Dr.

Syed Ali Nawaz Zaidi

Dept. of Law
AMU
Study Material
Professional Ethics
B.A.LL.B. (HONS) X SEMESTER
Unit 2
COMPOSITION AND FUNCTIONING OF BAR COUNCILS
A. State Bar Councils
a. Election
b. Power and Functions
The Advocate Act, 1961, has made provisions for the establishment of Bar Councils. The Bar
Council will be two patterns - Bar Council of India and State Bar Council. Under Section 3 of
the Act State Bar Council will be established. However, Under Section 4, a Bar Council of
India will be established.
State Bar Councils:
(1) There shall be a Bar Council —
(a) for each of States of Andhra Pradesh, Bihar, Gujarat, Jammu and Kashmir, Jharkhand
Madhya Pradesh, Chhattisgarh, Karnataka, Orissa, Rajasthan Uttar Pradesh and Uttaranchal,
to be known as the Bar Council of that State;
(b) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and
Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura,
Mizoram and Arunachal Pradesh.
(c) for the State of Kerala and the Union territory of Lakshadweep, to be known as the Bar
Council of Kerala;
(cc) for the 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 Dadra and Nagar
Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;
(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 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.
(2) A State Bar Council shall consist of the following members, namely: —

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
(a) in the case of the State Bar Council of Delhi, the Additional Solicitor General of India ex
officio in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and
Tripura, the Advocate General of each of the State of Assam, Manipur, Meghalaya, Nagaland
and Tripura, ex officio; in the case of the State Bar Council of Punjab and Haryana, the
Advocate-General of each of the State of Punjab and Haryana, ex officio; and in the case of
any other State Bar Council, the Advocate-General of the State, ex officio;
(b) 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 the State Bar Council with an
electorate exceeding ten thousand, twenty-five members, elected in accordance with the system
of proportional representation by means of the single transferable vote from amongst advocates
on the electoral roll of the State Bar Council: Provided that as nearly as possible one-half of
such elected 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).
Term of Office of the Members of State Bar Council: Section 8 Provides term of the office
of the Members of the 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 member before
the expiry of the said term, the Bar Council of India may, by order for reasons to be recorded
in writing, extend the said term, the Bar Council of India may, by order, extend the said term
for a period not exceeding six months.
Members of State Bar Council

Electorates Members

>15,000 15

<15,000 and >10,000 20

<10,000 25

The members are 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.
Also, the following are the ex-officio members:

State Bar Council Ex-officio member

Delhi Additional Solicitor General of India

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
Assam, Nagaland, Meghalaya, Advocate General of each of the State of Assam, Manipur,
Manipur and Tripura Meghalaya, Nagaland and Tripura

Punjab and Haryana Advocate-General of each of the State of Punjab and Haryana

All other states Advocate-General of the state

Who can contest and participate in the elections?

The elected members of a State Bar Council 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 practice
in the High Court and are ordinarily practising within the territory (including a Union
Territory) for which the Bar Council is to be constituted. [Section 53 of the Advocates Act]
Conduct of the elections
Section 15 of Advocates Act states that a Bar Council may make rules to carry out the election
of members of the Bar Council by secret ballot and also lay down guidelines regarding the
manner of election of the Chairman and the Vice Chairman of the Bar Council.
The term of office of members of State Bar Council
According to Section 8 of Advocates Act, the term of office of an elected member of a State
Bar Council (other than an elected member thereof referred to in section 54) shall be five
years from the date of publication of the result of his election.
Provided that where a State Bar Council fails to provide for the election of its member before
the expiry of the said term, the Bar Council of India may, by order for reasons to be recorded
in writing, the Bar Council of India may, by order, extend the said term for a period not
exceeding six months.
Disqualification of members of Bar Council
According to Section 10B of the Advocates Act, a person can cease to be a member of the Bar
Council in the following 3 situations:
1. 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.
2. If his name is, for any cause, removed from the roll of advocates.
3. If he is otherwise disqualified under any rule made by the Bar Council of India.
Constitution, functions and procedure of Committees of the Bar Council of India
1. The Council may appoint from amongst its members, one or more Committees as it
may deem necessary, in addition to those specified in the Act and delegate such powers,
duties, and functions to such Committees as it deems fit.
2. Any casual vacancy in the above Committees shall be filled up by the Council.
3. Save where the Chairman or the Vice-Chairman is a member of the Committee or the
Sub-Committee, the Committee or the Sub-Committee shall choose its Chairman for

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
the meeting unless at the time of the constitution thereof the name of the Chairman has
been specified.
4. Unless otherwise determined at the time of the election, the term of the members of the
Committees of the Council shall be as follows:
1. Executive Committee – 2 years
2. Disciplinary Committee – 3 years
3. Legal Education Committee – 4 years
4. Legal Aid Committee – 2 years
5. Advocates Fund Committee – 2 years
6. Any other Committee not falling under the above clauses – 2 years
Election procedure for various committees
The Executive Committee
1. The procedure for the election of the Members of the Executive Committee shall be
by secret ballot.
2. A casual vacancy in the Committee shall be filled up by election by the Council.
3. The Committee shall elect its own Chairman and Vice Chairman. The Chairman shall
preside over the deliberations of the Committee and in his absence, the Vice-Chairman
shall preside.
4. The Committee shall be the executive authority of the Council and shall be responsible
for giving effect to the resolutions of the Council.
The Legal Education Committee
1. The procedure for the election of the Members of the Legal Education Committee shall
be by secret ballot.
2. The names of the remaining five members of the Committee to be co-opted shall be
proposed and seconded by the members of the Council. In case more than five persons
are proposed they shall be chosen by a show of hands. If there is equality of votes, the
Chairman of the meeting shall have a casting vote.
3. A casual vacancy in the Committee shall be filled in by the Council from amongst its
members or non-members as the case may be.
The Disciplinary Committee
1. The procedure for the election or co-option of the members of the Disciplinary
Committee shall be by secret ballot.
2. Any casual vacancy shall be filled in by Council by election or co-option from amongst
its members or non-members as the case may be.

SFA
Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
3. The Chairman or the Vice-Chairman of the Executive Committee shall assign and
allocate all matters relating to the Disciplinary Committees amongst them if more than
one such Committee is constituted or is in existence.
4. In case of the absence of a Bar Council of India’s member during the sitting of the
Disciplinary Committee of the Bar Council of India, the remaining two members of the
said Committee may request any available Bar Council of India member to fill the
vacancy caused by such absence.
Election Process not to be questioned on the grounds that due notice has not been given
to any person entitled to vote
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, if notice of the date has,
not less than thirty days before that date, been published in the Official Gazette. [Section 14 of
Advocates Act]
Resort in case of absence of elections
In case of absence of elections for the State Bar Council for a period of five years and the
extended time, according to Section 8A of the Advocates Act, a Special Committee will be
constituted which will consist of-
1. The chairman who shall be the ex-officio member of the State Bar Council (Usually the
Advocate General of the state)
2. Two members nominated by the Bar Council of India from amongst advocates of the
State Bar Council.
The Special Committee shall hold elections within a period of six months from the date of its
constitution which can also be extended by the Bar Council of India in case of any reasonable
cause of the delay.
Powers and functions of State Bar Council are as under
Functions of State Bar Council:
a) General functions -
Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of the State
Bar Council.
Functions of State Bar Councils
(1) to admit persons as advocates on its roll;
(2) to prepare and maintain such roll;
(3) to entertain and determine cases of misconduct against advocates on its roll;
(4) to safeguard the rights, privileges and interests of advocates on its roll;
(5) to promote the growth of Bar Associations for the purposes of effective implementation of
the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-
section (2) of section 7;

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
(6) to promote and support law reform;
(7) to conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and paper of legal interest;
(8) to organise legal aid to the poor in the prescribed manner;
(9) to manage and invest the funds of the Bar Council;
(10) to provide for the election of its members;
(11) to visit and inspect Universities in accordance with the directions given under clause (i)
of sub-section (1) of section 7;
(12) 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.
A State Bar Council may constitute one or more funds in the prescribed manner for the purpose
of—
(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other
advocates;
(b) giving legal aid or advice in accordance with the rules made in this behalf;
(c) establishing law libraries.
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.
b) To Issue Certificates of Enrolment -
Section 22 of Advocate Act 1961 provides that, 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.
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.
c) To Maintain Roll of Advocates -
Section 17. of Advocate Act, 1961 provides that every State Bar Council shall prepare and
maintain a roll of advocates in which shall be entered the names and addresses of all persons
who were entered as advocates on the roll of any High Court under the Indian Bar Councils
Act, 1926, immediately before the appointed day 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 practice
within the jurisdiction of the Bar Council also enrol 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 date.
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.

SFA
Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
Section 19 of the Advocate Act, 1961, requires the State Bar Council to send copies of rolls of
advocates to the Bar Council of India. It provides that every State Bar Council shall send to the
Bar Council of India an authenticated copy of the roll of advocates prepared by it for the first
time under this Act and shall thereafter communicate to the Bar Council of India all alterations
in, the additions to, any such roll, as soon as the same have been made.
Powers of State Bar Council
a) Power to make rules
The State Bar Council has been empowered to make rules to carry on the purposes of section
16 to Section 27 of the Advocate Act, 196, dealing with the admission and enrolment of
advocate, Section 28(1) provides that the State Bar Council may make rules to carry out the
purposes of chapter III (Section 16 to section 28) of the Act but this rules shall not effective
unless approved by Bar Council of India.
b) Power to punish Advocate
The State Bar Council has Power to punish an advocate for professional misconduct and other
misconduct. The Disciplinary Committee of the State Bar Council may make any of the
following order –
(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.
c) To appoint Committees and Staff Members
A bar Council establishes several committees to its function under this Act including the
disciplinary committee, Executive Committee, Enrolment Committee, etc. Every such
committee is allotted a distinct function to carry.
d) To Maintain Accounts and Conduct Audit
Section 12. of Advocate Act 1961 provides that 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.
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. A State Bar Council 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

SFA
Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
B. Bar Council of India
Section 7 of the advocate Act 1961 provides that the functions of Bar Council of India shall be
–
A) The functions of bar council of India shall be –

i) to lay down standards of professional conduct and etiquette for advocates;

ii) to lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each state bar council.
iii) to safeguard the rights, privileges and interests of advocates.
iv) to promote and support law reform.
v) to deal with the disposal of any matter arising under the Act which may be referred to it by
a state bar council.
vi) to exercise general supervision and control over the state bar council.
vii) 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 council.
viii) to recognize universities whose degree in law shall be a qualification for enrolment for an
advocate for that purpose to visit and inspect universities or cause the state bar council to visit
and inspect universities in accordance with such direction as it may be given in this behalf.
ix) to conduct seminars and organize talks on legal topics by eminent jurist and publish journals
and papers of legal interest.
x) to organize legal aid to the poor in the prescribed manner
xi) to recognize on a reciprocal basis foreign qualification in law obtained outside India for
the purpose of admission as an advocate under this Act.
xii) to manage and invest the funds of the bar council.
xiii) to provide for the election of its members
xiv) to perform all other functions conferred on it by or under this Act
xv) to do all other things necessary for discharging the aforesaid functions
2) The bar council of India may constitute one or more funds in the prescribed manner for the
purpose of giving financial assistance to organize welfare schemes for indigent, disabled or
other advocates Giving legal aid or advice in accordance with the rules made in this behalf
establishing law libraries
3) 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 funds
constituted under the sub section.

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
According to Section 7 (a) of the Advocate Act, 1961 the Bar Council of India may become a
member of international legal bodies such as the International Bar Association or International
Legal Aid Association, contribute such sums as it thinks fit to Such bodies by way of
subscription or otherwise and authorize expenditure on the participation of its representatives
in any international legal conference seminars.
B) Some of the important functions of Bar Council of India are as under:
I) Admission as advocate:
Section 20 of the Advocate Act provides that every advocate who was entitled as of right to
practice in the Supreme Court immediately before the appointed day and whose name was not
entered in any state roll may, within the prescribed time, express his intention in the prescribed
form to the Bar Council and on receipt thereof, the Bar Council of India shall direct that the
name of each advocate shall, without payment of any fee, be entered in the role of state Bar
Council and the State Bar Council concerned shall comply with such direction.
Section 19 - In this Section of the Advocates Act 1961, requires the State Bar Council to send
copies of rolls of advocate to the Bar Council of India. It provides that every State Bar Council
shall send to the Bar Council of India an authenticated copy of the roll of Advocates prepare
by it for the first time under this Act and shall, thereafter, communicate to the Bar Council of
India all alterations and addition to, such roll as soon as the same have been made.
Section.18 of Advocate Act 1961 makes provision in respect of transfer of name from one
State roll to another. It provides that any person whose name is entered as an advocate on the
role of any State Bar Council for the transfer of his name from the roll of 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 few, be
removed from the roll of the first mentioned State Bar Council and be entered in the roll of the
II) Appointment of committees and Staff members:
Section 9 of the Advocate Act empowers The Bar Council of India to appoint one or more
disciplinary committees, Legal aid committee’s u/s 9-A executive committee u/s 10(2), Legal
Education Committee, etc.
Section 11 of the Advocate Act empowered the Bar Council to appoint a secretary and
accountant and such number of other persons as may deem necessary the secretary and
accountant, if any shall possess such qualification. It is mandatory that the Bar Council shall
have a secretary.
III) Maintenance of Advocates etc –
Section 12 of the Advocate Act requires the Bar Council of India to m maintain such book of
accounts and other books in such form and in such a manner as may be described. The account
shall be audited by the auditor's duly qualified to act as auditors of the companies, at such as
times and in such a manner as maybe prescribed. The Bar Council of India shall send a copy
of its accountants together with the copy of the report of the auditors thereon to the Central
Government and shall cause same to be published in the Gazette of India.

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
IV) Rules making power -The Bar Council of India shall make Rules under the provisions
of Section 15 of the Advocate Act.
Section 15(2) of this Act provides that in particular and without prejudice to the generality of
the foregoing power. Such Rules may provide for the election of the members of the Bar
Council, chairman and Vice-chairman, Election disputes, filling of casual vacancies in the Bar
Council, power and duties of chairman and vice-chairman, constitution of one or more funds,
organizations of legal aid, and meetings conduct of business of any committee, management
and investment of funds of Bar Council.
Section 49 of the Advocate Act confers on the Bar Council of India general power to make
Rules for discharging its functions under this Act.
V) Power to Punish for Professional or other misconduct –
Section 36 of Advocate Act 1961 empowers the Bar Council of India to punish an Advocate
for professional or other misconduct like suspending advocate from practice for such as it may
deem feet and remove the name of the Advocate from the state roll of Advocate. It has power
to dismiss the complaint, reprimand the Advocate.
VI) Appellate Power
Section 37 of the Advocate act empowers the Bar Council of India to hear appeal against the
order of Disciplinary Committee of a Bar Council. Every such appeal shall be heard by the
disciplinary committee of Bar Council of India.
Section 38 provides that any person aggrieved by the order passed by the Disciplinary
Committee of Bar Council of India, maybe challenged within 60 days by way of appeal before
Supreme Court.
VII) Other powers and functions of Bar Council of India –
 To give such financial assistance as it fit to the State Bar Council in need of funds for
the purpose of performing its function.
 To prevent a citizen of any country from practicing profession of law in India when
that country specified by the central government in this behalf, prevents citizen of India
from practicing the profession of law in their country.
 To call for the record of any proceedings from any State Bar Council or Committee
thereof to see legality and proprietary of such proceeding.
 To give its own order of any of its committee accept the disciplinary committee.
 To give direction to the State Bar Council or any other Committee thereof for the
proper and efficient discharge of the functions of the State Bar Council.

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
C. Committees of Bar Councils
COMMITTEES OF BAR COUNCIL OF INDIA
The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council. The
Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal
Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar
Council of India Rules permit the Council to appoint from amongst its members, one or more
committees in addition to those specified in the Act. The Council can delegate powers, duties,
and functions to these committees. The term of the members of the committees of the Council
has been specified in Chapter III of the Bar Council of India Rules. A different term can be
specified at the time of election.
LEGAL EDUCATION COMMITTEE
The Legal Education Committee consists of five members of the Bar Council of India and five
co- opted members to represent the judiciary, the Law Ministry, the University Grants
Commission, and academia. This committee makes recommendations to the Bar Council of
India on all matters pertaining to legal education in the country. The committee elects its own
Chairman.
The Legal Education Committee has the power:
• To make recommendations to the Council for laying down the standards of legal education
for Universities.
• To visit and inspect Universities and report the results to the Council.
• To recommend to the Council the conditions subject to which foreign qualification in law
obtained by persons other than citizens of India may be recognised.
• To recommend to the Council for recognition of any degree in law of any University in the
territory of India.
• To recommend the discontinuance of recognition of any University already made by the
Council.
DISCIPLINARY COMMITTEE
The disciplinary committee of the Bar Council of India hears applications for revision by
persons against summary dismissal of their complaints against advocates for professional
misconduct, by the State Bar Councils. Appeals lie before the Bar Council of India against
orders of the disciplinary committees of the State Bar Councils. Every such appeal is heard by
the disciplinary committee of the Bar Council of India, which may pass an order, including an
order varying the punishment awarded by the disciplinary committee of the State Bar Council.
Each disciplinary committee consists of three members. The term of the members of this
committee is three years.
EXECUTIVE COMMITTEE
The Executive Committee is the executive authority of the Council, and is responsible for
giving effect to the resolutions of the Council. Members of the Executive Committee are

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
elected from amongst the members of the Bar Council of India. The committee elects its
Chairman and Vice-chairman.
The Executive Committee has the power:
• To manage the funds of the Council,
• To invest the funds of the Council in the manner directed by the Council from time to time,
• To grant leave to members of the staff, other than casual leave,
• To prescribe books of account, registers and files for the proper management of the affairs of
the Council,
• To appoint and supervise the work of the members of the staff and prescribe their conditions
of service
• To appoint auditors and fix their remuneration,
• To consider the annual audit report and place it before the Council with its comments for its
consideration,
• To maintain a library and under the directions of the Council, publish any journal, treatise or
pamphlets on legal subjects,
• To prepare and place before the Council, the annual administration report and the statement
of account,
• To provide for proper annual inspection of the office and its registers,
• To authorise the Secretary to incur expenditure within prescribed limits,
• To fix travelling and other allowances to members of the committees of the Council, and to
members of the staff,
• To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,
• To do all other things necessary for discharging the aforesaid functions.
ENROLLMENT COMMITTEE
The duties of the Enrolment Committee shall be:
 to scrutinize enrolment papers filed by candidates and if they are found in order, to
recommend their enrolment.
 to scrutinize and advice the Bar Council regarding any dispute relating to the order of
seniority in the State Roll.
 to advice the secretary in the preparing and maintenance of the roll.
 The Enrolment Committee shall have power to exempt the requirement of one month
notice in exceptional cases.

SFA
Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
D. Right to Legal Aid
State Legal Aid Committee
The Legal Services Authorities Act 1987 has been enacted to constitute the Legal Services
Authorities to provide free and competent legal services to the weaker sections of the Society
to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities, and to organize Lok-Adalat to secure that the operation of the
legal system promotes justice on the basis of equal opportunity.
Section 3 of the Legal Services Act 1987 Provides That the Central Government shall constitute
a Central Authority called the National Legal Services Authority. Further Section 6 of said
Act provides constitution of State Legal Services Authority. Section 7 of the said Act, deals
with Functions of The State Authority.
A) Constitution/Composition of State Legal Services Authority (Section 6)
1) Every State Government shall constitute a body to be called the Legal Services Authority
for the State to exercise the powers and perform the functions conferred on or assigned to, a
State Authority under this Act.
2) A State Authority shall consist of, The Chief Justice of the High Court who shall be the
Patron-in-Chief; a serving or retired Judge of the High Court, to be nominated by the Governor,
in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman;
and such number of other Members, possessing such experience and qualifications, as may be
prescribed by the State Government, to be nominated by that Government in consultation with
the Chief Justice of the High Court.
3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint
a person belonging to the State Higher Judicial Service not lower in rank than that of a District
Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform
such duties under the Executive Chairman of the State Authority as may be prescribed by that
Government or as may be assigned to him by the Executive Chairman of that Authority;

Provided that a person functions as Secretary of a State Legal Aid & Advice Board immediately
before the date of constitution of the State Authority may be appointed as Member-Secretary
of that Authority, even if he is not qualified to be appointed as such under this sub-section, for
a period not exceeding five years.
4) The terms of office and other conditions relating thereto, of Members and the Member-
Secretary of the State Authority shall be such as may be prescribed by the State Government
in consultation with the Chief Justice of the High Court.
5) The State Authority may appoint such number of officers and other employees may be
prescribed by the State Government, in consultation with the Chief Justice of the High Court,
for the efficient discharge of its functions under this Act.
6) The officers and other employees of the State Authority shall be entitled to such salary and
allowances and shall be subject to such other conditions of service as may be prescribed by the
State Government in consultation with the Chief Justice of the High Court.

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
7) The administrative expenses of the State Authority, including the salaries, allowances and
pensions payable to the Member-Secretary, officers and other employees of the State Authority
shall be defrayed out of the Consolidated Fund of the State.
8) All orders and decisions of the State Authority shall be authenticated by the Member-
Secretary or any other officer of the State Authority duly authorized by the Executive Chairman
of the State Authority.
9) No act or proceeding of a State Authority shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of the State Authority.
B) Functions of the State Authority
According to Section 7 of Legal Services Authority Act Functions of the State Authority are
as Follows
1) It shall be the duty of the State Authority to give effect to the policy and directions of the
Central Authority.
2) Without prejudice to the generality of the functions referred to in sub-section (1), the State
Authority shall perform all or any of the following functions, namely –
(a) give legal service to persons who satisfy the criteria laid down under this Act.
(b) conduct Lok Adalat, including Lok Adalat for High Court cases;
(c) undertake preventive and strategic legal aid programmes; and
(d) perform such other functions as the State Authority may, in consultation with the Central
Authority, fix by regulations.
According to Section 8 of the said Act, State Authority to act in co-ordination with other
agencies and be subject to directions given by Central Authority.... In the discharge of its
functions the State Authority shall appropriately act in co-ordination with other governmental
agencies, non-governmental voluntary social service institutions, universities and other bodies
engaged in the work of promoting the cause of legal services to the poor and shall also be
guided by such directions as the Central Authority may give to it in writing.
DISTRICT LEGAL AID COMMITTEE
The Legal Services Authorities Act 1987 provides for the setting up of statutory legal services
authorities at the National, State, and District levels so as to provide effective monitoring of
legal aid programmes. It also provides the composition of such authorities. Section 9
and Section 10 of the Legal Services Authority Act, 1987 deals with Composition and functions
of District Authority. District Authority means a District Legal Services Authority constituted
under Section 9 of the said Act. Composition and Functions of District Legal Services
Authority are as Follows:
Composition of District Legal Services Authority
The State Government shall in consultation with the Chief Justice of the High Court, constitute
a body to be called the District Legal Services Authority for every District in the State to

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
exercise the powers and perform the functions conferred on, or assigned to the District
Authority under this Act.
District Authority shall consist of -
(a) The District Judge who shall be its Chairman; and
(b) such number of other Members, possessing such experience and qualifications as may be
prescribed by the State Government, to be nominated by that Government in consultation with
the Chief Justice of the High Court.
The State Authority shall, in consultation with the Chairman of the District Authority appoint
a person belonging to the State Judicial Service not lower in rank than that of a Subordinate
Judge or Civil Judge posted at the seat of the District Judiciary as Secretary of the District
Authority to exercise such powers and perform such duties under the Chairman of that
Committee as maybe assigned to him by such Chairman.
The terms of office and other conditions relating thereto, of Members and Secretary of the
District Authority shall be such as may be determined by regulations made by the State
Authority in consultation with the Chief Justice of the High Court.
The District Authority may appoint such number of officers and other employees as may be
prescribed by the State Government in consultation with the Chief Justice of the High Court
for the efficient discharge of its functions.
The officers and other employees of the District Authority shall be entitled to such salary and
allowances and shall be subject to such other conditions of service as may be prescribed by the
State Government in consultation with the Chief Justice of the High Court.
The administrative expenses of every District Authority, including the salaries, allowances and
pensions payable to the Secretary, officers and other employees of the District Authority shall
be defrayed out of the Consolidated Fund of the State.
All orders and decisions of the District Authority shall be authenticated by the Secretary or by
any other officer of the District Authority duly authorised by the Chairman of that Authority.
No Act or proceeding of a District Authority shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of, the District Authority.
Functions of District Authority
It shall be the duty of every District Authority to perform such of the functions of the State
Authority in the District as may be delegated to it from time to time by the State Authority.
Without prejudice to the generality of the functions referred to in sub-section (1)
The District Authority may perform all or any of the following functions, namely –
(a) co-ordinate the activities of the Taluk Legal Services Committee and other legal services in
the District;
(b) organise Lok Adalat within the Districts; and (c) perform such other functions as the State
Authority may fix by regulations.

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
Central Legal Aid Committee
The Legal Services Authorities Act, 1987 has been enacted to constitute the Legal Services
Authorities Act to provide free and competent Legal Services to the weaker section of the
society to ensure that opportunities for securing justice are not denied to any citizen by reason
of economic or other disabilities and to organize Lok Adalat to secure that the operation of
the Legal System promotes justice on a basis of equal opportunity.
2) The composition of National Legal Services Authority:
Section 3 of Legal Services Authority Act, 1987 provides that the Central Government shall
constitute a body called the National Legal Services Authority to exercise the powers and
perform the functions conferred on, or assigned to the Central Authority under this Act.
Sub-section 2 of Section 3 provides that the Central Authority shall consist of –
(a) the Chief Justice of India who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in
consultation with the Chief Justice of India, who shall be the Executive Chairman; and
(c) such number of other members, possessing such experience and qualifications, as may be
prescribed by the Central Government, to be nominated by that government in consultation
with the Chief Justice of India.
Rule 3 of the National Services Authority Rules provides that Central Authority shall consist
of not more than 12 members, the following shall be the ex-officio members of Central
Authority.
(i) Secretary, Department of Legal Affairs, Ministry of Law, Justice and Company Affairs,
Government of India or any of his nominees;
(ii) Secretary, Department of Expenditure in the Ministry of Finance, Government of India or
any of his Nominees; and
(iii) Two Chairman of the State Legal Services Authority as may be nominated by the Central
Government in consultation with the chief Justice of India.
Provided that the Patron-in-chief of the central authority may nominate, until the constitution
of the State Authorities under the Act, Chairman of any two of the State legal Aid and Advice
Board or Committees, by whatever name called, existing prior to such constitution.
3) Qualification for Members:
A Person shall not be qualified for nomination as a Member of the Central Authority unless he
is –
1) An eminent person in the field of Law; or
2) A person of repute who is especially interested in the implementation of the Legal Services
Schemes; or an eminent social worker who is engaged in the upliftment of the weaker sections
of the people, including Scheduled Castes, Scheduled Tribes, Women, Children, rural and
urban labour.

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Dr. Syed Ali Nawaz Zaidi
Dept. of Law
AMU
According to Sub-section 3 of Section 3 of the Act, the Central Government shall in
consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of
the Central Authority, possessing such experience and qualifications as may be prescribed by
that Government, to exercise such powers and perform such duties under the Executive
Chairman of the Central Authority as may be prescribed by that Government or as may be
assigned to him by the Executive Chairman of that Authority.
Rule 5 provides that for a person to be a Member- Secretary of the Central Authority, he must
be –
1) an officer of Indian legal service who has held a post, not below the rank of Additional
Secretary to the Government of India.
2) a Member of the State Higher Judicial Service who has held the post of the District Judge at
least 3 years, or
3) an officer of order organised Central Services who has held a post of joint Secretary to the
Government of India equivalent for the minimum period of 3 years. or
4) an officer of the organised State Services who has held a post equivalent to the joint
Secretary to the Government of India for a minimum period of 5 years.
Preference shall be given to the person possessing administrative, and legal experience.
4) Terms of office and other Conditions:
According to Section 3 (4) of the Legal Services Authorities Act, 1987, the terms of office and
other conditions related to the Members and Member-Secretary of the Central Authority shall
be such as may be prescribed by the Central Government in consultation with the Chief Justice
of India.

Recommendation Readings
1. Majumdar: Professional Ethics
2. Sociology of Law: K.L. Sharma

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