CONSTITUTION, FUNCTIONS AND POWERS OF STATE BAR COUNCIL AND BAR

COUNCIL

State Bar Council

Section 3 of the Advocates Act, 1961 states the provision for the constitution of State
bar councils for every state. Number of members of the Bar Council varies from state
to state, depending upon the number of Advocates on the State roll.

1. If the number of Advocates in the state roll is less than 5000 then the number of
Bar Council members are 15.

2. If the number of Advocates are 5000 to 10000 then the number of Bar Council
members are 20.

3. If the number of Advocates are more than 10000 then the number of bar Council
members are 25.

As per Section-3(2), the State Bar council shall consist of the following members: -

1. The Additional Solicitor General of India is an ex-officio member of the State Bar
Council of Delhi.

2. The Advocate General of the state is an ex-official member of any other States.
So long as he / she is holding the office as Advocate General he can act as the
member of the Bar Council.

As per Section-3(3), each State Bar Council elected by the Council should have a
Chairman and Vice – Chairman. Members are elected by the Advocates whose names
are there in the state roll by a single transferrable vote. The members hold office
for a period of 5 years.

The Chairman and Vice Chairman who was holding the Office before commencement
of Advocate Act (Amended) under 1977 shall cease to hold the Office, as soon as the
Chairman and Vice Chairman are elected after commencement of Advocate Act
Amendment Act, 1977.

Functions of The State Bar Council:

Section 6 of Advocates Act, 1961, defines various functions of the state bar councils.

1. Enrolled the qualified persons as Advocates.

2. Prepare the Advocates roll.

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3. Take disciplinary action for professional misconduct.

4. Protect the rights and privileges of the Advocates.

5. Promote the growth of Bar Associates for the purposes of effective

6. To promote and support law reforms

7. To conduct and organize seminars on legal topics, publish journals etc.

8. Organize legal aids to needy and poor.

9. Constitute executive committee, enrolment committee, disciplinary

10. Manage the funds of the Bar Council.

11. Conduct the election for electing the members of the State Bar Council.

12. Establishing law libraries.

13. Visit, inspect and grant recognition to the Law Universities/Colleges.

Powers of The State Bar Council:

1. It is body corporate.

2. It is a legal body having the autonomous status.

3. It has a common seal and perpetual succession.

4. It can do the following things in its own name. Buying and selling properties,
Entering into agreements, Filing cases.

5. It can constitute executive committee etc.

6. It can frame rules and regulations relating to day to day administration.

Bar Council of India

Section 4(1) of the Advocates Act, 1961 states the provision for the constitution of
Bar Council of India for the territories to which this Act extends. The Bar Council of
India shall consist of the following members, namely: -

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1. Attorney General of India-Ex Officio member.
2. Solicitor General of India-Ex officio member.
3. One member elected from members of each State Bar Councils.

As per Section-4(1a), the members of Bar Council of India shall possess qualification
under Section-3(2) to qualify as members i.e. the person having experience of 10
years on state roll which includes period for which he is enrolled under Indian Bar
Council Act, 1926.

As per Section-4(2), the Council shall further elects from its member a Chairman and
Vice Chairman who will serve the term for a period of 2 Years.

The Chairman and Vice Chairman who was holding the Office before commencement
of Advocate Act (Amended) under 1977 shall cease to hold the Office, as soon as the
Chairman and Vice Chairman are elected after commencement of Advocate Act
Amendment Act, 1977.

Functions of The Bar Council of India

Section 7 of Advocates Act, 1961, defines various functions of the Bar Council of
India.

1. Frame the rules relating to the professional ethics.

2. Frame the rules of procedure to be followed by the disciplinary committee of

3. Protect the rights and the privileges of the Advocates.

4. Encourage legal reforms.

5. Lay down the procedure of professional misconduct which is transferred from

6. Decide the appeal against the disciplinary committee of the State Bar Council.

7. Supervise the functions of the State Bar Council.

8. Prescribe the syllabus of the law course in consultation with the State Bar
Councils and the universities.

9. Inspect the universities for the purpose of giving recognition to the law degrees
of the universities.

10. Spend the Funds of the Bar Council of India for the proper purposes.

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11. Conduct elections for the purpose of electing its members.

12. Allow the persons studied abroad to practice in India.

13. Do all other acts which are necessary for the effective implementation of the
above said function

Powers of The Bar Council of India

1. It is a body corporate.

2. It is legal persons having the autonomous status.

3. It has a common seal and perpetual succession.

4. It can do the following things in its own name. Buying and selling properties,
Entering into agreements, Filing cases etc.

5. Transfer the name of the Advocate from one state roll to another state roll on
his application.

6. It can constitute executive committee, disciplinary committee, legal aid

7. To hear and decide appeal, review and revision against the orders of the
disciplinary committee of the State Bar Council.

8. Frame rules relating to day to day administration.

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