad High Court, to appear, act or plead in High Court
unless he files his Vakalatnama along with a local advocate, held, not ultra vires Section 30 of
Advocates Act, 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.
► “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.—Had the legislature wished to restrict the demand
notice being sent by the operational creditor himself, the expression used would perhaps have been
“issued” and not “delivered” and that delivery, therefore, would postulate that such notice could be
made by an authorised agent. Further, the requirement of appending signatures of persons
“authorised to act” on behalf of the operational creditor in the demand notice as well as the
application under Section 9 of 2016 Code in terms of Form 3 and 5 of Rules also reflects similar
understanding of the draftsman of the Adjudicatory Authority Rules. Also, 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 2016 Code together with the
Adjudicatory Authority Rules and Forms, such 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.
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► 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.
112 [(1-A) The High Court shall make rules for fixing and regulating by taxation or
otherwise the fees payable as costs by any party in respect of the fees of his
adversary's advocate upon all proceedings in the High Court or in any court
subordinate thereto.]
113 [(2) Without prejudice to the provisions contained in sub-section (1), the High
Court at Calcutta may make rules providing for the holding of the Intermediate and
the Final examinations for articled clerks to be passed by the persons referred to in
Section 58-AG for the purpose of being admitted as advocates on the State roll and
any other matter connected therewith.]
(3) 114 [* * *]
► Right to practise.—The disciplinary jurisdiction conferred on the Bar Councils under
Section 36 of the Advocates Act, 1961 for misconduct committed by the advocates stand on a
different footing than the powers conferred on the High Courts to frame rules to practise before the
High Court or subordinate courts. It may be the intention of Parliament to confer the jurisdiction on
the lawyers' body like Bar Councils regarding misconduct by advocates to maintain the
independence of the Bar. However, again keeping in mind the administration of justice and
regulating the Court proceedings and right to practise and right to appear before the High Courts
and subordinate courts, power is conferred on the High Courts, to frame rules, 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.
► Power of High Court to frame rules.—Rules 14-A to 14-D of Madras High Court Rules,
1970, which envisage disciplinary control over advocates, held, ultra vires Section 34. Regulatory
jurisdiction/rule-making power under Section 34 distinguished from contempt jurisdiction of High
Court and Supreme Court and power of Supreme Court under Or. IV Rule 10, Supreme Court
Rules, 1966 to withdraw privilege to practice as Advocate-on-Record. The need of healthy Bar and
Bench relationship and their independence, stressed. Duties and responsibility of Bar Council and
advocates, emphasized. Independence of Bar should be maintained so that advocates perform their
duties without fear. Nobility of profession should not be disturbed. Simultaneously, it is the duty of
Bar Council of India/State Bar Councils to improve their functioning on the disciplinary side. Bar
Councils should improve functioning of their Disciplinary Committees to make system more
accountable, publish performance audit on disciplinary side of various Bar Councils. The same must
be made public. Basically Court should not control Bar. It is statutory duty of Bar Councils to make
the Bar more noble and also to protect Judges and legal system, not to destroy Bar itself by
inaction, R. 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.
115 [(1-A) The State Bar Council may, either of its own motion or on application
made to it by any person interested, withdraw a proceeding pending before its

disciplinary committee and direct the inquiry to be made by any other disciplinary
committee of that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 116 [* * *] shall fix a date for
the hearing of the case and shall cause a notice thereof to be given to the advocate
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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.
117 [Explanation.—In this section, 118 [Section 37 and Section 38], the 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.—The requirement of ‘reason to believe’ cannot be converted
into a formalised procedural roadblock, it being essentially a barrier against frivolous enquiries. It is
implicit in the resolution of the Bar Council, when it says that it has considered the complaint and
decided to refer the matter to the disciplinary committee, that it had reason to believe, as prescribed
by the statute, 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. Administration of justice is a stream
which has to be kept pure and clean. It has to be kept unpolluted. Administration of justice is not
something which concerns the Bench only. It concerns the Bar at well. The Bar is the principal
ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer.
While conducting the case he functions as an officer of the court, 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.
► Duties of Bar Councils.—It is the duty of Bar Councils to ensure that there is no
unprofessional and unbecoming conduct by any lawyer. Bar Council of India is enjoined with a duty
of laying down standards of professional conduct and etiquette for advocates. Bar Council of India
to ensure that advocates do not behave in an unprofessional and unbecoming manner. Section 48
of the Advocates Act gives a right to Bar Council of India to give directions to State Bar Councils.
Bar Associations may be separate bodies but all advocates who are members of such associations
are under disciplinary jurisdiction of Bar Councils and thus, Bar Councils can always control their
conduct, 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.—The court, in dealing with cases of professional misconduct is
not concerned with ordinary legal rights, but with the special and rigid rules of professional conduct
expected of and applied to a specially privileged class of persons who, because of their privileged
status, are subject to certain disabilities which do not attach to other men and which do not attach
even to them in a non-professional character…he (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
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demands of him in professional matters, he is liable to disciplinary action. The fact of there being no
specific rules governing the particular situation, is not any reason for accepting a less rigid
standard. If any, the absence of rules increases the responsibility of the members of the profession
attached to the court as to how they should conduct themselves in such situations, having regard to
the very high privilege that an Advocate of Supreme Court now enjoys as one entitled, under the law,
to practise in all the Courts in India. Re ‘M’ an Advocate, AIR 1957 SC 149 : 1956 SCR 811 : 1957
Cri LJ 300 : 1957 SCA 229.
Advocate taking hand loan from opposite party and failing to repay it, is not guilty of professional
misconduct, R. Janardhana Rao v. G. Lingappa, (1999) 2 SCC 186.
Taking money from client for bringing an official, held, amounts to professional misconduct,
Chandra Shekhar Soni v. Bar Council of Rajasthan, (1983) 4 SCC 255 : 1983 SCC (Cri) 837.
Advocate switching sides in a criminal case, held committed professional misconduct, Chandra
Shekhar Soni v. Bar Council of Rajasthan, (1983) 4 SCC 255 : 1983 SCC (Cri) 837.
Misconduct means professional or other misconduct and it should ordinarily be determined qua
profession. 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.
Appellant alleged to have filed large number of cases on behalf of wife of respondent against
respondent, it would not amount to professional misconduct, Bharat Lal Pandey v. Ramji Prasad
Yadav, (2009) 17 SCC 644.
The object of a proceeding in respect of professional misconduct differs totally from the object of
a proceeding in a criminal court. Proceedings under the Bar Councils Act and similar statutes are
taken in order to ensure that the highest standards of professional conduct are maintained at the
Bar. These proceedings, though in a sense penal, are solely designed for the purpose of
maintaining discipline and to ensure that a person does not continue in practice who by his conduct
has shown that he is unfit so to do. It is not a jurisdiction which is exercised in aid of the criminal law
for the only question for the court to consider is whether the practitioner has so misconducted
himself as no longer to be permitted to continue a member of an honourable and responsible
profession. The object of criminal proceedings, on the other hand, is to enforce the law of the land
and to secure the punishment of an offender. No doubt, if a criminal prosecution is initiated in
respect of the subject-matter of the complaint and the charge is held proved, the conviction might be
a ground for a later proceeding under the Bar Councils Act. No doubt, also, if the practitioner is
acquitted or discharged by a criminal court on the merits, the facts would not be reinvestigated for
the purpose of founding of a charge of professional misconduct on those very facts. The object of
the two proceedings being thus different, it is not any rule of law but merely a matter of discretion
depending on the facts of each case as to whether the court would straightway proceed to enquire
into the allegation of professional misconduct or leave it to the complainant to prosecute the
practitioner and await the result of such a proceeding.
It is true that mere negligence or error of judgment on the part of the Advocate would not amount
to professional misconduct. Error of judgment cannot be completely eliminated in all human affairs
and mere negligence may not necessarily show that the Advocate who was guilty of it can be
charged with misconduct. But different considerations arise where the negligence of the Advocate is
gross. It may be that before condemning an Advocate for misconduct, courts are inclined to
examine the question to whether such gross negligence involves moral turpitude or delinquency. In
dealing with this aspect of the matter, however, it is of utmost importance to remember that the
expression “moral turpitude or delinquency” is not to receive a narrow construction. Wherever
conduct proved against an Advocate is contrary to honesty, or opposed to good morals, or is
unethical, it may be safely held that it involves moral turpitude. A wilful and callous disregard for the
interests of the client may, in a proper case, be characterised as conduct unbefitting an Advocate.
Any conduct which makes a person unworthy to belong to the noble fraternity of lawyers or makes
an Advocate unfit to be entrusted with the responsible task of looking after the interests of the
litigant, must be regarded as conduct involving moral turpitude. The Advocates-on-record like the
other members of the Bar are Officers of the court and the purity of the administration of justice
depends as much on the integrity of the Judges as on the honesty of the Bar. That is why dealing
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with the question as to whether an Advocate has rendered himself unfit to belong to the brotherhood
at the Bar, the expression “moral turpitude or delinquency” is not to be construed in an unduly
narrow and restricted sense. Re ‘P’ an Advocate, AIR 1963 SC 1313 : (1964) 1 SCR 697 : (1963) 2
Cri LJ 341.
Professional misconduct must be proved beyond reasonable doubt, L.D. Jaisinghani v.
Naraindas N. Punjabi, (1976) 1 SCC 354.
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.
Delinquent advocate exonerated where he planned to retire and step out of the Bar and assured
the court of professional propriety, State of Maharashtra v. M.V. Dabholkar, (1976) 2 SCC 291.
Applicable standard of proof for professional misconduct is proof beyond reasonable doubt and
not on preponderance of probabilities, Jaipur Vikas Pradhikaran v. Ashok Kumar Choudhary,
(2011) 14 SCC 105 : (2012) 2 SCC (L&S) 837.
Although a lawyer owes an unremitting loyalty to client's interests, however, merely because his
legal opinion may not be acceptable, he cannot be fastened with criminal prosecution in absence of
tangible evidence that he had aided or abetted other conspirators. At the most, he may be liable for
gross negligence or professional misconduct if established by evidence, CBI v. K. Narayana Rao,
(2012) 9 SCC 512 : (2012) 3 SCC (Cri) 1183 : (2012) 4 SCC (Civ) 737.
Involvement of moral turpitude or delinquency needs to be examined for deciding gross
negligence. Moral turpitude or delinquency need not receive narrow construction. Conduct of
advocate contrary to honesty or good morals or conduct which is unethical, involves moral turpitude.
Callous disregard for interest of client can be characterised as conduct unbefitting an advocate.
Any conduct making advocate unworthy to belong to noble fraternity of lawyers or makes an
advocate unfit to be entrusted with responsible task of looking after interest of litigants, must be
regarded as conduct involving moral turpitude, 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.
Mere negligence or error of judgment does not amount to professional misconduct, and act of
appellant advocate on facts could not be considered as gross negligence, which would have
amounted to 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.
► 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.
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► 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.
► Misconduct/Criminal contempt.—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.
► 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.
► Grave misconduct.—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.
► 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.
► Reasonable fee.—The high standards of the profession demand that 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. It may be that in certain circumstances he is entitled to exercise a lien, but he has to give
reasonable intimation both of the fact of moneys having come into his hands and of the exercise of
lien over them until his account is settled. If there has been no prior settlement of fees he cannot
constitute himself a judge in his own cause as to what would be the reasonable fee payable to him.
This position of trusteeship in respect of moneys of the client in his hands is all the greater where
the moneys represent the unspent balance of what was given for a specific purpose, such as for
payment of printing charges, as in this case. On any such unspent balance, it is well settled, that he
has no lien either under the common law or by the statute. Re ‘M’ an Advocate, AIR 1957 SC 149 :
1956 SCR 811 : 1957 Cri LJ 300.
► Personal attack upon the complainant.—An advocate will not be justified in making a
personal attack upon the complainant or witnesses on matters not borne out by the record nor in
using language which is abusive or obscene or in making obscene or vulgar gestures in court,
Harbans Kaur v. Chaturvedi, 1970 Mah LJ (Notes) 3.
► 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.
► Sentence of suspension.—Where the misconduct was made out and established, granting
of sentence of suspension from practice for two years held not grossly disproportionate, Harish
Chander Singh v. S.N. Tripathi, (1997) 9 SCC 694.
► Punishment of suspension.—Where the appellant an advocate, was held guilty and was
imposed punishment of suspension from practice for one year by Disciplinary Committee of Bar
Council of India and finding of committee on hand writing of appellant by comparison done by itself
and on letter sent to Advocate of Allahabad was not correct and unsustainable. Even then, appellant
was rightly held guilty of professional misconduct for having wrongfully retained Rs. 1500 kept with
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him in connection with settlement in education proceedings and punishment of reprimand was
imposed on appellant for misconduct done on his part, Prahlad Saran Gupta v. Bar Council of
India, (1997) 3 SCC 585.
► Punishment.—Where an advocate had assaulted his opponent with knife in Court room and
was convicted in offence under Section 307, IPC and sentenced to 3 years R.I. and consequently
his name entered in Register No. 8 at Police station, where in the name of bad characters are
entered the gravity of misconduct committed by him showed that he was unworthy of remaining in
profession, hence under Section 35 of Advocates Act, the proper punishment should have been to
direct the removal of his name from the State roll of advocates and the order passed accordingly,
Hikmat Ali Khan v. Ishwar Prasad Arya, (1997) 3 SCC 131.
► 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.
Where a considerable sum of money belonging to his client was misappropriated, suspension for
five years was held, proper, P.J. Ratnam v. D. Kanikaram, AIR 1964 SC 244.
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.
► 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.
► Burden of proof.—Burden of proof lies on the complainant, John D'Souza v. Edward Ani,
(1994) 2 SCC 64.
► Prejudice to.—Infirmities in disciplinary proceedings conducted by State Bar Council
causing prejudice to the delinquent advocate. Findings and award of punishment set aside, Ram
Bharosey v. Har Swarup, (1976) 3 SCC 435.
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. Further
held, where a lawyer has committed breach of duty in respect of such fiduciary obligation he is
guilty of misconduct, 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.
► 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.
► Advocate-client relationship.—Mere issuance of cheque by client may not debar client from
contesting liability to pay fees claimed by advocate. If liability is disputed, advocate has to
independently prove contract. A contingent fee claim cannot be the basis for a complaint by an
advocate under Section 138, NI Act. In any case 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
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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 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.
122
[36-A. Changes in constitution of disciplinary committees.—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.
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► 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:
126 [Provided that no order of the disciplinary committee of the State Bar Council
shall be varied by the disciplinary committee of the Bar Council of India so as to

prejudicially affect the person aggrieved without giving him reasonable opportunity of
being heard.]
► Disciplinary Committee of Bar Council—Power of review—Scope—Extent of powers.—
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.
The powers of review are not circumscribed by the Act. The analogy of the Civil Procedure Code
must not be carried too far. Such powers may be exercised in a suitable case for or against an
advocate even after the matter has gone through the hands of the disciplinary committee at some
stage or even through this Court. These matters are also not governed by the analogy of the
autrefois convict or autrefois acquit in the Code of Criminal Procedure. Disciplinary proceedings
against a lawyer involve not only the particular lawyer but the entire profession. The reputation of the
legal profession is the sum-total of the practitioners. The honour of the lawyer and purity of the
profession are the primary considerations and they are intermixed, 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:
129 [Provided that no order of the disciplinary committee of the Bar Council of India
shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved
without giving him a reasonable opportunity of being heard.]
► 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, AIR 1968 SC 888.
► Appeal to Supreme Court—Scope.—The appeal to the Supreme Court is not a restricted
appeal. It is not an appeal on law alone but also on fact. Indeed Section 38 gives the Supreme Court
jurisdiction to pass on such appeal any order it deems fit. Therefore the appropriate Bar Council or
the Supreme Court do not act wrongly if they entertain subsequent petitions from a person whose
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case had been dealt with by a disciplinary committee, O.N. Mohindroo v. District Judge, Delhi,
(1971) 3 SCC 5.
The scheme and the provisions of the Act indicate that the constitution of State Bar Councils and
Bar Council of India are for one of the principal purposes to see that the standards of professional
conduct and etiquette laid down by the Bar Council of India are observed and preserved. The Bar
Councils therefore entertain cases of misconduct against advocates. The Bar Councils are to
safeguard the rights, privileges and interests of advocates.
The Bar Council has a very important part to play, first, in the reception of complaints, second, in
forming reasonable belief of guilt of professional or other misconduct and finally in making
reference of the case to its disciplinary committee. The initiation of the proceeding before the
disciplinary committee is by the Bar Council of a State. A most significant feature is that no litigant
and no member of the public can straightaway commence disciplinary proceedings against an
advocate. The Bar Council of a State may also of its own motion if it has reason to believe that any
advocate has been guilty of professional or other misconduct refer the case for disposal to its
disciplinary committee.
The Bar Council is “a person aggrieved” for these reasons. First, the words “person aggrieved”
in the Act are of wide import in the context of the purpose and provisions of the statute. In
disciplinary proceedings before the disciplinary committee there is no lis and there are no parties.
Therefore, the word “person” will embrace the Bar Council which represents the Bar of the State.
Second, the Bar Council is “a person aggrieved” because it represents the collective conscience of
the standards of professional conduct and etiquette. The Bar Council acts as the protector of the
purity and dignity of the profession. Third, the function of the Bar Council in entertaining complaints
against advocates is when the Bar Council has reasonable belief that there is a prima facie case of
misconduct that a disciplinary committee is entrusted with such inquiry. Once an inquiry starts, the
Bar Council has no control over its decision. The Bar Council may entrust it to another disciplinary
committee or the Bar Council may make a report to the Bar Council of India. This indicates that the
Bar Council is all the time interested in the proceedings for the vindication of discipline, dignity and
decorum of the profession. Fourth, a decision of a disciplinary committee can only be corrected by
appeals as provided under the Act. When the Bar Council initiates proceedings by referring cases
of misconduct to disciplinary committee, the Bar Council in the performance of its functions under
the Act is interested in the task of seeing that the advocates maintain the proper standards and
etiquette of the profession. Fifth, the Bar Council is vitally concerned with the decision in the context
of the functions of the Bar Council. The Bar Council will have a grievance if the decision prejudices
the maintenance of standards of professional conduct and ethics, 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” and therefore, the appeal under Section 38 would be maintainable on its behalf,
Bar Council of A.P. v. Kurapati Satyanarayana, (2003) 1 SCC 102 : 2003 SCC (Cri) 155.
► Supreme Court's interference under Section 38, when called for.—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. The finding in
disciplinary proceedings must be sustained by a higher degree of proof than that required in civil
suits, yet falling short of the proof required to sustain a conviction in a criminal prosecution. There
should be convincing preponderance of evidence. 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
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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.
132 [(2) Where an application is made for stay of the order before the 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—
(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.
137
[(4) Notwithstanding the absence of the Chairman or any member of a
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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.]
► Guilt of an advocate.—In approaching the question as regards the guilt or otherwise of an
advocate in the context of professional misconduct levelled against him apart from conforming to
such procedure as may have been outlined in the Act or the Rules, 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.
138 [42-A. Powers of Bar Council of India and other committees.—The provisions of
Section 42 shall, so far as may be, apply in relation to the Bar Council of India, the
enrolment committee, the election committee, the legal aid committee, or any other
committee of a Bar Council as they apply in relation to the disciplinary committee of a
Bar Council.]
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:
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.—The powers of review are not circumscribed by the Act. The analogy of
the Civil Procedure Code must not be carried too far. Such powers may be exercised in a suitable
case for or against an advocate even after the matter has gone through the hands of the
Disciplinary Committee at some stage or even through this Court. These matters are also not
governed by the analogy of the autrefois convict or autrefois acquit in the Code of Criminal
Procedure. Disciplinary proceedings against a lawyer involve not only the particular lawyer but the
entire profession. The reputation of the legal profession is the sum-total of the reputation of the
practitioners. The honour of the lawyer and purity of the profession are the primary considerations
and they are intermixed, 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 [* * *]
141 [46-A. Financial assistance to State Bar Council.—The Bar Council of India may, if
it is satisfied that any State Bar Council is in need of funds for the purpose of
performing its functions 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.
143 [48-A. Power of revision.—(1) The Bar Council of India may, at any time, call for
the record of any proceeding under this Act which has been disposed of by a State Bar
Council or a committee thereof, and from which no appeal lies, for the purpose of
satisfying itself as to the legality or propriety of such disposal and may pass such
orders, in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this
section without giving him a reasonable opportunity of being heard.]
144 [48-AA. Review.—The Bar Council of India or any of its committees, other than
its disciplinary committee, may of its own motion or otherwise review any order, within
sixty days of the date of that order, passed by it under this Act.]
► 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.
145
[48-B. Power to give directions.—(1) For the proper and efficient discharge of the
functions of a State Bar Council or any committee thereof, the Bar Council of India
may, in the exercise of its powers of general supervision and control, give such
directions to the State Bar Council or any committee thereof as may appear to it to be
necessary, and the State Bar Council or the committee shall comply with such
directions.
(2) Where a State Bar Council is unable to perform its functions for any reason
whatsoever, the Bar Council of India may without prejudice to the generality of the
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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 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]:
151 [Provided that no rules made with reference to clause (c) or clause (gg) shall
have effect unless they have been approved by the Chief Justice of India]:
152 [Provided further that] no rules made with reference to clause (e) 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,
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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.—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.
► Pre-enrolment training.—Section 49(1)(ah) pertains to post enrolment conditions for
practice by advocate and not with pre-enrolment training. Hence Rules framed by Bar Council of
India prescribing pre-enrolment training and examination as additional qualification for enrolment as
advocate not warranted by Section 49(1)(ah). No analogy can be drawn from High Court's rule
making power under Section 34(1) on the ground that it is in pari materia with Section 49(1)(ah), V.
Sudeer v. Bar Council of India, (1999) 3 SCC 176.
► Acquisition of a degree in law.—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.
► 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.
► Protection to arrested persons.—Article 22(1) specifically gives this protection to arrested
persons. All such accused do have the right to be defended lawfully until they are proved to be
guilty, and advocates have the corresponding duty to represent them, in accordance with law, K.
Vijaya Lakshmi v. State of A.P., (2013) 5 SCC 489.
► 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.
► 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. Also, the
mere fact that legislators (MPs/MLAs/MLCs) draw salary or different allowances in that capacity
does not result in creation of a relationship of employer and employee between Government and
legislators, despite description of payment received by them in name of salary and even Rule 49 of
Bar Council of India Rules, 1975 cannot be invoked and applied to legislators, Ashwini Kumar
Upadhyay v. Union of India, (2019) 11 SCC 683.
154
[49-A. Power of Central Government to make rules.—(1) The Central Government
may, by notification in the Official Gazette, make rules for carrying out the purposes of
this Act including rules with respect to any matter for which the Bar Council of India or
a State Bar Council has power to make rules.
(2) In particular and without prejudice to the generality of the foregoing power,
(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;
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(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.
155 [(5) Every rule made under this section shall be laid, as soon as 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 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 shall stand
(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
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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 shall stand
(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, 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, 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
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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 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 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.
162 [58. Special provisions during the transitional period.—(1) Where a State Bar
Council has not been constituted under this Act or where a State Bar Council so
constituted is unable to perform its functions by reason of any order of a court or
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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) 6 SCR 229 : AIR
1964 SC 855 : (1964) 1 Cri LJ 724.
166
[58-A. Special provisions with respect to certain advocates.—(1) 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
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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, 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.]
167 [58-AA. Special provisions in relation to the Union Territory of 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.
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.]
168
[58-AB. Special provisions with respect to certain persons enrolled 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 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
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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.]
169
[58-AC. Special provisions with respect to certain persons enrolled 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:
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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.
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.
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 the provisions of
this Act; and
(ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section
(1) of Section 24.
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
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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.]
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].
170 [58-AG. Special provisions in relation to articled clerks.—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 the provisions of
this Act; and
(iii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section
(1) of Section 24.]
171 [58-B. 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:
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
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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.]
172
59. Removal of difficulties.—(1) If any difficulty arises in giving effect to the
provisions of this Act, particularly in relation to the transition from the enactments
repealed by this Act to the provisions of this Act, the Central Government may, by
order published in the Official Gazette, make such provisions not inconsistent with the
purposes of this Act, as appear to it to be necessary or expedient for removing the
difficulty.
(2) An order under sub-section (1) may be made so as to have retrospective effect
from a date not earlier than the 1st day of December, 1961.]
173 [60. Power of Central Government to make rules.—(1) Until rules in respect of
any matter under this Act are made by a State Bar Council and approved by the Bar
Council of India, the power to make rules in respect of that matter shall be exercisable
by the Central Government.
(2) The Central Government after consultation with the Bar Council of India may, by
notification in the Official Gazette, make rules under sub-section (1) either for any
State Bar Council or generally for all State Bar Councils and the rules so made shall
have effect, notwithstanding anything contained in this Act.
(3) Where in respect of any matter any rules 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 1923) The whole
2. The Legal Practitioners (Fees) Act, 1926 (21 of 1926) The whole
3. The States Reorganisation Act, 1956 (37 of 1956) Section 53
4. The Bombay Reorganisation Act, 1960 (11 of 1960) Section 31
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.
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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
(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, 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
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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
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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.
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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. 46, sub S.O. 50, dated 4-1-1963, ibid., p. 1.
-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, Chapters Union territory of Pondicherry

IV, V, VI, VII and VIII.
1-6-1969 Ss. 29, 31, 33 and 34 of Chap. IV S.O. 1500, dated 5-4-1969, ibid., p. 569
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.
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).
The words "Jammu and Kashmir" deleted by Act 34 of 2019, S. 76(a) (w.e.f. 31-10-2019). Prior these words
15.
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).
Subs. by Act, 81 of 1971, S. 34, for “Union territories of Tripura and the Andaman and Nicobar Islands” (w.e.f.
29.
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).
Subs. for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur, and Tripura, the
32.
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).
39. Omitted by Act, 38 of 1977, S. 3 (w.e.f. 31-10-1977).
40. Ins. by S. 5, Act 60 of 1973 (w.e.f. 31-1-1974).

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).
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).
-----------------------------------------------------------------------------------------------------------------------------------------------------------
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).
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.
Subs. by Act, 47 of 1980, S. 3 (w.e.f. 29-11-1980).
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).
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).
The words and figures “before the 31st day of March, 1964”, omitted by Act, 33 of 1968, S. 2 (w.e.f. 5-6-
96.
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).
The words “if it does not summarily reject the complaint” omitted by Act, 60 of 1973, S. 24 (w.e.f. 31-1-
116.
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).
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).
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).
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
163.
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/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
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authenticity of this text must be verified from the original source.

Advocate Act1961

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Advocate Act1961

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SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.

Page 1 Tuesday, December 20, 2022

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

10-A. Transaction of business by Bar Councils and committees thereof

11. Staff of Bar Council

12. Accounts and audit

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

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

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

28. Power to make rules

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

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

48-A. Power of revision

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

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