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
 citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act
in any area which before the said date was comprised within India as defined in the Government of India
Act, 1935 and who at any time] express an intention in the prescribed manner to practise within the
jurisdiction of the Bar Council;
(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this
Act on or after the appointed day.
(2) Each such roll of advocates shall consist of two parts, the first part containing the names of senior
advocates and the second part, the names of other advocates.
(3) Entries in each part of the roll of advocates prepared and maintained by a State Bar Council under this
section shall be in the order of seniority, 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
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
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
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 976),
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