THE ADVOCATES ACT, 1961 
__________ 
ARRANGEMENT OF SECTIONS 
_________ 
CHAPTER I  

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

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. 

7A. Membership in international bodies. 

CHAPTER II  

BAR COUNCILS 

8. Term of office of members of State Bar Council. 

8A. Constitution of special Committee in the absence of election.  

9. Disciplinary committees. 

 9A. Constitution of legal aid committees.  

10. Constitution of committees other than disciplinary committees. 

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

10B. Disqualification of members of Bar Council.  

11. Staff of Bar Council. 

12. Accounts and audit. 

13. Vacancies in Bar Council and committees thereof not to invalidate action taken.  

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

15. Power to make rules.  

CHAPTER III 

ADMISSION AND ENROLMENT OF ADVOCATES 

16. Senior and other advocates. 

17. State Bar Councils to maintain roll of advocates. 

18. Transfer of name from one State roll to another. 

19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India. 
20. Special provision for enrolment of certain Supreme Court advocates. 

21. Disputes regarding seniority. 
22. Certificate of enrolment. 

23. Right of pre-audience. 

1 

 
 
 
 
SECTIONS 

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

24A. Disqualification for enrolment. 

25. Authority to whom applications for enrolment may be made. 

26. Disposal of applications for admission as an advocate. 

26A. 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. 

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

CHAPTER IV 

RIGHT TO PRACTISE 

30. Right of advocates to practise. 

31. [Repealed.]. 

32. Power of court to permit appearances in particular cases. 

33. Advocates alone entitled to practise. 

34. Power of High Courts to make rules. 

CHAPTER V 

CONDUCT OF ADVOCATES 

35. Punishment of advocates for misconduct. 

36. Disciplinary powers of Bar Council of India. 

36A. Changes in constitution of disciplinary committees. 

36B. 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. 
42A. Powers of Bar Council of India and other committees. 
43. Cost of proceedings before a disciplinary committees. 
44. Review of orders by disciplinary committee. 

CHAPTER VI 

MISCELLANEOUS 

45. Penalty for persons illegally practising in courts and before other authorities. 
46. [Repealed.]. 
46A. Financial assistance to State Bar Council.  

47. Reciprocity. 

48. Indemnity against legal proceedings. 

48A. Power of revision. 
48AA. Review. 

2 

 
 
 
SECTIONS 

48B. Power to give directions. 

49. General power of the Bar Council of India to make rules. 

49A. Power of Central Government to make rules. 

50. Repeal of certain enactments. 

51. Rule of construction. 

52. Saving. 

CHAPTER VII 

TEMPORARY AND TRANSITIONAL PROVISIONS 

53. Elections to first State Bar Council. 

54. Term of office of members of first State Bar Councils. 

55. Rights of certain existing legal practitioners not affected. 

56. Dissolution of existing Bar Councils. 

57. Power to make rules pending the constitution of a Bar Council. 

58. Special provisions during the transitional period. 

58A. Special provisions with respect to certain advocates. 

58AA. Special provisions in relation to the Union territory of Pondicherry. 

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

58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council. 

58AD. Special provisions with respect to certain persons migrating to India. 

58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu. 

58AF. Special provisions in relation to Jammu and Kashmir. 

58AG. Special provisions in relation to articled clerks. 

58B. Special provision relating to certain disciplinary proceedings. 

59. Removal of difficulties. 

60. Power of Central Government to make rules. 

THE SCHEDULE. 

3 

 
 
 
THE ADVOCATES ACT, 1961 

ACT NO. 25 OF 1961 

An Act to amend and consolidate the law relating to the 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:― 

[19th May, 1961.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.―(1) This Act may be called the Advocates Act, 1961.  
1[(2) It extends to the whole of India.]  
(3) It  2[shall, in relation to the territories other than those referred to in sub-section (4), come into force] 
on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different 
dates3 may be appointed for different provisions of this Act.  

4[(4)  This  Act  shall,  in  relation  to  the  State  of  Jammu  and  Kashmir*5  and  the  Union  territory  of  Goa, 
Daman and Diu, 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.―6[(1)] In this Act, unless the context otherwise requires,― 

1. Subs. by Act 60 of 1973, s. 2, for sub-section (2) (w.e.f. 31-1-1974).   

2. Subs. by s. 2, ibid., for “shall come into force” (w.e.f. 31-1-1974). 

3. The provisions of the Act have been brought into force as under:― 

16th August, 1961, vide notification No. S.O. 1870, dated 7th September, 1961, in respect of Chapter I , II and VII, see Gazette of 

India, Extraordinary, Part II, sec. 3(ii). 

1st December, 1961,  vide  notification No. S.O.  2790, dated 24th November, 1961, in respect of Chapter III and s. 50(2), see 

Gazette of India, Extraordinary, Part II, sec. 3(ii). 

15th December, 1961, vide notification No. S.O. 2919, dated 13th December, 1961, in respect of s. 50(1), see Gazette of India, 

Extraordinary, Part II, sec. 3(ii). 

24th January, 1962,  vide notification No. S.O. 297, dated 24th January 1962, in respect of ss. 51 and 52, see Gazette of India, 

Extraordinary, Part II, sec. 3(ii). 

29th March, 1962, vide notification No. S.O. 958, dated 29th March 1962, in respect of s. 46, see Gazette of India, Extraordinary, 

Part II, sec. (ii). 

4th  January,  1963,  vide  notification  No.  S.O.  50,  dated  4th  January  1963,  in  respect  of  s.  32  and  Chapter  VI  [except  s.  46,                       

sub-sections (1) and (2) of s. 50, ss. 51 and 52], see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

1st  September,  1963,  vide  notification  No.  S.O.  2509,  dated 31st  August,  1963,  in  respect  of  Chapter  V,  see  Gazette  of  India, 

Extraordinary, Part II, sec. 3(ii). 

10th June, 1968, vide notification No. S.O. 63, dated 7th June 1968, in respect of Chapters I, II, III, section 32 of Chapter IV and 

Chapters V, VI, VII and VIII in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

1st  June,  1969,  vide  notification  No.  S.O.  1500,  dated  5th  April,  1969,  in  respect  of  ss.  29,  31,  33  and  34  of  Chapter  IV,  see 

Gazette of India, Extraordinary, Part II, sec. 3(ii). 

1st June, 1979, vide notification No. G.S.R. 84(E), dated 21st February 1979,  except section 30 in respect of the Union territory 

of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, sec. 3(i). 

15th  June,  2011,  vide  notification  No.  S.O.  1349(E),  dated  9th  June,  2011,  in  respect  of  section  30,  see  Gazette  of  India, 

Extraordinary, Part II, sec. 3(i). 

4. Ins. by Act 60 of 1973, s. 2 (w.e.f. 31-1-1974). 

5. 1st August 1986, vide notification No. G.S.R. 946 (E), dated 15th July 1986, except section 30, in respect of the State of Jammu and 

Kashmir. 

6. Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974). 

*.  Vide  notification  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. 

4 

 
                                                           
(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;  
1*  
(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;  
2*  
*  
(g) “High Court”, except in sub-section (1) 3[and sub-section (1A)] 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, 4[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 5[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.  
3[(2) Any reference in this Act to a law which is not in force  6*** in the Union territory of Goa, Daman and Diu, 
shall, in relation to 7*** 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.] 

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,  8[Jammu and Kashmir,]  9[Jharkhand],  10[Madhya 
Pradesh  and  Chhattisgarh],  11***,  12***,  13[Karnataka],  Orissa,  14[Rajasthan,  Telangana  15[Uttar  Pradesh], 
16[Uttaranchal, Meghalya, Manipur and Tripura]], to be known as the Bar Council of that State;  

1. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 15-10-1976). 
2. Clause (f) omitted by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).  
3. Ins. by s. 3, ibid. (w.e.f. 31-1-1974).  
4. Subs. by s. 3, ibid., for “the High Court of Punjab” (w.e.f. 31- 1-1974). 
5. Subs. by Act 107 of 1976, s. 2, for “vakil or attorney” (w.e.f. 15-10-1976). 
6. The words “in the State of Jammu and Kashmir or” omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central 
Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

7.  The  words  “that  State  or”  omitted  by  the  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  vide 
notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) 
Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 
9. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000). 
10. Subs. by Act 28 of 2000, s.24, for “and Madhya Pradesh” (w.e.f. 1-11-2000). 
11. The word “Madras” omitted by Act 26 of 1968, s. 3 and Sch. 4.   
12. The word “Maharashtra” omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1-7-1965). 
13.  Subs.  by  the  Mysore  State  (Alteration  of  Name)  (Adaptation  of  Laws  on  Union  Subjects)  Order,  1974,  for  “Mysore”                       

(w.e.f. 1-11-1973). 

14. Subs. by Act 6 of 2014, s. 34, for “Rajasthan, Uttar Pradesh” (w.e.f. 2-6-2014). 
15. Subs. by Act 29 of 2000, s. 29, for “and Uttar Pradesh” (w.e.f. 9-11-2000). 
16. Subs. by Act 26 of 2012, s. 9, for “and Uttaranchal” (w.e.f. 23-3-2013). 

5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
 
1[(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  2[Lakshadweep] to be known as the Bar Council 

of Kerala;  

3[(cc) for the 4[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar 

Council of Madras;]  

5[(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;]  

6[(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 7[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:― 

(a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; 
8[9[in  the  case  of  the  State  Bar  Councils  of  Assam,  Arunachal  Pradesh,  Mizoram  and  Nagaland,  the  
Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio; 
in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of 
Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of 
the State, ex officio;  

10[(b)  in  the  case  of  a  State  Bar  Council  with  an  electorate  not  exceeding  five  thousand,  fifteen 
members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding 
ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten 
thousand, twenty-five members, elected in accordance with the system of proportional representation by 
means  of  the  single  transferable  vote  from  amongst  advocates  on  the  electoral  roll  of  the  State  Bar 
Council:] 

11[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).] 

1. Subs. by Acts 26 of 2012, s. 9, for clause (b) (w.e.f .23-3-2013). 
2.  Subs.  by  the  Laccadive,  Minicoy  and  Amindivi  Islands  (Alteration  of  Name)  Act,  1973  (34  of  1973),  s.  5,  for  “the  Laccadive, 

Minicoy and Amindivi Islands” (w.e.f. 1-11-1973). 

3. Ins. by Act 26 of 1968, s. 3 and the Sch. 
4.  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). 

5. Subs. by Act 18 of 1987, s. 21, for clause (ccc) (w.e.f. 30-5-1987). 
6. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e.f. 25-1-1971). 
7. Subs. by Act 81 of 1971, s. 34, for “Union territories of Tripura and the Andaman and Nicobar Islands” (w.e.f. 21-1-1972). 
8. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 
9. Subs. by Act 26 of 2012, s. 9, for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the 

Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura” (w.e.f. 23-3-2013). 

10. Subs. by Act 60 of 1973, s. 4, for clause (b) (w.e.f. 31-1-1974).  
11.  Ins. by Act 21 of 1964, s. 2 (w.e.f. 16-5-1964). 

6 

 
                                                           
1[(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in 

such manner as may be prescribed.  

(3A) 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  (38  of  1977),  shall,  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 (38 of 1977), assumes charges of the office.]  

1[(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.]  

2[(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.] 

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;  

3*  

* 

 * 

 *  

*  

(c) one member elected by each State Bar Council from amongst its members.  

4[(1A)  No  person shall  be eligible for  being  elected  as  a  member  of the  Bar  Council  of  India  unless  he 

possesses the qualifications specified in the proviso to sub-section (2) of section 3.]  

5[(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.  

(2A) 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  (38  of  1977),  shall,  on  such 
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: 

Provided  that  such  person  shall  continue  to  carry  on  the  duties  of  his  office  until  the  Chairman  or  the 
Vice-Chairman,  as  the  case  may  be,  of  the  Council,  elected  after  the  commencement  of  the  Advocates 
(Amendment) Act, 1977 (38 of 1977), assumes charge of the office.]  

1.  Subs. by Act 38 of 1977, s. 2, for sub-sections (3) and (3A) (w.e.f. 31-10-1977). 

2. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).   

3. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31-10-1977). 

4. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974). 

5. Subs. by Act 38 of 1977, s. 3, for sub-sections (2) and (2A) (w.e.f. 31-10-1977). 

7 

 
 
 
 
 
 
 
 
 
                                                           
 
1[(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 2[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 be 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;  

3[(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;  

4[(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;  

3[(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.  

5[(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;  

 3[(c) establishing law libraries.] 

1. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16-5-1964). 
2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974). 
3. Ins. by Act 70 of 1993, s. 2 (w.e.f. 26-12-1993). 
4. Ins. by Act 60 of 1973, s. 6 (w.e.f. 31-1-1974). 
5. Subs. by s. 6, ibid., for sub-section (2) (w.e.f. 31-1-1974). 

8 

 
                                                           
 (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.] 

7. Functions of Bar Council of India.― 1[(1)] The functions of the Bar Council of India shall be― 

2* 

 * 

 * 

 * 

 *  

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

 (c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary 

committee of each State Bar Council;  

(d) to safeguard the rights, privileges and interests of advocates;  

(e) to promote and support law reform;  

(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State 

Bar Council;  

(g) to exercise general supervision and control over State Bar Councils;  

(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 enrolment as an advocate 
and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect 
Universities in accordance with such directions as it may give in this behalf];  

4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals 

and papers of legal interest;  

(ib) to organise legal aid to the poor in the prescribed manner;  

(ic)  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.  

4[(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.  
5[(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.] 

1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974). 
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974). 
3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). 
4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974). 
5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). 

9 

 
 
 
 
 
 
 
 
 
                                                           
1[7A.  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.] 

2[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. 

8A. 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  reason  the  Special 
Committee is not in a position to conduct election within the said period of six months, the Bar Council of 
India may, for reasons to be recorded by it in writing, extend the said period.] 

3[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  senior-most  advocate  amongst  the  members  of  a  disciplinary  committee  shall  be  the 
Chairman thereof.  

(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to 
the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964) may dispose of the proceedings 
pending before it as if this section had not been amended by the said Act.] 

1. Ins. by Act 60 of 1973, s. 8 (w.e.f. 31-1-1974). 
2. Subs. by Act 70 of 1993, s. 4, for section 8 (w.e.f. 26-12-1993). 
3. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16-5-1964). 

10 

 
                                                           
1[9A.  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. 

2[10A. Transaction of business by Bar Councils and committees thereof.―3[(1) The Bar Council of 
India  shall  meet  at  New  Delhi  or  at  such  other  place  as  it  may,  for  reasons  to  be  recorded  in  writing, 
determine.  

(2) A State Bar Council shall meet at its headquarters or at such other place as it may, for reasons to be 

recorded in writing, determine.]  

(3) The committees other than disciplinary committees constituted by the Bar Councils shall meet at the 

headquarters of the respective Bar Councils.  

(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe such 

rules of procedure in regard to the transaction of business at their meetings as may be prescribed.  

(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall 
observe  such  rules  of  procedure  in  regard  to  the  transaction  of  business  at  their  meetings  as  may  be 
prescribed.] 

4[5[10B.] Disqualification of members of Bar Council.―An elected member of a Bar Council shall be 
deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been 
absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any 
cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar 
Council of India.] 

1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31-1-1974). 
2. Ins. by s. 10,   ibid. (w.e.f. 31-1-1974). 
3. Subs. by Act 70 of 1993, s. 5, for sub-sections (1) and (2) (w.e.f. 26-12-1993). 
4. Ins. by Act 21 of 1964, s. 6 (w.e.f. 16-5-1964). 
5. Section 10A re-numbered as section 10B of the Act by Act 60 of 1973, s. 10 (w.e.f. 31-1-1974).  

11 

 
                                                           
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.  

1[(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of 
December of the year next following, a State Bar Council shall send a copy of its accounts together with a 
copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published 
in the official Gazette.  

(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 Council 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―  

2[(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;]  

3* 

 * 

 * 

 * 

 *  

4[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;]  

(d)  the  manner  in  which  and  the  authority  by  which  doubts  and  disputes  as  to  the  validity  of  an 
election to the Bar Council 4[or to the office of the Chairman or Vice-Chairman] shall be finally decided;  

5*  

* 

 * 

 * 

 *  

(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;  

1. Subs. by Act 60 of 1973, s. 11, for sub-section (3) (w.e.f. 31-1- 1974). 

2. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31-1-1974). 

3. Clause (b) omitted by s. 12, ibid. (w.e.f. 31-1-1974). 

4. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31-10-1977). 

5. Clause (e) omitted by Act 23 of 1966, s. 3 (w.e.f. 3-9-1966). 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[(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, 2*** 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. 

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,  3[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:  

4[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.] 

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 5[including persons, being citizens 

1. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31-1-1974). 
2. The words “the times and places where such meetings are to be held” omitted by s. 12, ibid. (w.e.f. 31-1-1974). 
3. Subs. by s. 13, ibid., for “experience and standing at the Bar” (w.e.f. 31-1-1974). 
4. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16-5-1964). 
5. Subs. by Act 60 of 1973, s. 14, for “and who, within the prescribed time” (w.e.f. 31-1-1974). 

13 

 
                                                           
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,  1[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;  

2* 

 * 

 * 

 * 

 *  

(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.  

3[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled [whether 
before or after the commencement of the Advocates (Amendment) Act, 1980 (47 of 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. 

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:  

4[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. 

1. Subs. by Act 21 of 1964, s. 9, for “and such seniority shall be determined” (w.e.f. 16-5-1964). 
2. Clause (c) omitted by Act 60 of 1973, s. 14 (w.e.f. 31-1-1974). 
3. Ins. by Act 47 of 1980, s. 2 (29-11-1980). 
4. The proviso added by Act 21 of 1964, s. 10 (w.e.f. 16-5-1964). 

14 

 
 
 
 
 
 
 
 
 
                                                           
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. 

1[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.  

2[(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.] 

3[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-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. 

 4[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General 

of India shall have pre-audience over all other advocates.]  

(4) Subject to the provisions of sub-sections (1),  5[(2), (3) and (3A)], the Advocate-General of any State 
shall  have  pre-audience  over  all  other  advocates,  and  the  right  of  pre-audience  among  Advocates-General 
inter se shall be determined by their respective seniority.  

(5) Subject as aforesaid— 

(i) senior advocates shall have pre-audience over other advocates, and  

1. Subs. by Act 60 of 1973, s. 15, for section 20 (w.e.f. 31-1-1974). 
2. Subs. by s. 16, ibid., for sub-section (2) (w.e.f. 31-1- 1974). 
3. Subs. by s. 17, ibid., for section 22 (w.e.f. 31-1-1974). 
4. Ins. by Act 47 of 1980, s. 3 (w.e.f. 29-11-1980). 
5. Subs. by s. 3, ibid., for “(2) and (3)” (w.e.f. 29-11-1980). 

15 

 
                                                           
(ii)  the  right  of  pre-audience  of  senior  advocates  inter  se  and  other  advocates  inter  se  shall  be 

determined by their respective seniority. 

24. Persons who may be admitted as advocates on a State roll.―(1) Subject to the provisions of this 
Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if 
he fulfils the following conditions, namely:― 

(a) he is a citizen of India:  

Provided that subject to the other provisions contained in this Act, a national of any other country may be 
admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that 
other country;  

(b) he has completed the age of twenty-one years;  

(c) he has obtained a degree in law— 

(i) before the 1[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  

2[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), 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  

(iiia)  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]  

3[(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]  

4[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed 
the  article  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  foreign 
qualification in law as is recognised by the Bar Council of India for the purpose of admission as an 
advocate under this Act];  

6* 

 * 

 * 

 * 

 *  

(e)  he  fulfils  such other  conditions  as  may  be  specified  in the  rules  made  by  the  State  Bar  Council 

under this Chapter;  

7[(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 8[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:]  

1. Subs. by Act 60 of 1973, s. 18, for “28th day of February, 1963” (w.e.f. 31-1-1974). 
2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974). 
3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964). 
4. Subs. by Act 60 of 1973, s. 18, for “he is a barrister” (w.e.f. 31-1-1974). 
5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976). 
6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974). 
7. Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974). 
8. Subs. by Act 70 of 1993, s. 6, for “two hundred and fifty rupees” (w.e.f. 26-12-1993). 

16 

 
 
 
 
 
 
 
 
 
                                                           
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 1[one hundred rupees and to the Bar Council of India, twenty-five 
rupees.]  

2[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),  3[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).  

4[(3) Notwithstanding anything contained in sub-section (1) a person who— 

(a) 5*** 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 6*** 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  

7[(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]  

8* 

 * 

 * 

 * 

 *  

(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 (25 & 26 Geo. 5 C 42); 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), (b), (e) and (f) of sub-section (1).]  

9*  

* 

 * 

 * 

 * 

10[24A.  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);  

1. Subs. by Act 70 of 1993, s. 6, for “one hundred and twenty-five rupees” (w.e.f. 26-12-1993). 
2. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962). 
3. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964). 
4. Ins. by s. 13, ibid. (w.e.f. 16-5-1964). 
5. The words, figures and letter “before the 31st day of March, 1964,” omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968). 
6. The words “then in force” omitted by s. 2, ibid. (w.e.f. 5-6- 1968). 
7. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974). 
8. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974). 
9. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976). 
10. Ins. by Act 60 of 1973, s. 19 (w.e.f. 31-1-1974). 

17 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[(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 2[released 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).] 

25. Authority to whom applications for enrolment may be made.―An application for admission as an 
advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant 
proposes to practise. 

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)  3[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:  

4[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 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.  

3[(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.] 

5[26A.  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. 

1. Ins. by Act 70 of 1993, s. 7 (w.e.f. 26-12-1993). 
2. Subs. by s. 7, ibid., for “release” (w.e.f. 26-12-1993). 
3. Ins. by Act 21 of 1964, s. 14 (w.e.f.16-5-1964). 
4. The proviso added by s. 14, ibid. (w.e.f. 16-5-1964). 
5. Subs. by Act 60 of 1973, s. 20, for section 26A (w.e.f. 31-1-1974). 
18 

 
                                                           
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide 

for— 

1[(a) the time within which and form in which an advocate shall express his intention for the entry of 

his name in the roll of a State Bar Council under section 20;]  

2*  

*  

* 

 *  

* 

 (c) the form in which an application shall be made to the Bar Council for admission as an advocate 
on its roll and the manner in which such application shall be disposed of by the enrolment committee of 
the Bar Council;  

(d) the conditions subject to which a person may be admitted as an advocate on any such roll;  

(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. 

30. Right of advocates to practise.―Subject to the provisions of this Act, every advocate whose name is 
entered in the  3[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. 

31. [Special provision for attorneys.].―Omitted by the Advocates (Amendment) Act, 1976 (107 of 1976),  

s. 7 (w.e.f. 1-1-1977). 

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.  

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.  

4[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable 
as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court 
or in any Court subordinate thereto.]  

1. Subs. by Act 60 of 1973, s. 21, for clause (a) (w.e.f. 31-1-1974). 
2. Clause (b) omitted by s. 21, ibid. (w.e.f. 31-1-1974). 
3. Subs. by s. 22, ibid., for “common roll” (w.e.f. 31-1- 1974). 
4. Ins. by s. 23, ibid. (w.e.f. 31-1-1974).  

19 

 
 
 
 
 
 
 
 
 
                                                           
1[(2)  Without  prejudice  to  the  provisions  contained  in  sub-section  (1),  the  High  Court  at  Calcutta  may 
make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be 
passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State 
roll and any other matter connected therewith.] 

2* 

* 

* 

* 

* 

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.  

3[(1A) The State Bar Council may, either of its own motion or on application made to it by any person 
interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made 
by any other disciplinary committee of that State Bar Council.]  

(2) The disciplinary committee of a State Bar Council 4*** shall fix a date for the hearing of the case and 

shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of the State.  

(3)  The  disciplinary  committee  of  a  State  Bar  Council  after  giving  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.  

5[Explanation.―In  this  section,  3[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.] 

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 6*** whose name is not entered on any State roll 
has  been  guilty  of  professional  or  other  misconduct,  it  shall  refer  the  case  for  disposal  to  its  disciplinary 
committee.  

(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of 
India may, 7[either of its own motion or on a report by any State Bar Council or on an application made to it 

1. Ins. by Act 38 of 1977, s. 6 (w.e.f. 31-10-1977). 
2. Sub-section (3) omitted by Act 107 of 1976, s. 8 (w.e.f. 1-1-1977). 
3. Ins. by Act 60 of 1973, s. 24 (w.e.f. 31-1-1974). 
4. The words “, if it does not summarily reject the complaint,” omitted by s. 24, ibid. (w.e.f. 31-1-1974). 
5. Ins. by Act 21 of 1964, s. 17 (w.e.f. 16-5-1964). 
6. The words “on the common roll” omitted by Act 60 of 1973, s. 25 (w.e.f. 31-1-1974). 
7. Subs. by s. 25, ibid., for “of its own motion” (w.e.f. 31-1- 1974). 

20 

 
 
 
 
 
 
 
 
 
                                                           
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  1[before  the 
disciplinary committee of the Bar Council of India], the State Bar Council concerned shall give effect to any 
such order. 

2[36A. 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. 

36B. 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).] 

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  3[under  section  35]  4[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  4[(including an order varying the punishment awarded by the disciplinary committee of the 
State Bar Council)] thereon as it deems fit:  

4[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.] 

1. Subs. by Act 60 of 1973, s. 25, for “before the Bar Council of India” (w.e.f. 31-1-1974). 
2. Ins. by s. 26, ibid. (w.e.f. 31-1-1974). 
3. Subs. by Act 21 of 1964, s. 18, for “under sub-section (3) of section 35” (w.e.f. 16-5-1964). 
4. Ins. by Act 60 of 1973, s. 27 (w.e.f. 31-1-1974). 

21 

 
                                                           
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 1[or the Attorney-General of India or the 
Advocate-General of the State concerned, as the case may be,] may, within sixty days of the date on which the 
order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such 
order 1[(including an order varying the punishment awarded by the disciplinary committee of the Bar Council 
of India)] thereon as it deems fit:  

1[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the 
Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity 
of being heard.] 

2[39. Application of sections 5 and 12 of Limitation Act, 1963.―The provisions of sections 5 and 12 of 
the Limitation Act, 1963 (36 of 1963), shall, so far as may be, apply to appeals under section 37 and section 
38.] 

40. Stay of order.―3[(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.  

4[(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;  
5* 

 *  

 * 

* 

 *  

and where any order is made removing an advocate from practice, his name shall be struck off the State roll 
6***. 
7* 

*  

* 

* 

* 

(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:  

1. Ins. by Act 60 of 1973, s. 28 (w.e.f. 31-1-1974). 
2. Subs. by s. 29, ibid., for section 39 (w.e.f. 31-1-1974). 
3. Section 40 re-numbered as sub-section (1) of that section by s. 30, ibid. (w.e.f. 31-1-1974). 
4. Ins. by s. 30, ibid. (w.e.f. 31-1-1974). 
5. Clause (b) omitted by s. 31, ibid. (w.e.f. 31-1-1974). 
6. The words “or the common roll, as the case may be” omitted by s. 31, ibid. (w.e.f. 31-1-1974). 
7. Sub-section (2) omitted by s. 31, ibid. (w.e.f. 31-1-1974). 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
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  (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, 18981 (5 of 1898).  

(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.  

2[(4) Notwithstanding the absence of the Chairman or any member of a disciplinary committee on a date 
fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue the 
proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in 
any such proceedings shall be invalid merely by reason of the absence of the Chairman or member thereof on 
any such date:  

Provided that no final orders of the nature referred to in sub- section (3) of section 35 shall be made in any 

proceeding unless the Chairman and other members of the disciplinary committee are present.  

(5) Where no final orders of the nature referred to in sub- section (3) of section 35 can be made in any 
proceedings  in  accordance  with  the  opinion  of  the  Chairman  and  the  members  of  a  disciplinary  committee 
either  for  want  of  majority  opinion  amongst  themselves  or  otherwise,  the  case,  with  their  opinion  thereon, 
shall be laid before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting 
as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council, 
and the said Chairman or the Vice-Chairman of the Bar Council, as the case may be, after such hearing as he 
thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion.]  

3[42A. 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 
commitee of a Bar Council.] 

43.  Cost  of  proceedings  before  a  disciplinary  committees.―  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 4[within sixty days of the date of that order,] passed by it under 
this Chapter:  

1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974), ss. 345(1), 346 and 349. 
2. Ins. by Act 60 of 1973, s. 32 (w.e.f. 31-1-1974). 
3. Ins. by s. 33, ibid. (w.e.f. 31-1-1974). 
4. Ins. by s. 34, ibid. (w.e.f. 31-1-1974). 

23 

 
                                                           
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. 

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 practise 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].―Omitted  by  Act  70  of  1993,  s.  8 

(w.e.f. 26-12-1993). 

1[46A. 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  2[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. 

3[48A.  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. 

4[48AA.  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.] 

48B. 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 foregoing power, give such directions to the 
ex  officio  member  thereof  as  may  appear  to  it  to  be  necessary,  and  such  directions  shall  have  effect, 
notwithstanding anything contained in the rules made by the State Bar Council.] 

1. Ins. by Act 60 of 1973, s. 35 (w.e.f. 31-1-1974). 
2. Ins. by s. 36, ibid. (w.e.f. 31-1-1974). 
3. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964). 
4. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31-1-1974).   

24 

 
                                                           
49. General power of the Bar Council of India to make rules.― 1[(1)] The Bar Council of India may 

make rules for discharging its functions under this Act, and, in particular, such rules may prescribe— 

2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar 
Council including the qualifications or disqualifications of voters, and the manner in which an electoral 
roll of voters may be prepared and revised by a State Bar Council;  

(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;  

(ac) the time within which and the manner in which effect may be given to the proviso to sub-section 

(2) of section 3;  

(ad) the  manner  in  which the  name  of  any  advocate may  be  prevented  from  being  entered  in  more 

than one State roll;  

(ae) the manner in which the seniority among advocates may be determined;  

3[(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;  

4[(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;  

5[(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:]  

4[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:]  

1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974). 
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964). 
3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974). 
4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). 
5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964). 

25 

 
                                                           
1[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been 

approved by the Central Government.  

2[(2)  Notwithstanding  anything  contained  in  the  first  proviso  to  sub-section  (1),  any  rules  made  with 
reference  to  clause  (c)  or  clause  (gg)  of  the  said  sub-section  and  in  force  immediately  before  the 
commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or 
repealed or amended in accordance with the provisions of this Act.] 

3[49A.  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, such rules may provide 

for— 

(a) qualifications for membership of a Bar Council and disqualifications for such membership;  

(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar 
Councils and the manner in which the directions issued or orders made by the Bar Council of India may 
be enforced;  

(c) the class or category of persons entitled to be enrolled as advocates under this Act;  

(d) the category of persons who may be exempted from undergoing a course of training and passing 

an examination prescribed under clause (d) of sub-section (1) of section 24;  

(e) the manner in which seniority among advocates may be determined;  

(f) the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the 

procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;  

(g) any other matter which may be prescribed.  

(3)  Rules  under  this  section  may  be  made  either  for  the  whole  of  India  or  for  all  or  any  of  the  Bar 

Councils.  

(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the 
Central Government under this section, then, the rule under this section, whether made before or after the rule 
made  by  the  Bar  Council,  shall  prevail  and  the  rule  made  by  the  Bar  Council  shall,  to  the  extent  of  the 
repugnancy, be void.  

4[(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.  

1. Subs. by Act 60 of 1973, s. 38, for “Provided that” (w.e.f. 31-1-1974). 
2. Ins. by s. 38, ibid. (w.e.f. 31-1-1974).  
3. Ins. by Act 21 of 1964, s. 21 (w.e.f. 16-5-1964). 
4. Subs. by Act 60 of 1973, s. 39, for sub-section (5) (w.e.f. 31-1- 1974). 

26 

 
                                                           
(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 repealed, namely:― 

(a) sections 4, 5, 10 and 20 of the Legal Practitioners Act, 1879 (18 of 1879), and so much of sections 
8, 9, 19 and 41 of that Act as confer on legal practitioners the right to practise in any court or before any 
authority or person;  

(b) sections 5, 7, 8 and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920);  

(c) section 14 of the Indian Bar Councils Act, 1926 (38 of 1926) and, so much of sections 8 and 15 of 
that Act as confer on legal practitioners the right to practise in any court or before any authority or person; 

(d) the Supreme Court Advocates (Practice in High Courts) Act, 1951 (18 of 1951);  

(e) the provisions of the Letters Patent of any High  Court and of any other law conferring on legal 

practitioners the right to practise in any court or before any authority or person.  

(4) On the date on which Chapter V comes into force, the following shall stand repealed, namely:― 

(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 82 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 enactment 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;  

27 

 
(b) for determining the persons who shall be entitled to 1[act or plead] in that Court.  

CHAPTER VII 

TEMPORARY AND TRANSITIONAL PROVISIONS 

53. Elections to first State Bar Council.―Notwithstanding anything contained in this Act, the elected 
members  of  a  State  Bar  Council,  constituted for the first time  under this  Act,  shall  be  elected  by  and  from 
amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to 
practise in the High Court and are ordinarily practising within the territory for which the Bar Council is to be 
constituted.  

Explanation.―Where  the  territory  for  which  the  Bar  Council  is  to  be  constituted  includes  a  Union 
territory,  the  expression  “High  Court”  shall  include  the  court  of  the  Judicial  Commissioner  of  that  Union 
territory.  

54.  Term  of  office  of  members  of  first  State  Bar  Councils.―Notwithstanding  anything  contained  in 
this Act, the term of office of the  2*** elected members of  3*** a State Bar Council constituted for the first 
time, shall be two years from the date of the first meeting of the Council:  

4[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;  

5*  

* 

 * 

 * 

 *  

6[(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;  

1. Subs. by Act 70 of 1993, s. 9, for “act” (w.e.f. 26-12-1993). 
2. The words “nominated and” omitted by Act 14 of 1962, s. 3 (w.e.f. 30-3-1962). 
3. The words “the Bar Council of India and” omitted by Act 21 of 1964, s. 22 (w.e.f. 16-5-1964). 
4. Ins. by s. 22, ibid. (w.e.f. 16-5-1964). 
5. Clause (b) omitted by Act 107 of 1976, s. 10 (w.e.f. 1-1-1977). 
6. Subs. by Act 21 of 1964, s. 23, for clause (c) (w.e.f. 16-5-1964). 

28 

 
 
 
 
 
 
 
 
 
                                                           
(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. 

1[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 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) 2[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 in so far as they relate to  3[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 4[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. 

5[58A. 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 

1. Ins. by Act 14 of 1962, s. 4 (w.e.f. 30-3-1962). 
2. Subs. by Act 32 of 1962, s. 3, for certain words (retrospectively). 
3. Subs. by Act 21 of 1964, s. 24, for “the issue and renewal” (w.e.f. 16-5-1964). 
4. Ins. by Act 32 of 1962, s. 3 (w.e.f. 30-3-1962). 
5. Ins. by Act 21 of 1964, s. 25 (w.e.f. 16-5-1964). 

29 

 
                                                           
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 that High Court merely by reason of the non-payment of the fee payable to 
the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (1) of section 17, be 
deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar 
Councils Act, 1926 (38 of 1926) and every such person may, on an application being made in this behalf, be 
admitted as an advocate on the State roll of Andhra Pradesh or of 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 
provision 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. 

1[58AA.  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.  

(2)  Notwithstanding  anything  contained  in  this  Act,  every  person  who,  immediately  before  the  date  on 
which  the  provisions  of  Chapter  IV  are  brought  into  force  in  the  Union  territory  of  Pondicherry,  was 
practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue 
of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to 
be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions 
of such law by the Pondicherry (Extension of Laws) Act, 1968 (26 of 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.] 

1. Ins. by Act 26 of 1968, s. 3 and Sch. (w.e.f. 24-5-1968). 

30 

 
                                                           
1[58AB. 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  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.] 

2[58AC.  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).  

58AD.  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. 

58AE.  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, 

1. Ins. by Act 33 of 1968, s. 3 (w.e.f. 5-6-1968). 
2. Ins. by Act 60 of 1973, s. 40 (w.e.f. 31-1-1974). 

31 

 
                                                           
shall, for the purpose of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered 
as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such 
person may, on an application made in this behalf within such time as may be specified by the Bar Council of 
Maharashtra, be admitted as an advocate on the State roll maintained in respect of the said Union territory:  

Provided  that  the  provisions  of  this  sub-section  shall  not  apply  to  any  person  who,  on  the  date  of  the 

application aforesaid, was not a citizen of India.  

(2)  Notwithstanding  anything  contained  in  this  Act,  every  person  who,  immediately  before  the  date  on 
which the provisions of Chapter IV are brought into force in the Union territory of Goa, Daman and Diu, was 
practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue 
of the provisions of any law in force in the said Union territory, or who does not elect to be or is not qualified 
to  be  enrolled  as  an  advocate  under  sub-section  (1),  shall,  notwithstanding  the  repeal  by  this  Act  of  the 
relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue 
office  or  before  any  other  authority  or  person  and  be  subject  to  the  disciplinary  jurisdiction  of  the  same 
authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date 
and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if 
they had not been repealed.  

(3)  On  the  date  on  which  this  Act  or  any  part  thereof  comes  into  force  in  the  Union  territory  of  Goa, 
Daman and Diu, the law in force in that Union territory which corresponds to this Act or such part and which 
does not stand repealed by virtue of the provisions of section 50 of this Act, shall also stand repealed. 

[58AF.  Special  provisions  in  relation  to  Jammu  and  Kashmir].―Omitted  by  the  Jammu  and  Kashmir 
Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-
2020)  and  Vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020, 
notification No. S.O. 3774(E), dated (23-10-2020).] 

1[58AG. 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), 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 examinations 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.] 

58B.  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  

1. Ins. by Act 38 of 1977, s. 7 (w.e.f. 31-10-1977). 

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(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 had not been repealed:  

Provided  further  that  where  the  High  Court  has  referred  back  any  case  for  further  inquiry  under  sub-
section  (4)  of  section  12  of  the  said  Act,  the  proceeding  shall  stand  transferred to  the  State  Bar  Council in 
relation  to  the  High  Court  as  if  it  were  a  proceeding  pending  before  the  corresponding  Bar  Council  under 
clause (c) of sub- section (1) of section 56.  

(3)  If  immediately  before  the  said  date  there  is  any  proceeding  in  respect  of  any  disciplinary  matter 
pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any 
State roll under the Act, such proceeding shall stand transferred to the State Bar Council on the roll of which 
he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder.  

(4) In this section “existing advocate” means a person who was enrolled as an advocate on the roll of any 
High Court under the Indian Bar Councils Act, 1926 (38 of 1926) and who, at the time when any proceeding 
in  respect  of  any  disciplinary  matter  is  initiated  against  him,  is  not  enrolled  as  an  advocate  on  a  State  roll 
under this Act.  

(5) The provisions of this section shall have effect, notwithstanding anything contained in this Act.] 

59.  Removal  of  difficulties.―(1)  If  any  difficulty  arises  in  giving  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.] 

1[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.] 

1. Ins. by Act 32 of 1962, s. 4 (w.e.f. 14-9-1962). 

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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) 

2. The Legal Practitioners (Fees) Act, 1926 (21 of 1926) 

3. The States Reorganisation Act, 1956 (37 of 1956) 

4. The Bombay Reorganisation Act, 1960 (11 of 1960) 

The whole. 

The whole. 

Section 53. 

Section 31. 

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