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Chapter 2: The Advocates Act 1961

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CHAPTER II: BAR COUNCILS

Section 3: State Bar Councils

This section details the creation, composition, and structure of the regional Bar Councils.

Sub-section (1): Constitution of State Bar Councils

  • What it says in simple English: The Act legally requires the creation of a separate Bar Council for each State, and sometimes a single Bar Council for a combination of States and Union Territories (e.g., Maharashtra and Goa).
  • Sub-sections (1)(a) through (f) break down the specific regional bodies:
    • (a): Lists major States that get their own Bar Councils (e.g., Andhra Pradesh, Gujarat, Karnataka, etc.).
    • (b): Creates a combined Bar Council for multiple North-Eastern States (e.g., Arunachal Pradesh, Assam, Mizoram, and Nagaland).
    • (c): Creates the Bar Council of Kerala, also covering the Union Territory of Lakshadweep.
    • (cc): Creates the Bar Council of Madras (for Tamil Nadu) and the Union Territory of Pondicherry.
    • (ccc): Creates the Bar Council of Maharashtra and Goa, also covering the Union Territories of Dadra and Nagar Haveli and Daman and Diu.
    • (d): Creates the Bar Council of Punjab and Haryana, also covering the Union Territory of Chandigarh.
    • (dd): Creates the Bar Council of Himachal Pradesh.
    • (e): Creates the Bar Council of West Bengal, also covering the Andaman and Nicobar Islands.
    • (f): Creates the Bar Council of Delhi for the Union Territory of Delhi.
  • Practical Example: Instead of having one national body managing all lawyers, a lawyer in Kolkata deals with the Bar Council of West Bengal for enrollment and local issues, while a lawyer in Mumbai deals with the Bar Council of Maharashtra and Goa.

Sub-section (2): Composition of State Bar Councils

  • What it says in simple English: A State Bar Council has two types of members: automatic members (ex officio) and elected members.
  • Sub-section (2)(a): Ex Officio Members (Automatic)
    • Simplified: The chief law officer of the State (the Advocate-General) is automatically a member of the State Bar Council by virtue of their office. For Delhi, it’s the Additional Solicitor-General of India. If a Council covers multiple States, all their Advocates-General are members.
    • Practical Example: The Advocate-General of Gujarat attends every meeting of the Bar Council of Gujarat because their position automatically grants them membership without needing to be elected.
  • Sub-section (2)(b): Elected Members (Based on Electorate Size)
    • Simplified: The number of elected members depends on the total number of enrolled lawyers (the electorate) in the State:
      • Up to 5,000 voters: 15 elected members.
      • 5,001 to 10,000 voters: 20 elected members.
      • Over 10,000 voters: 25 elected members.
    • The election uses the system of proportional representation by the single transferable vote.
    • Proviso to Sub-section (2)(b): Experience Requirement
      • Simplified: Approximately half of the elected members should be advocates who have been practicing for at least ten years.
    • Practical Example: If the Bar Council of Karnataka has 12,000 enrolled advocates, it is entitled to elect 25 members. In that election, the Bar Council of India’s rules will ensure that roughly 12 or 13 of those elected are experienced lawyers (10+ years at the Bar).

Sub-section (3) and (3A): Chairman and Vice-Chairman

  • What it says in simple English: Each State Bar Council must elect a Chairman and a Vice-Chairman from amongst its members, following rules set by the Council.
  • Practical Example: After the election for members is complete, the 25 elected members of a State Bar Council will hold another internal election to select one of themselves to be the Chairman (the head) and another to be the Vice-Chairman.

Sub-section (4): Disqualification from Voting or Membership

  • What it says in simple English: A lawyer can only vote in an election or be elected as a member if they meet specific qualifications and conditions (like not being in full-time employment) prescribed by the Bar Council of India. The local State Bar Council must prepare and regularly update the list of eligible voters (electoral roll).
  • Practical Example: The Bar Council of India might make a rule that an advocate who is currently working full-time as a legal advisor for a private company cannot vote in the Bar Council elections. If an advocate does not meet the specified conditions, their name would be excluded from the electoral roll.

Section 4: Bar Council of India

This section outlines the structure of the supreme national body that governs the legal profession.

Sub-section (1): Constitution of Bar Council of India

  • What it says in simple English: There will be one national Bar Council (the Bar Council of India) that covers all territories where this Act applies.
  • It consists of the following members:
    • (a): The Attorney-General of India (the Central Government’s chief law officer) is an automatic member (ex officio).
    • (b): The Solicitor-General of India (the second highest law officer) is an automatic member (ex officio).
    • (c): One member is elected from and by each State Bar Council.
  • Practical Example: The Bar Council of India’s governing body is composed of the Attorney-General, the Solicitor-General, and one representative from the Bar Council of West Bengal, one from the Bar Council of Gujarat, one from the Bar Council of Delhi, and so on, creating a central body with representation from every region.

Sub-section (1A): Eligibility for Election

  • What it says in simple English: To be eligible to be elected as a member of the Bar Council of India, a person must meet the same minimum experience qualification as specified for State Bar Council members (i.e., having at least ten years of practice as an advocate).
  • Practical Example: A lawyer with 8 years of practice who is a State Bar Council member cannot be elected by that State Council to represent them at the Bar Council of India; they must meet the 10-year experience requirement.

Sub-section (2) and (2A): Chairman and Vice-Chairman of India

  • What it says in simple English: The members of the Bar Council of India must elect a Chairman and a Vice-Chairman from amongst themselves, following the prescribed rules.
  • Practical Example: The 25 or so elected State representatives, along with the Attorney-General and Solicitor-General, will vote internally to select the national Chairman of the Bar Council of India.

Sub-section (3): Term of Office for Elected Members

  • What it says in simple English: The term of office for a member elected by a State Bar Council to the Bar Council of India depends on their status:
    • (i): If the State Council member holds their local office automatically (ex officio), their term on the Bar Council of India is two years, or until they cease to hold the ex officio State office, whichever comes first.
    • (ii): In all other cases (elected State members), their term lasts for the same period as their membership in the State Bar Council.
    • Proviso: The member will continue in their position until their successor is officially elected.
  • Practical Example: Ms. Sharma, an elected member of the Maharashtra State Bar Council with a 5-year term, is elected to the Bar Council of India. She will serve for 5 years at the national level. If the Advocate-General of Assam (an ex officio State member) is elected to the Bar Council of India, their term is limited to two years, regardless of how long they remain the Advocate-General.

Section 5: Bar Council to be body corporate

This section clarifies the legal status of both the State Bar Councils and the Bar Council of India.

  • What it says in simple English: Every Bar Council (State and India) is a legal entity, like a company or a corporation.
  • Key Attributes of a Legal Entity:
    • Perpetual Succession: It continues to exist forever, even if its members change.
    • Common Seal: It has an official, distinctive stamp for legal documents.
    • Power to Acquire and Hold Property: It can legally own and manage both movable (money, assets) and immovable (land, buildings) property.
    • Power to Contract: It can enter into legally binding agreements.
    • Power to Sue and Be Sued: It can file lawsuits or be sued in its own name.
  • Practical Example: The Bar Council of India can purchase land in New Delhi to build an office, sign a contract to hire auditors, and sue a vendor who breaches an agreement, all in its own name (“The Bar Council of India vs. XYZ Company”). Its existence is independent of the specific people who happen to be its Chairman or members at any given time.

Section 6: Functions of State Bar Councils

This section lists the primary responsibilities and duties of the State Bar Councils (the local regulatory bodies for lawyers).

Sub-section (1): Mandatory Functions

This outlines the essential duties of every State Bar Council.

  • Clause (a): To admit persons as advocates on its roll
    • What it says in simple English: The State Council is responsible for accepting and enrolling new lawyers onto its official list.
    • Practical Example: A law graduate submits their application, law degree, and required fees to the Bar Council of Karnataka. The Council reviews and approves their enrollment.
  • Clause (b): To prepare and maintain such roll
    • What it says in simple English: The Council must create and keep the official, accurate, and up-to-date registry (the “State Roll”) of all lawyers practicing in its jurisdiction.
    • Practical Example: The Bar Council of Delhi updates its list daily to reflect new plinary committee investigates the complaint, holds a hearing, and decides the outcome.
    • Clause (d): To safeguard the rights, privileges and interests of advocates on its roll
      • What it says in simple English: The Council acts as a protector, working to ensure that the professional rights and interests of its enrolled lawyers are maintained and respected.
      • Practical Example: If the local District Court issues an arbitrary rule restricting lawyers’ access to court records, the State Bar Council intervenes to protect the professional privileges of its members.
    • Clause (dd): To promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes
      • What it says in simple English: The Council must encourage the formation and growth of local lawyers’ associations (Bar Associations) so that welfare schemes (like financial aid or insurance) for lawyers can be properly managed and distributed.
      • Practical Example: The State Bar Council holds workshops and provides seed money to local Bar Associations in small towns to help them establish their own cooperative health insurance and welfare funds for local advocates.
    • Clause (e): To promote and support law reform
      • What it says in simple English: The Council should actively advocate for changes and improvements to the laws and the justice system.
      • Practical Example: The Bar Council suggests an amendment to the state’s Civil Procedure Code to streamline the process for filing small claims, making justice quicker for citizens.
    • Clause (ee): To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest
      • What it says in simple English: The Council has a duty to further the education of its members by organizing events featuring respected legal experts and publishing scholarly material.
      • Practical Example: The Council invites a retired Supreme Court Justice to deliver a lecture on constitutional law and publishes a quarterly journal containing articles written by practicing lawyers on recent legal developments.
    • Clause (eee): To organise legal aid to the poor in the prescribed manner
      • What it says in simple English: The Council must establish systems to provide free legal services (legal aid) to people who cannot afford a lawyer, following the rules set for this purpose.
      • Practical Example: The Council sets up a ‘Legal Aid Clinic’ every Saturday where enrolled advocates volunteer their time to offer free consultation and representation to financially needy clients.
    • Clause (f): To manage and invest the funds of the Bar Council
      • What it says in simple English: The Council must responsibly handle and invest the money it receives (from enrollment fees, grants, etc.) to ensure its financial stability and ability to perform its functions.
      • Practical Example: The Executive Committee of the State Bar Council decides to put surplus funds from enrollment fees into a fixed deposit account to earn interest, rather than leaving it idle.
    • Clause (g): To provide for the election of its members
      • What it says in simple English: The Council must organize and conduct regular, fair elections to select its own governing body members, as mandated by the Act.
      • Practical Example: The Council hires an external agency to oversee the voting process and count the ballots to ensure the election of its 25 members is transparent and unbiased.
    • Clause (gg): To visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7
      • What it says in simple English: The State Council is required to visit and check the law departments of universities in its area when directed to do so by the Bar Council of India (BCI). This is to ensure the university meets the BCI’s standards for legal education.
      • Practical Example: The BCI asks the State Bar Council of Uttar Pradesh to inspect a newly opened private law college to verify that its faculty, library, and infrastructure are adequate before its law degree is recognized for advocate enrollment.
    • Clause (h): To perform all other functions conferred on it by or under this Act
      • What it says in simple English: The Council must carry out any other specific duties assigned to it by other sections of the Advocates Act or the rules made under it.
      • Practical Example: Section 18 gives the Council the duty to remove a lawyer’s name from the State Roll when directed by the Bar Council of India for a transfer; the Council must fulfill this specific duty.
    • Clause (i): To do all other things necessary for discharging the aforesaid functions
      • What it says in simple English: This is a broad power allowing the Council to take any reasonable, necessary action to achieve all the functions listed above.
      • Practical Example: To maintain the Roll accurately (Clause b), the Council finds it necessary to digitize all old paper records. This is an implied power under this general clause.

Sub-section (2): Optional Funds

  • What it says in simple English: A State Bar Council has the authority to create one or more special financial accounts or funds for specific welfare and legal aid purposes.
  • Clause (a): Giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates
    • Simplified: Creating funds to help lawyers who are poor, sick, or disabled.
    • Practical Example: The Council establishes the ‘Advocates Benevolent Fund’ to provide one-time financial aid to the family of a deceased lawyer or to a lawyer who is unable to practice due to a long-term illness.
  • Clause (b): Giving legal aid or advice in accordance with the rules made in this behalf
    • Simplified: Setting up funds to cover the costs of running legal aid services for the public.
    • Practical Example: Funds are allocated to the Legal Aid Committee to pay for travel, stationary, and research materials used by the volunteer lawyers serving indigent clients.
  • Clause (c): Establishing law libraries
    • Simplified: Creating funds specifically for setting up or improving lawyers’ libraries.
    • Practical Example: A special Law Library Fund is started, using donations, to purchase modern e-libraries and subscribe to online legal databases for the use of enrolled members.

Sub-section (3): Power to Receive Donations

  • What it says in simple English: The Council can accept money, grants, gifts, or donations for any of the welfare or legal aid funds mentioned in sub-section (2).
  • Practical Example: A senior advocate passes away and leaves a large sum of money in their will to the Bar Council’s Welfare Fund (Clause 2(a)). The Council is legally allowed to accept and credit this donation to the fund.

Section 7: Functions of Bar Council of India

This section lists the duties of the Bar Council of India (BCI), the national-level apex body.

Sub-section (1): Mandatory Functions

  • Clause (b): To lay down standards of professional conduct and etiquette for advocates
    • What it says in simple English: The BCI sets the national rules for how lawyers must behave professionally and ethically.
    • Practical Example: The BCI rules dictate that lawyers must not advertise their services beyond a certain scope, and they must always maintain a respectful demeanor towards the court.
  • Clause (c): To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council
    • What it says in simple English: The BCI sets the step-by-step rules for how misconduct inquiries must be conducted at both the State and national levels.
    • Practical Example: The BCI establishes the protocol for issuing notices, recording evidence, and maintaining records for all disciplinary hearings nationwide, ensuring consistency.
  • Clause (d): To safeguard the rights, privileges and interests of advocates
    • What it says in simple English: Similar to the State Councils, the BCI protects the professional rights of lawyers nationwide.
    • Practical Example: If multiple states impose restrictions on lawyers’ right to speak freely in public debates, the BCI steps in as the national voice to challenge those restrictions.
  • Clause (e): To promote and support law reform
    • What it says in simple English: The BCI suggests changes to improve the law and the justice system at a national level.
    • Practical Example: The BCI submits a detailed proposal to the Parliament for reforming laws related to arbitration and commercial disputes to align them with international best practices.
  • Clause (f): To deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council
    • What it says in simple English: If a State Bar Council cannot resolve a matter (like a complex enrollment dispute or a disciplinary case that takes too long), it can send the file to the BCI for a final decision.
    • Practical Example: The Enrollment Committee of a State Bar Council proposes to refuse an application but is unsure of the legal validity. They send the entire file and their grounds for refusal to the BCI for an official opinion.
  • Clause (g): To exercise general supervision and control over State Bar Councils
    • What it says in simple English: The BCI is the boss of all the State Bar Councils and has the power to supervise and guide their work to ensure they operate correctly.
    • Practical Example: If the BCI notices that a particular State Bar Council is not holding its elections on time, the BCI can issue a strict direction to ensure compliance.
  • Clause (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
    • What it says in simple English: The BCI sets the minimum quality standards for law degrees across the country, working together with universities and State Councils.
    • Practical Example: The BCI mandates that every recognized law course must include a minimum number of clinical legal hours and a specific curriculum for subjects like Intellectual Property Law.
  • Clause (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
    • What it says in simple English: The BCI decides which university law degrees are valid for a person to enroll as an advocate. It can visit and inspect these universities itself, or instruct a State Bar Council to do the inspection.
    • Practical Example: Before a student from a new university can be enrolled as a lawyer, the BCI must formally recognize that university’s law degree. The BCI may send its own team to check the university or ask the local State Bar Council to conduct the inspection on its behalf.
  • Clause (ia): To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest
    • What it says in simple English: The BCI performs the same educational and publication functions as the State Councils, but on a national scale.
    • Practical Example: The BCI organizes a massive annual national conference in Delhi on judicial independence, inviting judges and lawyers from all over the country, and publishes the proceedings.
  • Clause (ib): To organise legal aid to the poor in the prescribed manner
    • What it says in simple English: The BCI oversees the provision of free legal aid nationally.
    • Practical Example: The BCI sets up a national fund and guidelines to support legal aid efforts, ensuring that even inter-state legal aid cases are properly coordinated.
  • Clause (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
    • What it says in simple English: The BCI decides which foreign law degrees are valid for a non-citizen to practice in India, but only if that person’s home country allows Indian lawyers to practice there. This is a matter of give-and-take (reciprocity).
    • Practical Example: The BCI might recognize a U.K. barrister’s qualification only if the U.K. allows Indian advocates to appear in their courts under similar conditions.
  • Clause (j): To manage and invest the funds of the Bar Council
    • What it says in simple English: The BCI must manage its finances and investments responsibly, just like the State Councils.
    • Practical Example: The BCI uses a portion of the national enrollment fee contribution to invest in government bonds to secure the long-term financial health of the national body.
  • Clause (k): To provide for the election of its members
    • What it says in simple English: The BCI must set the rules and procedures for electing its members from the State Bar Councils.
    • Practical Example: The BCI drafts the rules for the election process, including how disputes over the election results will be settled.
  • Clause (1): To perform all other functions conferred on it by or under this Act
    • What it says in simple English: The BCI must carry out any other duties assigned to it by other sections of the Act.
    • Practical Example: Section 18 requires the BCI to approve and direct the transfer of a lawyer’s name from one State Roll to another; this is a specific function it must perform.
  • Clause (m): To do all other things necessary for discharging the aforesaid functions
    • What it says in simple English: The BCI has broad power to take any necessary action to effectively perform all its listed duties.
    • Practical Example: To lay down legal education standards (Clause h), the BCI decides to create a 12-member expert committee to draft the new syllabus. This action is covered by this general power.

Sub-section (2): Optional Funds

  • What it says in simple English: The BCI can create special financial accounts or funds for the same three purposes as the State Councils, but at the national level: welfare, legal aid, and establishing law libraries.
  • Practical Example: The BCI creates the ‘National Advocates Welfare Fund’ to supplement the State-level funds, providing a second layer of financial security for the entire legal fraternity.

Sub-section (3): Power to Receive Donations

  • What it says in simple English: The BCI can accept grants, donations, gifts, or benefactions for any of the welfare or legal aid funds mentioned in sub-section (2).
  • Practical Example: A large international foundation dedicated to human rights makes a grant to the BCI’s legal aid fund (Clause 2(b)) to support pro bono work in rural areas. The BCI is authorized to accept and utilize these funds.

Section 7A: Membership in international bodies

This is a specific, single provision detailing the BCI’s authority in international relations.

  • What it says in simple English: The Bar Council of India has the power to join international organizations for lawyers (like the International Bar Association), pay membership fees or subscriptions to them, and authorize spending for its representatives to attend international legal conferences.
  • Practical Example: The BCI pays the annual subscription fee to become an institutional member of the International Legal Aid Association and sends its Chairman to a global conference in London to represent the Indian Bar.

Section 8: Term of office of members of State Bar Council

This section defines how long an elected member can serve on a State Bar Council.

  • What it says in simple English: An elected member of a State Bar Council normally serves a term of five years from the date the election results are published.
  • Proviso: The Proviso is an exception: If the State Bar Council fails to conduct its elections before the end of the five-year term, the Bar Council of India can grant an extension of the term, but only for a maximum of six months, and only after providing written reasons.
  • Practical Example: The election for the Bar Council of Gujarat is due on January 1, 2025. Due to unforeseen circumstances like a natural disaster, the Council is unable to hold the election on time. The Bar Council of India can extend the current members’ terms until June 30, 2025, to allow time for the election, but not beyond that.

Section 8A: Constitution of Special Committee in the absence of election

This section details what happens if the State Bar Council fails to hold elections even after the maximum extension under the proviso to Section 8.

Sub-section (1): Constitution of Special Committee

  • What it says in simple English: If a State Bar Council fails to hold elections within the five-year term or the six-month extended period, the Bar Council of India must immediately form a temporary “Special Committee” to take over its functions.
  • The Special Committee consists of:
    • (i) The Ex Officio Member as Chairman: The Advocate-General of the State (or the senior-most Advocate-General if there are multiple) automatically becomes the Chairman of this temporary committee.
    • (ii) Two Nominated Members: Two other advocates from the State’s electoral roll are nominated by the Bar Council of India.
  • Practical Example: If the Bar Council of Assam fails to hold elections by the extended deadline, the Bar Council of India appoints the Advocate-General of Assam as the temporary Chairman and nominates two senior Guwahati-based lawyers to the Special Committee to run the Council.

Sub-section (2): Vesting of Properties and Liabilities

  • What it says in simple English: Once the Special Committee is formed, it temporarily takes control of everything belonging to the old Bar Council until a new one is elected.
  • Clause (a): All assets and property (money, buildings) legally belong to the Special Committee.
  • Clause (b): All legal rights, debts, and obligations (like contracts or outstanding bills) of the old Council become the responsibility of the Special Committee.
  • Clause (c): All pending disciplinary cases and other ongoing proceedings are immediately moved to the Special Committee for resolution.
  • Practical Example: The Special Committee takes charge of the State Bar Council’s office building (property), pays its outstanding bills (liabilities), and takes over the hearing of an ongoing lawyer misconduct case that was pending before the old Council’s disciplinary committee.

Sub-section (3): Duty to Hold Elections

  • What it says in simple English: The Special Committee’s primary job is to hold elections for a new, permanent State Bar Council within six months of its formation, following instructions from the Bar Council of India. If they can’t do it in six months, the Bar Council of India can grant another extension, but they must record the reasons for the delay.
  • Practical Example: The Special Committee, following the BCI’s directions, immediately begins revising the electoral roll and scheduling voting dates, with the goal of dissolving itself and handing power to the newly elected Council within half a year.

Section 9: Disciplinary committees

This section details the creation and composition of the committees responsible for handling complaints against lawyers.

Sub-section (1): Constitution and Composition

  • What it says in simple English: Every Bar Council (State and India) must set up one or more Disciplinary Committees.
  • Each committee must consist of three people:
    • Two elected members of the Council itself.
    • One non-member who is a lawyer meeting the 10-year experience requirement (specified in Section 3, Sub-section 2, Proviso) and is “co-opted” (chosen) by the Council.
  • The senior-most lawyer among these three members automatically becomes the Chairman of the committee.
  • Practical Example: The State Bar Council of Tamil Nadu forms a Disciplinary Committee. It selects two elected members, Mr. A and Ms. B, and invites a highly respected, non-elected senior counsel, Mr. C (who has 25 years of practice), to join. Mr. C, being the senior-most, presides as the Chairman.

Sub-section (2): Transitional Provision

  • What it says in simple English: This clause provides that any Disciplinary Committee formed before the 1964 amendment to this Act could continue and finish any cases already pending before it, even if the composition rules had slightly changed.
  • Practical Example: If a Disciplinary Committee in 1963 was already hearing a misconduct case, it was allowed to conclude that case using the old rules and without restructuring, thus avoiding unnecessary delays in the proceedings.

Section 6: Functions of State Bar Councils

This section lists the primary responsibilities and duties of the State Bar Councils (the local regulatory bodies for lawyers).

Sub-section (1): Mandatory Functions

This outlines the essential duties of every State Bar Council.

  • Clause (a): To admit persons as advocates on its roll
    • What it says in simple English: The State Council is responsible for accepting and enrolling new lawyers onto its official list.
    • Practical Example: A law graduate submits their application, law degree, and required fees to the Bar Council of Karnataka. The Council reviews and approves their enrollment.
  • Clause (b): To prepare and maintain such roll
    • What it says in simple English: The Council must create and keep the official, accurate, and up-to-date registry (the “State Roll”) of all lawyers practicing in its jurisdiction.
    • Practical Example: The Bar Council of Delhi updates its list daily to reflect new enrollments, transfers from other states, deaths, or removals due to misconduct.
  • Clause (c): To entertain and determine cases of misconduct against advocates on its roll
    • What it says in simple English: The Council must receive complaints about a lawyer’s unprofessional or unethical behavior and hold hearings to decide if the lawyer is guilty and what punishment should be given.
    • Practical Example: A client complains that their lawyer misappropriated funds. The State Bar Council’s disciplinary committee investigates the complaint, holds a hearing, and decides the outcome.
  • Clause (d): To safeguard the rights, privileges and interests of advocates on its roll
    • What it says in simple English: The Council acts as a protector, working to ensure that the professional rights and interests of its enrolled lawyers are maintained and respected.
    • Practical Example: If the local District Court issues an arbitrary rule restricting lawyers’ access to court records, the State Bar Council intervenes to protect the professional privileges of its members.
  • Clause (dd): To promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes
    • What it says in simple English: The Council must encourage the formation and growth of local lawyers’ associations (Bar Associations) so that welfare schemes (like financial aid or insurance) for lawyers can be properly managed and distributed.
    • Practical Example: The State Bar Council holds workshops and provides seed money to local Bar Associations in small towns to help them establish their own cooperative health insurance and welfare funds for local advocates.
  • Clause (e): To promote and support law reform
    • What it says in simple English: The Council should actively advocate for changes and improvements to the laws and the justice system.
    • Practical Example: The Bar Council suggests an amendment to the state’s Civil Procedure Code to streamline the process for filing small claims, making justice quicker for citizens.
  • Clause (ee): To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest
    • What it says in simple English: The Council has a duty to further the education of its members by organizing events featuring respected legal experts and publishing scholarly material.
    • Practical Example: The Council invites a retired Supreme Court Justice to deliver a lecture on constitutional law and publishes a quarterly journal containing articles written by practicing lawyers on recent legal developments.
  • Clause (eee): To organise legal aid to the poor in the prescribed manner
    • What it says in simple English: The Council must establish systems to provide free legal services (legal aid) to people who cannot afford a lawyer, following the rules set for this purpose.
    • Practical Example: The Council sets up a ‘Legal Aid Clinic’ every Saturday where enrolled advocates volunteer their time to offer free consultation and representation to financially needy clients.
  • Clause (f): To manage and invest the funds of the Bar Council
    • What it says in simple English: The Council must responsibly handle and invest the money it receives (from enrollment fees, grants, etc.) to ensure its financial stability and ability to perform its functions.
    • Practical Example: The Executive Committee of the State Bar Council decides to put surplus funds from enrollment fees into a fixed deposit account to earn interest, rather than leaving it idle.
  • Clause (g): To provide for the election of its members
    • What it says in simple English: The Council must organize and conduct regular, fair elections to select its own governing body members, as mandated by the Act.
    • Practical Example: The Council hires an external agency to oversee the voting process and count the ballots to ensure the election of its 25 members is transparent and unbiased.
  • Clause (gg): To visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7
    • What it says in simple English: The State Council is required to visit and check the law departments of universities in its area when directed to do so by the Bar Council of India (BCI). This is to ensure the university meets the BCI’s standards for legal education.
    • Practical Example: The BCI asks the State Bar Council of Uttar Pradesh to inspect a newly opened private law college to verify that its faculty, library, and infrastructure are adequate before its law degree is recognized for advocate enrollment.
  • Clause (h): To perform all other functions conferred on it by or under this Act
    • What it says in simple English: The Council must carry out any other specific duties assigned to it by other sections of the Advocates Act or the rules made under it.
    • Practical Example: Section 18 gives the Council the duty to remove a lawyer’s name from the State Roll when directed by the Bar Council of India for a transfer; the Council must fulfill this specific duty.
  • Clause (i): To do all other things necessary for discharging the aforesaid functions
    • What it says in simple English: This is a broad power allowing the Council to take any reasonable, necessary action to achieve all the functions listed above.
    • Practical Example: To maintain the Roll accurately (Clause b), the Council finds it necessary to digitize all old paper records. This is an implied power under this general clause.

Sub-section (2): Optional Funds

  • What it says in simple English: A State Bar Council has the authority to create one or more special financial accounts or funds for specific welfare and legal aid purposes.
  • Clause (a): Giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates
    • Simplified: Creating funds to help lawyers who are poor, sick, or disabled.
    • Practical Example: The Council establishes the ‘Advocates Benevolent Fund’ to provide one-time financial aid to the family of a deceased lawyer or to a lawyer who is unable to practice due to a long-term illness.
  • Clause (b): Giving legal aid or advice in accordance with the rules made in this behalf
    • Simplified: Setting up funds to cover the costs of running legal aid services for the public.
    • Practical Example: Funds are allocated to the Legal Aid Committee to pay for travel, stationary, and research materials used by the volunteer lawyers serving indigent clients.
  • Clause (c): Establishing law libraries
    • Simplified: Creating funds specifically for setting up or improving lawyers’ libraries.
    • Practical Example: A special Law Library Fund is started, using donations, to purchase modern e-libraries and subscribe to online legal databases for the use of enrolled members.

Sub-section (3): Power to Receive Donations

  • What it says in simple English: The Council can accept money, grants, gifts, or donations for any of the welfare or legal aid funds mentioned in sub-section (2).
  • Practical Example: A senior advocate passes away and leaves a large sum of money in their will to the Bar Council’s Welfare Fund (Clause 2(a)). The Council is legally allowed to accept and credit this donation to the fund.

Section 7: Functions of Bar Council of India

This section lists the duties of the Bar Council of India (BCI), the national-level apex body.

Sub-section (1): Mandatory Functions

  • Clause (b): To lay down standards of professional conduct and etiquette for advocates
    • What it says in simple English: The BCI sets the national rules for how lawyers must behave professionally and ethically.
    • Practical Example: The BCI rules dictate that lawyers must not advertise their services beyond a certain scope, and they must always maintain a respectful demeanor towards the court.
  • Clause (c): To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council
    • What it says in simple English: The BCI sets the step-by-step rules for how misconduct inquiries must be conducted at both the State and national levels.
    • Practical Example: The BCI establishes the protocol for issuing notices, recording evidence, and maintaining records for all disciplinary hearings nationwide, ensuring consistency.
  • Clause (d): To safeguard the rights, privileges and interests of advocates
    • What it says in simple English: Similar to the State Councils, the BCI protects the professional rights of lawyers nationwide.
    • Practical Example: If multiple states impose restrictions on lawyers’ right to speak freely in public debates, the BCI steps in as the national voice to challenge those restrictions.
  • Clause (e): To promote and support law reform
    • What it says in simple English: The BCI suggests changes to improve the law and the justice system at a national level.
    • Practical Example: The BCI submits a detailed proposal to the Parliament for reforming laws related to arbitration and commercial disputes to align them with international best practices.
  • Clause (f): To deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council
    • What it says in simple English: If a State Bar Council cannot resolve a matter (like a complex enrollment dispute or a disciplinary case that takes too long), it can send the file to the BCI for a final decision.
    • Practical Example: The Enrollment Committee of a State Bar Council proposes to refuse an application but is unsure of the legal validity. They send the entire file and their grounds for refusal to the BCI for an official opinion.
  • Clause (g): To exercise general supervision and control over State Bar Councils
    • What it says in simple English: The BCI is the boss of all the State Bar Councils and has the power to supervise and guide their work to ensure they operate correctly.
    • Practical Example: If the BCI notices that a particular State Bar Council is not holding its elections on time, the BCI can issue a strict direction to ensure compliance.
  • Clause (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
    • What it says in simple English: The BCI sets the minimum quality standards for law degrees across the country, working together with universities and State Councils.
    • Practical Example: The BCI mandates that every recognized law course must include a minimum number of clinical legal hours and a specific curriculum for subjects like Intellectual Property Law.
  • Clause (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
    • What it says in simple English: The BCI decides which university law degrees are valid for a person to enroll as an advocate. It can visit and inspect these universities itself, or instruct a State Bar Council to do the inspection.
    • Practical Example: Before a student from a new university can be enrolled as a lawyer, the BCI must formally recognize that university’s law degree. The BCI may send its own team to check the university or ask the local State Bar Council to conduct the inspection on its behalf.
  • Clause (ia): To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest
    • What it says in simple English: The BCI performs the same educational and publication functions as the State Councils, but on a national scale.
    • Practical Example: The BCI organizes a massive annual national conference in Delhi on judicial independence, inviting judges and lawyers from all over the country, and publishes the proceedings.
  • Clause (ib): To organise legal aid to the poor in the prescribed manner
    • What it says in simple English: The BCI oversees the provision of free legal aid nationally.
    • Practical Example: The BCI sets up a national fund and guidelines to support legal aid efforts, ensuring that even inter-state legal aid cases are properly coordinated.
  • Clause (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
    • What it says in simple English: The BCI decides which foreign law degrees are valid for a non-citizen to practice in India, but only if that person’s home country allows Indian lawyers to practice there. This is a matter of give-and-take (reciprocity).
    • Practical Example: The BCI might recognize a U.K. barrister’s qualification only if the U.K. allows Indian advocates to appear in their courts under similar conditions.
  • Clause (j): To manage and invest the funds of the Bar Council
    • What it says in simple English: The BCI must manage its finances and investments responsibly, just like the State Councils.
    • Practical Example: The BCI uses a portion of the national enrollment fee contribution to invest in government bonds to secure the long-term financial health of the national body.
  • Clause (k): To provide for the election of its members
    • What it says in simple English: The BCI must set the rules and procedures for electing its members from the State Bar Councils.
    • Practical Example: The BCI drafts the rules for the election process, including how disputes over the election results will be settled.
  • Clause (1): To perform all other functions conferred on it by or under this Act
    • What it says in simple English: The BCI must carry out any other duties assigned to it by other sections of the Act.
    • Practical Example: Section 18 requires the BCI to approve and direct the transfer of a lawyer’s name from one State Roll to another; this is a specific function it must perform.
  • Clause (m): To do all other things necessary for discharging the aforesaid functions
    • What it says in simple English: The BCI has broad power to take any necessary action to effectively perform all its listed duties.
    • Practical Example: To lay down legal education standards (Clause h), the BCI decides to create a 12-member expert committee to draft the new syllabus. This action is covered by this general power.

Sub-section (2): Optional Funds

  • What it says in simple English: The BCI can create special financial accounts or funds for the same three purposes as the State Councils, but at the national level: welfare, legal aid, and establishing law libraries.
  • Practical Example: The BCI creates the ‘National Advocates Welfare Fund’ to supplement the State-level funds, providing a second layer of financial security for the entire legal fraternity.

Sub-section (3): Power to Receive Donations

  • What it says in simple English: The BCI can accept grants, donations, gifts, or benefactions for any of the welfare or legal aid funds mentioned in sub-section (2).
  • Practical Example: A large international foundation dedicated to human rights makes a grant to the BCI’s legal aid fund (Clause 2(b)) to support pro bono work in rural areas. The BCI is authorized to accept and utilize these funds.

Section 7A: Membership in international bodies

This is a specific, single provision detailing the BCI’s authority in international relations.

  • What it says in simple English: The Bar Council of India has the power to join international organizations for lawyers (like the International Bar Association), pay membership fees or subscriptions to them, and authorize spending for its representatives to attend international legal conferences.
  • Practical Example: The BCI pays the annual subscription fee to become an institutional member of the International Legal Aid Association and sends its Chairman to a global conference in London to represent the Indian Bar.

Section 8: Term of office of members of State Bar Council

This section defines how long an elected member can serve on a State Bar Council.

  • What it says in simple English: An elected member of a State Bar Council normally serves a term of five years from the date the election results are published.
  • Proviso: The Proviso is an exception: If the State Bar Council fails to conduct its elections before the end of the five-year term, the Bar Council of India can grant an extension of the term, but only for a maximum of six months, and only after providing written reasons.
  • Practical Example: The election for the Bar Council of Gujarat is due on January 1, 2025. Due to unforeseen circumstances like a natural disaster, the Council is unable to hold the election on time. The Bar Council of India can extend the current members’ terms until June 30, 2025, to allow time for the election, but not beyond that.

Section 8A: Constitution of Special Committee in the absence of election

This section details what happens if the State Bar Council fails to hold elections even after the maximum extension under the proviso to Section 8.

Sub-section (1): Constitution of Special Committee

  • What it says in simple English: If a State Bar Council fails to hold elections within the five-year term or the six-month extended period, the Bar Council of India must immediately form a temporary “Special Committee” to take over its functions.
  • The Special Committee consists of:
    • (i) The Ex Officio Member as Chairman: The Advocate-General of the State (or the senior-most Advocate-General if there are multiple) automatically becomes the Chairman of this temporary committee.
    • (ii) Two Nominated Members: Two other advocates from the State’s electoral roll are nominated by the Bar Council of India.
  • Practical Example: If the Bar Council of Assam fails to hold elections by the extended deadline, the Bar Council of India appoints the Advocate-General of Assam as the temporary Chairman and nominates two senior Guwahati-based lawyers to the Special Committee to run the Council.

Sub-section (2): Vesting of Properties and Liabilities

  • What it says in simple English: Once the Special Committee is formed, it temporarily takes control of everything belonging to the old Bar Council until a new one is elected.
  • Clause (a): All assets and property (money, buildings) legally belong to the Special Committee.
  • Clause (b): All legal rights, debts, and obligations (like contracts or outstanding bills) of the old Council become the responsibility of the Special Committee.
  • Clause (c): All pending disciplinary cases and other ongoing proceedings are immediately moved to the Special Committee for resolution.
  • Practical Example: The Special Committee takes charge of the State Bar Council’s office building (property), pays its outstanding bills (liabilities), and takes over the hearing of an ongoing lawyer misconduct case that was pending before the old Council’s disciplinary committee.

Sub-section (3): Duty to Hold Elections

  • What it says in simple English: The Special Committee’s primary job is to hold elections for a new, permanent State Bar Council within six months of its formation, following instructions from the Bar Council of India. If they can’t do it in six months, the Bar Council of India can grant another extension, but they must record the reasons for the delay.
  • Practical Example: The Special Committee, following the BCI’s directions, immediately begins revising the electoral roll and scheduling voting dates, with the goal of dissolving itself and handing power to the newly elected Council within half a year.

Section 9: Disciplinary committees

This section details the creation and composition of the committees responsible for handling complaints against lawyers.

Sub-section (1): Constitution and Composition

  • What it says in simple English: Every Bar Council (State and India) must set up one or more Disciplinary Committees.
  • Each committee must consist of three people:
    • Two elected members of the Council itself.
    • One non-member who is a lawyer meeting the 10-year experience requirement (specified in Section 3, Sub-section 2, Proviso) and is “co-opted” (chosen) by the Council.
  • The senior-most lawyer among these three members automatically becomes the Chairman of the committee.
  • Practical Example: The State Bar Council of Tamil Nadu forms a Disciplinary Committee. It selects two elected members, Mr. A and Ms. B, and invites a highly respected, non-elected senior counsel, Mr. C (who has 25 years of practice), to join. Mr. C, being the senior-most, presides as the Chairman.

Sub-section (2): Transitional Provision

  • What it says in simple English: This clause provides that any Disciplinary Committee formed before the 1964 amendment to this Act could continue and finish any cases already pending before it, even if the composition rules had slightly changed.
  • Practical Example: If a Disciplinary Committee in 1963 was already hearing a misconduct case, it was allowed to conclude that case using the old rules and without restructuring, thus avoiding unnecessary delays in the proceedings.enrollments, transfers from other states, deaths, or removals due to misconduct.
  • Clause (c): To entertain and determine cases of misconduct against advocates on its roll
    • What it says in simple English: The Council must receive complaints about a lawyer’s unprofessional or unethical behavior and hold hearings to decide if the lawyer is guilty and what punishment should be given.
    • Practical Example: A client complains that their lawyer misappropriated funds. The State Bar Council’s disci

Section 16: Senior and other advocates

This section establishes the two distinct categories of lawyers in India.

Sub-section (1): Classes of Advocates

  • What it says in simple English: There are two official ranks (classes) of lawyers: Senior Advocates and Other Advocates (often called general advocates).
  • Practical Example: When a young lawyer first enrolls, they become an “Other Advocate.” Years later, they may be designated a “Senior Advocate” based on merit, which signifies a higher professional rank.

Sub-section (2): Designation as Senior Advocate

  • What it says in simple English: A lawyer can be named a Senior Advocate only with their permission (consent), if the Supreme Court or a High Court believes they deserve this honor because of their exceptional ability, high professional standing at the Bar, or specialized knowledge or experience in law.
  • Practical Example: A High Court reviews Mr. Varma’s 30-year career, noting his deep expertise in tax law and numerous successful high-profile cases. The court recommends his name for senior designation, and if Mr. Varma agrees, he is formally designated.

Sub-section (3): Restrictions on Senior Advocates

  • What it says in simple English: Senior Advocates must follow certain restrictions regarding how they practice law, which are set by the Bar Council of India (BCI) for the benefit of the legal profession.
  • Practical Example: BCI rules mandate that a Senior Advocate cannot directly deal with a client’s paperwork or draft documents; they must work through an “Other Advocate” (like a junior or instructing counsel), focusing only on arguments and strategy.

Sub-section (4): Supreme Court Senior Advocates (Transitional Provision)

  • What it says in simple English: Any lawyer who was already a Senior Advocate of the Supreme Court immediately before the Advocates Act came into force is automatically considered a Senior Advocate under this new Act.
  • Proviso: If such an advocate did not want to continue as a Senior Advocate, they had to apply to the State Bar Council (where their name was enrolled) before December 31, 1965, to reverse the designation, and the roll would be changed accordingly.
  • Practical Example: Justice Iyer, who was designated as a Senior Advocate in 1955 under the old rules, automatically retained that title after 1961. If he felt the new restrictions were too much, he had a small window (until the end of 1965) to give up the title and practice as a general advocate.

Section 17: State Bar Councils to maintain roll of advocates

This section mandates the official, state-level record-keeping system for lawyers.

Sub-section (1): What the State Roll Contains

  • What it says in simple English: Every State Bar Council must create and maintain an official list (“roll”) of advocates. This list must include the names and addresses of two groups of people:
  • Clause (a): Pre-1961 Advocates (Transitional)
    • Simplified: All persons who were already advocates on any High Court’s roll under the previous law (the Indian Bar Councils Act, 1926) before the Advocates Act, 1961, came into force, including Indian citizens enrolled before August 15, 1947, in areas defined as India at that time, must have their names entered, provided they express their intention to practice within that State’s jurisdiction in the prescribed manner.
    • Practical Example: An advocate who was enrolled in the Madras High Court in 1958 must send a formal letter to the Bar Council of Tamil Nadu expressing their intent to practice there so their name is transferred to the new State Roll.
  • Clause (b): Post-1961 Advocates
    • Simplified: All other persons who are enrolled as new advocates on or after the date the Act came into effect.
    • Practical Example: A new law graduate enrolled in 2024 is added to the roll under this clause.

Sub-section (2): The Two Parts of the Roll

  • What it says in simple English: The State Roll must be physically or digitally divided into two separate sections: the first part listing Senior Advocates, and the second part listing Other Advocates.
  • Practical Example: When the Bar Council publishes its annual directory, the first 100 pages might list all the Senior Advocates, followed by the complete list of all other advocates.

Sub-section (3): Determining Seniority

  • What it says in simple English: The names in each part of the roll must be arranged according to seniority, and the seniority date is determined by rules made by the BCI and these clauses:
  • Clause (a): Seniority of Pre-1961 Advocates
    • Simplified: Their seniority date is determined by the original date they were first enrolled under the old Indian Bar Councils Act, 1926.
    • Practical Example: An advocate enrolled on January 10, 1950, is senior to an advocate enrolled on February 1, 1950, even if both were transferred to the new State Roll on the same day in 1961.
  • Clause (b): Seniority of Supreme Court Senior Advocates (Transitional)
    • Simplified: The seniority of an advocate who was automatically designated a Senior Advocate of the Supreme Court is determined based on specific rules provided by the Bar Council of India.
    • Practical Example: The BCI may prescribe that all such Supreme Court Senior Advocates retain their seniority as of their original date of designation, or a fixed earlier date, to ensure they hold the highest rank.
  • Clause (d): Seniority of All Other Advocates
    • Simplified: For every other person (newly designated Senior Advocates or newly admitted general advocates), their seniority is determined by the date of their actual enrolment or designation.
    • Practical Example: A law graduate whose enrollment certificate is issued on June 5, 2024, is senior to a classmate whose certificate is issued on June 6, 2024.
  • Clause (e): Seniority of Attorneys (Special Case)
    • Simplified: Despite the other rules, if a legal professional who was an ‘attorney’ is enrolled as an advocate, their seniority is based on the date they were originally enrolled as an attorney.
    • Practical Example: An attorney enrolled in 1975 who enrolls as an advocate in 1985 will have a seniority date of 1975, making them senior to a law graduate enrolled in 1980.

Sub-section (4): Restriction on Dual Enrolment

  • What it says in simple English: A person cannot be enrolled as an advocate on the roll of more than one State Bar Council at the same time.
  • Practical Example: A lawyer enrolled with the Bar Council of Gujarat cannot simultaneously be enrolled with the Bar Council of Maharashtra. If they move, they must formally transfer their name (Section 18).

Section 18: Transfer of name from one State roll to another

This section establishes the procedure for an advocate to legally change their practicing jurisdiction.

Sub-section (1): The Transfer Process

  • What it says in simple English: A lawyer who is enrolled on one State Roll can apply to the Bar Council of India (BCI) to have their name moved to another State Roll. Upon receiving the application, the BCI must instruct the first State Council to remove the name and the second State Council to enter the name, and no fee can be charged for this process. Both State Councils must obey this direction.
  • Proviso: The BCI can reject the transfer application if:
    • Simplified: The advocate has a disciplinary case pending against them, OR
    • The BCI believes the transfer request is not genuine (bona fide) or is being done for a bad reason.
    • The BCI must first give the advocate a chance to explain themselves (an opportunity of making a representation).
  • Practical Example: A lawyer moves from Chennai to Hyderabad. They apply to the BCI for transfer. The BCI directs the Bar Councils of Tamil Nadu and Andhra Pradesh to execute the transfer. However, if the lawyer had a complaint of professional misconduct pending in Chennai, the BCI could reject the transfer until that case is resolved.

Sub-section (2): Retention of Seniority

  • What it says in simple English: When a lawyer’s name is transferred from one State Roll to another, they keep the exact same seniority date they had on the original roll.
  • Practical Example: A lawyer with a seniority date of July 1, 2010, transfers from the Delhi Roll to the Punjab and Haryana Roll. On the new roll, their seniority date remains July 1, 2010. They do not become the most junior lawyer in the new state.

Section 19: State Bar Councils to send copies of rolls of advocates to the Bar Council of India

This ensures the national body has full oversight of all enrolled lawyers.

  • What it says in simple English: Every State Bar Council must send the Bar Council of India an authenticated copy (a certified, true copy) of the initial roll it prepares under this Act. After that, the State Council must immediately inform the BCI of all subsequent changes, alterations, or new additions to the roll as soon as they are made.
  • Practical Example: When the Bar Council of Gujarat enrolls 200 new lawyers in June, it must immediately send a list of those 200 new names to the Bar Council of India so the BCI can maintain its accurate national record of advocates.

Section 20: Special provision for enrolment of certain Supreme Court advocates

This transitional section deals specifically with lawyers who, before the Act, were only entitled to practice in the Supreme Court.

Sub-section (1): Opting for a State Roll

  • What it says in simple English: Lawyers who were entitled to practice in the Supreme Court immediately before the Act came into effect, but whose names were not yet entered on any State Roll, could choose a State where they wanted to practice. They had to formally notify the BCI of their choice within a specific timeframe using a prescribed form. The BCI would then immediately instruct the chosen State Bar Council to enroll their name on its roll without charging any fee.
  • Practical Example: A lawyer who practiced exclusively in the Supreme Court before 1961 had to decide whether they wanted their name enrolled in the State Roll of Delhi or, say, Maharashtra. They notified the BCI of their choice, and the BCI ensured the enrollment was executed by the chosen State Council for free.

Sub-section (2): Seniority on State Roll

  • What it says in simple English: When the Supreme Court lawyer’s name is entered on the chosen State Roll, their seniority is determined according to the rules set out in Section 17, Sub-section (3) (i.e., based on their original enrollment date).
  • Practical Example: The Supreme Court lawyer is entered on the Delhi State Roll. Their official seniority date is calculated using the BCI’s rules for prior Supreme Court advocates, ensuring they retain their senior rank.

Sub-section (3): Default Enrolment

  • What it says in simple English: If the Supreme Court lawyer mentioned in Sub-section (1) fails or forgets to choose a State and express their intention within the prescribed time, their name will automatically be entered in the State Roll of the Bar Council of Delhi.
  • Practical Example: A Supreme Court lawyer who misses the deadline to choose a state is automatically enrolled on the Delhi State Roll, as Delhi is the most logical jurisdiction for a lawyer who previously practiced at the national capital’s highest court.

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