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ADVOCATE ACT, 1961

S.No Content Page

1. Detailed Notes 2-16
• Introduction
• Historical Background
• Key Definition
• Bar Council
• Enrolment and Rights of Advocates
• Conduct and discipline of Advocates
2. Bare Act Short Notes 17-31
• Short Note on each Section
3. Revisions Chart 32-34
• Quick Revisions charts
• Flow chart
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Advocate Act 1961

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Advocate
Council

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SBC
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ENROLMENT
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CONDUCT
BCI
This chapter deals This chapter establishes This chapter deals with
Advocates Act, 1961 with the qualification, the exclusive right of professional misconduct,
enrolment, and advocates to practice disciplinary actions, appeals, and
┌────────────┴────────────┐ regulation of law in India and the powers of Bar
│ │ advocates in India. provides exceptions Councilsconcerning the conduct
Bar Council of India State Bar Councils It sets out the criteria and rule-making powers of advocates.
(BCI – National Level) (One in each State) for admission, the for courts.
│ │ process of enrolment,
┌─────┴─────┐ ┌─────────┴─────────┐ and the rules regarding
seniority and
│ │ │ │ disqualification.
Legal Education Disciplinary Control Enrolment of Advocates
Regulation
Key Points:
BCI regulates legal education, ethics, and professional conduct.
State Bar Councils handle advocate enrollment and disciplinary matters at the state level.
 2

Introduction to the Advocates Act, 1961

Why Was the Act Enacted?

Before the enactment of the Advocates Act, 1961, the legal profession in India was governed
by multiple laws, leading to inconsistencies in the regulation of legal practitioners. Different
categories of legal professionals existed under various provincial laws, which created
confusion and a lack of uniformity in the legal profession.

Need for a Uniform Law

• Prior to 1961, different provinces had their own rules for enrolling and regulating
legal practitioners.
• There was no single regulatory authority to oversee the conduct, qualifications, and
professional standards of advocates across India.
• A need arose for a uniform legal framework to bring consistency and discipline to
the legal profession.

Historical Background of the Advocates Act, 1961

Before the enactment of the Advocates Act, 1961, the legal profession in India was regulated
by multiple laws, leading to inconsistencies and lack of uniformity. The evolution of legal
practice in India can be understood through the following historical developments:

1. Legal Profession During British Rule (Pre-1861)

• The legal system in India was influenced by British rule, and initially, there was no
uniform law governing lawyers.
• Different courts had their own rules for legal practitioners.
• The East India Company controlled the administration of justice, but there was no
centralized regulation of legal professionals.

2. The Indian High Courts Act, 1861

• Established High Courts in Presidency towns (Calcutta, Bombay, Madras).

• Recognized different classes of legal practitioners:
o Advocates (enrolled by the High Courts).
o Vakils (legal practitioners trained in Indian law).
o Attorneys (similar to solicitors in England).

3. The Legal Practitioners Act, 1879

• First attempt to regulate legal professionals across India.

• Introduced a licensing system for pleaders, mukhtars, and revenue agents.
• High Courts were given the power to discipline advocates.

4. The Bar Councils Act, 1926

 3

• First step towards self-regulation of the legal profession.

• Established Bar Councils for each High Court to regulate and maintain professional
standards.
• Advocates were given the authority to elect representatives for the Bar Council.
• However, it did not create a unified legal profession; separate classes of legal
practitioners still existed.

5. The Need for a Uniform Law

• Even after the Bar Councils Act, 1926, the legal profession remained divided into
different categories (Advocates, Vakils, Pleaders, Mukhtars, Revenue Agents,
Solicitors, etc.).
• There was no single body governing the legal profession at the national level.
• After Independence (1947), the Government of India recognized the need for a
unified legal system.

6. Formation of the All India Bar Committee (1951)

• The Government of India appointed the All India Bar Committee under Justice
S.R. Das to recommend reforms.
• The Committee suggested:
o Unification of the legal profession.
o Abolition of different classes of legal practitioners.
o Creation of a single, self-regulating Bar Council of India.
o Right of advocates to practice in all courts across India.

7. Enactment of the Advocates Act, 1961

• Based on the recommendations of the All India Bar Committee, the Advocates Act,
1961, was enacted.
• It brought uniformity to the legal profession and replaced all previous laws governing
advocates.
• Established the Bar Council of India (BCI) and State Bar Councils (SBCs) as
regulatory bodies.

Objective of the Advocates Act, 1961

The Act was enacted with the following objectives:

1. To consolidate and amend the laws relating to legal practitioners.

2. To establish a unified legal profession by abolishing different classes of legal
practitioners.
3. To create the Bar Council of India (BCI) and State Bar Councils (SBCs) as
regulatory bodies for advocates.
4. To regulate the enrollment, professional ethics, and discipline of advocates.
5. To ensure advocates’ right to practice in all courts across India.
 4

Key Definitions Under the Advocates Act, 1961 (Section 2)

The Advocates Act, 1961, provides several key definitions under Section 2, which are
essential for understanding the Act's provisions. Some of the important definitions are:

1. Advocate (Section 2(1)(a))

An Advocate means a person who is enrolled as an advocate under the State

Roll maintained by a State Bar Councilunder this Act.

📌 Key Points:

• Only those whose names are enrolled in the State Roll can practice law.
• Advocates are classified into two categories under Section 16:
o Senior Advocates (designated based on experience and expertise).
o Other Advocates (general category of enrolled advocates).

2. Bar Council (Section 2(1)(b))

A Bar Council refers to a State Bar Council or the Bar Council of India (BCI) established
under this Act.

📌 Key Points:

• State Bar Councils (SBCs): Established for each state to regulate advocates within
that state.
• Bar Council of India (BCI): The apex body that regulates and oversees the entire
legal profession in India.

3. High Court (Section 2(1)(e))

A High Court refers to:

• The High Court for a particular state or union territory as defined under the
Constitution of India.
• It includes any court that is declared equivalent to a High Court by law.

📌 Key Points:

• Advocates enrolled in any State Bar Council have the right to practice in any High
Court of India (under Section 30).
• High Courts have disciplinary authority over advocates practicing under their
jurisdiction.
 5

4. Legal Practitioner (Section 2(1)(f))

A Legal Practitioner means a person who is:

• An advocate or vakil under the Bar Councils Act, 1926 (before the Advocates Act,
1961).
• Any other lawyer who was previously recognized under different legal
systems before this Act came into force.

📌 Key Points:

• The Advocates Act, 1961, abolished different classes of legal practitioners and
introduced a single category: "Advocate."
• Only advocates enrolled under this Act are legally recognized as practicing
lawyers in India.

5. State Roll (Section 2(1)(k))

The State Roll refers to the register maintained by a State Bar Council, containing names of
all advocates enrolled under that council.

📌 Key Points:

• Each State Bar Council maintains a list of all advocates enrolled under its
jurisdiction.
• An advocate must be enrolled in the State Roll to practice law.
• The Bar Council of India (BCI) maintains a common roll of advocates from all
state rolls.
 6

Establishment of Bar Councils Under the

Advocates Act, 1961
The Advocates Act, 1961, provides for the establishment of Bar Councils at both the
national and state levels to regulate the legal profession in India. The Act establishes:

1. The Bar Council of India (BCI) – Apex Regulatory Body

2. State Bar Councils (SBCs) – State-Level Regulatory Bodies

Structure of Bar Councils

🔹 Advocates Act, 1961 🔹

│
┌───────────────┴───────────────┐
│ │
Bar Council of India State Bar Councils
(BCI – National) (One per state)
│ │
┌───────┴───────┐ ┌────────────┴────────────┐
│ │ │ │
Legal Education Disciplinary Control Enrollment & Professional Ethics
Regulation

📌 Key Points:
✅ BCI regulates legal education, ethics, and professional conduct.
✅ State Bar Councils handle advocate enrollment and disciplinary matters at the state
level.

1. Bar Council of India (BCI) – Sections 4-5

(A) Composition of BCI (Section 4)

The Bar Council of India (BCI) consists of:

1. Attorney General of India – Ex-officio member.

2. Solicitor General of India – Ex-officio member.
3. One representative from each State Bar Council – Elected from among its
members.
4. Chairman and Vice-Chairman – Elected by BCI members from among themselves.

📌 Key Point: The BCI is a statutory body that regulates the entire legal profession in
India.
 7

(B) Powers and Functions of BCI (Section 7)

The BCI’s main responsibilities include:

1. Regulation of Legal Profession

✅ Lays down standards of professional conduct and discipline.

✅ Exercises disciplinary control over advocates.

2. Legal Education and Qualification

✅ Prescribes qualifications for enrollment as an advocate.

✅ Regulates legal education and approves law colleges/universities.

3. Recognition of Foreign Lawyers

✅ Frames rules for recognizing foreign qualifications in law.

4. Right to Practice

✅ Ensures that all enrolled advocates have the right to practice across India.

5. Conducting Elections

✅ Supervises elections of State Bar Councils and their representatives to BCI.

6. Protection of Advocates’ Rights

✅ Protects the rights, privileges, and interests of advocates.

📌 Key Point: The BCI ensures uniformity in legal practice across India and
regulates professional ethics and legal education.

2. State Bar Councils – Sections 3 & 6

(A) Composition of State Bar Councils (Section 3)

Each State Bar Council (SBC) consists of:

1. Advocate General of the State – Ex-officio member.

2. Elected Advocates – Elected from among advocates practicing in that state.
3. Chairman and Vice-Chairman – Elected by SBC members from among themselves.
 8

📌 Key Point: State Bar Councils regulate advocates at the state level and function under
the BCI’s supervision.

(B) Functions of State Bar Councils (Section 6)

The State Bar Councils’ main functions include:

1. Enrollment of Advocates

✅ Maintains the State Roll of advocates.

✅ Grants enrollment certificates to eligible candidates.

2. Disciplinary Actions

✅ Initiates disciplinary proceedings against misconduct by advocates.

3. Protection of Advocates’ Rights

✅ Protects the rights and privileges of advocates in the state.

4. Election of Members to BCI

✅ Elects representatives for the Bar Council of India.

5. Welfare Activities

✅ Promotes welfare schemes for advocates, including insurance and financial aid.

Comparison: BCI vs. State Bar Councils

Feature Bar Council of India (BCI) State Bar Councils (SBCs)
Level National State
Regulates Legal profession across India Legal profession in respective
states
Composition Attorney General, Solicitor General, Advocate General, Elected
State Bar Representatives Advocates
Functions Sets standards, controls legal Enrolls advocates, disciplinary
education, disciplinary action control at state level
Disciplinary Supreme authority over professional Handles complaints against
Role misconduct advocates in the state

Composition of Disciplinary Committees (Section 9(1))

 9

Each Bar Council (State Bar Councils and Bar Council of India) must establish one or more
disciplinary committees to handle cases of professional misconduct.

Structure of a Disciplinary Committee:

• Total Members: 3
• Two members elected by the Bar Council from among its members.
• One advocate co-opted by the Bar Council, who:
✅ Meets the qualifications specified in Section 3(2) proviso (i.e., has at least 10
years of standing at the Bar).
✅ Is not a member of the Bar Council.
• Chairman: The senior-most advocate among the committee members.

📌 Key Point: The inclusion of an experienced advocate ensures fairness and professional
expertise in disciplinary matters.
 10

Enrollment and Rights of Advocates

This section deals with the classification, enrollment process, qualifications,
disqualifications, and rights of advocates under the Advocates Act, 1961.

1. Senior and Other Advocates (Section 16)

🔹 Advocates are classified into:
✅ Senior Advocates – Designated by the Supreme Court or High Court based on merit
and experience.
✅ Other Advocates – All other enrolled advocates.

📌 Key Points:

• Senior advocates cannot:

❌ Directly deal with clients.
❌ Draft pleadings (must engage a junior advocate).
• They can only appear with another advocate.

2. State Roll of Advocates (Section 17)

🔹 Every State Bar Council maintains a roll of advocates.

• Contains the names, addresses, and enrollment details of all advocates.

• Divided into Senior Advocates and Other Advocates.

📌 Key Point:
✅ Helps in maintaining official records of enrolled advocates.
No person shall be enrolled as an advocate on the roll of more than one State Bar Council.

3. Qualification for Enrollment (Section 24)

🔹 To become an advocate, a person must:
✅ Be a citizen of India.
✅ Be at least 21 years old.
✅ Hold a law degree from a recognized university.
✅ Clear the All India Bar Examination (AIBE).
✅ Pay the enrollment fee to the State Bar Council.
 11

📌 Key Point:
✅ Ensures that only qualified candidates become advocates.

4. Disqualification for Enrollment (Section 24A)

🔹 A person cannot enroll as an advocate if:
❌ Convicted of a moral turpitude offense (unless 2 years have passed since release).
❌ Found guilty of professional misconduct.
❌ Declared insolvent and has not been discharged.
❌ Found mentally unfit by a competent court.

📌 Key Point:
✅ Ensures ethical and competent individuals enter the profession.

5. Right to Practice in Courts (Section 30)

🔹 An enrolled advocate has the right to practice in:
✅ All courts in India – Supreme Court, High Courts, District Courts, Tribunals, etc.
✅ Before any authority or person legally authorized to take evidence.

📌 Key Point:
✅ Confirms that only enrolled advocates can represent clients in courts.

Conclusion

✅ Chapter IV of the Advocates Act, 1961 ensures a structured system for enrolling and
regulating advocates.
✅ Sections 16, 17, 24, 24A, and 30 define who can be an advocate, how they are
enrolled, their rights, and restrictions.
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Eligibility & Disqualification Criteria

Criteria Eligibility (Section 24) Disqualification (Section 24A)

Age Minimum 21 years old -
Citizenship Indian citizen Foreign nationals unless permitted by reciprocity.
Education LLB degree from a recognized university -
Exam Must clear All India Bar Examination (AIBE) -
Criminal Record No conviction involving moral turpitude Conviction with 2+ years sentence
Mental Fitness Should be mentally fit Declared unsound mind by a competent court
Financial Status Not an undischarged insolvent If declared insolvent and not discharged

📌 Key Takeaways:
✅ Only qualified candidates can practice law.
❌ Convicts, mentally unfit persons, and insolvent individuals are disqualified.

Enrollment of Advocates
Enrolment Process
│
┌───────┴───────┐
│ │
Eligibility Disqualification
│ │
✔ Law Degree ❌ Conviction
✔ AIBE Cleared ❌ Insolvent
✔ Age 21+ ❌ Unsound Mind
✔ Paid Fees ❌ Professional Misconduct

✅ Helps students recall important points at a glance.

✅ Rights of Advocates (Section 29 & 30)

✔️ Right to Practice in all courts and tribunals.

✔️ Right of Pre-Audience (seniority-based preference in hearings).
✔️ Right to Appear Before Any Authority.
✔️ Right to Meet Clients even in police custody.
✔️ Protection Against Arrest when appearing in court.

⚖️ Duties of Advocates (BCI Rules & Code of Conduct)

✔️ Duty to Court – Maintain respect and decorum.

✔️ Duty to Client – Act in the best interest, maintain confidentiality.
✔️ No Advertising – Cannot solicit clients.
✔️ No Fee Sharing – With non-advocates.
✔️ No Undue Influence – Must act with integrity and honesty.
 13

Conduct and Discipline of Advocates Under

the Advocates Act, 1961
The Advocates Act, 1961, along with the Bar Council of India (BCI) Rules, governs
the professional conduct and discipline of advocates in India. It ensures that advocates
maintain high ethical standards and professionalism in their practice.

Conduct & Discipline of Advocates

🔹 Section 35 - Misconduct 🔹
│
┌────────────────────────┬────────────────────────┐
│ │ │
🔹 State Bar Council 🔹 BCI Appeal (S. 37) 🔹 Supreme Court Appeal (58)
(S. 38)
-
🔹 Disciplinary Action 🔹 Review by BCI 🔹 Final Verdict on
Misconduct
🔹 Suspension/Fine 🔹 May reduce punishment 🔹 No further appeal

1. Punishment for Professional Misconduct (Section 35)

What is Professional Misconduct?

Professional misconduct refers to any act or behavior by an advocate that violates

professional ethics, legal duty, or moral conduct as prescribed under the Bar Council of
India (BCI) Rules.

Procedure for Disciplinary Action (Section 35)

1. Complaint Filed: A complaint against an advocate can be filed by:

o A client
o Another advocate
o A court
o Any other person with valid grounds
2. Inquiry by State Bar Council:
o The State Bar Council (SBC) refers the case to its Disciplinary Committee.
o The advocate is given a fair opportunity to present their defense.
3. Possible Punishments (If Found Guilty):
o Reprimand (Warning)
o Suspension from practice for a specified period
o Removal of name from the State Roll (Permanent disqualification from
practice)

📌 Key Point: If an advocate is dissatisfied with the decision, they can appeal to the Bar
Council of India (BCI)(Section 37) and further to the Supreme Court (Section 38).
 14

2. Disciplinary Powers of Bar Councils (Sections 36 & 37)

A. Disciplinary Powers of the State Bar Council (SBC) – Section 35

• Conducts inquiries into professional misconduct.

• Takes disciplinary action based on findings.
• If the misconduct is serious, it can refer the case to the Bar Council of India (BCI).

B. Powers of the Bar Council of India (BCI) – Section 36

• The BCI can directly handle cases involving serious misconduct.

• It has the authority to modify, affirm, or overturn decisions made by State Bar
Councils.

C. Appeal Process – Section 37

• If an advocate is dissatisfied with the State Bar Council’s decision, they can appeal
to the BCI.
• If dissatisfied with the BCI’s decision, they can appeal to the Supreme Court
(Section 38).

📌 Key Point: This hierarchical process ensures fairness and transparency in disciplinary
matters.

3. Code of Conduct for Advocates (As per BCI Rules)

The Bar Council of India (BCI) Rules prescribe the ethical and professional
responsibilities of advocates. Any violation may lead to disciplinary action.

A. No Advertising of Legal Services

• Advocates cannot solicit clients through advertisements, social media promotions, or

brochures.
• Exceptions:
o Advocates may provide basic details on their website, including name,
qualifications, and area of practice.
o They cannot make misleading claims about their success rate.

📌 Reason: To maintain the dignity and integrity of the legal profession and
prevent commercialization of advocacy.

B. No Fee-Sharing with Non-Lawyers

 15

• Advocates cannot enter into business partnerships with non-lawyers for legal
practice.
• They cannot share legal fees with anyone who is not an enrolled advocate.

📌 Reason: To prevent undue influence and conflicts of interest in legal practice.

C. Duty Towards Clients

✅ Confidentiality: Advocates must maintain secrecy of client communications.

✅ No Conflict of Interest: Advocates must not take cases where personal interests
interfere.
✅ No Contingency Fee Agreements: Advocates cannot charge fees based on case
outcomes.
✅ Loyalty & Fair Representation: An advocate must act in the best interest of the
client.

📌 Reason: To ensure trust, fairness, and ethical practice in legal representation.

D. Duty Towards the Court

✅ Honesty & Integrity: Advocates must not mislead the court with false information.
✅ Maintain Dignity & Decorum: Advocates must show respect to judges and judicial
authorities.
✅ No Personal Influence: Advocates cannot attempt to influence judges outside legal
proceedings.
✅ Duty to Appear: Advocates must appear in court when required and not delay
proceedings unnecessarily.

📌 Reason: To uphold justice, court dignity, and professional discipline.

4. Punishments for Violation of Conduct Rules

Type of Misconduct Possible Punishment
Advertising legal services Reprimand or suspension
Fee-sharing with non-lawyers Suspension
Breach of client confidentiality Suspension or disbarment
Misleading the court Suspension or disbarment
Contempt of court Suspension or fine
Criminal activity (fraud, corruption) Permanent disbarment

📌 Key Point: The severity of punishment depends on the gravity of the offense.
 16

Conclusion
The Advocates Act, 1961, and the BCI Rules ensure that advocates maintain ethical
standards, respect the courts, and protect clients' rights. Violating these rules may result
in strict disciplinary action, including suspension or disbarment.
 17

CHAPTER I – PRELIMINARY (Sections 1

& 2)
1. Short Title, Extent & Commencement (Section 1)
• Short Title: The Act is called the Advocates Act, 1961.
• Extent:
o Extends to the whole of India.
o Special provisions for Jammu & Kashmir and Goa, Daman, and
Diu (before full integration).
• Commencement:
o Comes into force on a date notified by the Central Government.
o Different provisions may come into force on different dates.

Definitions under (Section 2)

Term Definition
Advocate A person enrolled in any State Roll under this Act.
Appointed Day The date when a specific provision of the Act comes into force.
Bar Council A statutory body constituted under this Act to regulate
advocates.
Bar Council of India The national regulatory body for advocates, established
(BCI) under Section 4.
High Court In relation to a State Bar Council, it refers to:
(i) The High Court of the respective State.
(ii) For Delhi, it means the Delhi High Court.
Law Graduate A person with an LLB degree from a recognized Indian
university.
Legal Practitioner Includes advocates, vakils, pleaders, mukhtars, and revenue
agents.
Prescribed Means as defined by rules made under this Act.
Roll A list of enrolled advocates maintained under this Act.
State Does not include a Union Territory.
State Bar Council A Bar Council constituted under Section 3 for a particular state.
State Roll A register of advocates maintained by the State Bar
Council under Section 17.

Chapter II: Bar Councils (Sections 3–15)

This chapter outlines the structure, functions, and powers of the State Bar Councils and
the Bar Council of India (BCI).
 18

State Bar Councils (Section 3)

• Each state has a State Bar Council (SBC).
• Members include:
✅ Elected advocates.
✅ Advocate General of the state (ex-officio member).

📌 Key Point: Governs advocates at the state level.

Bar Council of India (Section 4)

• BCI is the apex body for regulating advocates.
• Members include:
✅ One representative from each State Bar Council.
✅ Attorney General of India and Solicitor General of India (ex-officio
members).

📌 Key Point: Regulates legal education and professional standards.

Bar Council to Be a Body Corporate (Section 5)

• BCI and State Bar Councils are legal entities.
• They can:
✅ Own property.
✅ Sue and be sued in their own name.

📌 Key Point: Gives legal status to Bar Councils.

Functions of State Bar Councils (Section 6)

• Key responsibilities:
✅ Enrolment of advocates.
✅ Establish disciplinary committees.
✅ Protect the rights and interests of advocates.
✅ Legal aid to the needy.

📌 Key Point: Regulates advocates within a state.

Functions of the Bar Council of India (Section 7)

• BCI’s main functions:
✅ Sets standards of legal education.
✅ Prescribes professional ethics.
 19

✅ Supervises State Bar Councils.

✅ Recognizes foreign legal qualifications.

📌 Key Point: BCI ensures uniform professional standards.

Membership in International Bodies (Section 7A)

• BCI can become a member of international legal organizations.
• Helps in exchange of legal knowledge globally.

📌 Key Point: Encourages global cooperation in legal education.

Term of Office of Members of State Bar Council (Section

8)
• Term: 5 years for elected members.

📌 Key Point: Ensures fixed tenure for effective governance.

Constitution of Special Committee in the Absence of

Election (Section 8A)
• If elections are not held on time, a Special Committee is formed to manage affairs
temporarily.

📌 Key Point: Prevents governance gaps in the Bar Council.

Disciplinary Committees (Section 9)

• Each Bar Council must have one or more disciplinary committees.
• 3 members:
✅ Two elected members from the council.
✅ One co-opted senior advocate (not a council member).

📌 Key Point: Handles misconduct cases of advocates.

Constitution of Legal Aid Committees (Section 9A)

• State Bar Councils must have Legal Aid Committees to provide free legal
services to the poor.

📌 Key Point: Supports equal access to justice.

 20

Constitution of Committees Other Than Disciplinary

Committees (Section 10)
• Bar Councils can form additional committees for:
✅ Legal education.
✅ Welfare of advocates.

📌 Key Point: Ensures efficient management of legal affairs.

Transaction of Business by Bar Councils and Committees

(Section 10A)
• Meetings and decisions can be conducted as per rules framed by the Bar Council.

📌 Key Point: Regulates decision-making processes.

Disqualification of Members of Bar Council (Section 10B)

• A member is disqualified if:
✅ Convicted of a criminal offense.
✅ Declared insolvent.
✅ Found guilty of professional misconduct.

📌 Key Point: Ensures ethical leadership in the Bar Council.

Staff of Bar Council (Section 11)

• Bar Councils can appoint staff to carry out administrative work.

📌 Key Point: Helps in smooth functioning of Bar Councils.

Accounts and Audit (Section 12)

• Bar Councils must maintain proper financial records.
• Subject to audit as per the rules.

📌 Key Point: Ensures financial transparency.

Vacancies in Bar Council and Committees Not to

Invalidate Actions (Section 13)
• Even if some positions are vacant, the Bar Council’s decisions remain valid.

📌 Key Point: Prevents administrative deadlock.

 21

Election to Bar Councils Not to Be Questioned on Certain

Grounds (Section 14)
• Election disputes cannot be challenged except as per Bar Council rules.

📌 Key Point: Avoids unnecessary election disputes.

Power to Make Rules (Section 15)

• Bar Councils can frame rules for:
✅ Elections of Bar Council members.
✅ Enrolment of advocates.
✅ Disciplinary proceedings.

📌 Key Point: Allows self-regulation by the legal profession.

Chapter III: Admission and Enrolment of

Advocates (Sections 16–28)
This chapter deals with the qualification, enrolment, and regulation of advocates in India.
It sets out the criteria for admission, the process of enrolment, and the rules regarding
seniority and disqualification.

Senior and Other Advocates (Section 16)

• Advocates are classified into Senior Advocates and other advocates.
• The Supreme Court or a High Court may designate an advocate as a Senior
Advocate based on:
✅ Ability, standing at the Bar, and experience.
✅ Consent of the advocate.
• Senior Advocates have special restrictions, such as:
❌ Cannot directly interact with clients.
❌ Cannot draft pleadings (must be assisted by a junior advocate).

📌 Key Point: Recognizes experienced advocates with a special designation.

State Bar Councils to Maintain Roll of Advocates (Section

17)
 22

• Every State Bar Council must maintain a roll (list) of advocates in two categories:
✅ Senior Advocates.
✅ Other Advocates.
• Only those enrolled in the roll can practice law in India.

📌 Key Point: Ensures proper registration and monitoring of advocates.

Transfer of Name from One State Roll to Another (Section

18)
• An advocate can apply to transfer their name from one State Bar Council’s roll to
another.
• The Bar Council of India (BCI) has the power to approve or reject the transfer.

📌 Key Point: Allows advocates to practice in different states.

State Bar Councils to Send Copies of Rolls to the BCI

(Section 19)
• State Bar Councils must send updated copies of their rolls to the Bar Council of
India (BCI).
• This helps the BCI maintain a centralized record of all advocates in India.

📌 Key Point: Ensures proper documentation and regulation at the national level.

Special Provision for Enrolment of Certain Supreme

Court Advocates (Section 20)
• Advocates who were enrolled before the establishment of State Bar Councils and
practiced in the Supreme Court may be directly enrolled in a State Bar Council.

📌 Key Point: Grants special enrolment rights to certain pre-existing Supreme Court
advocates.

Disputes Regarding Seniority (Section 21)

• If a dispute arises over seniority among advocates, the matter is referred to:
✅ The State Bar Council (for resolution at the state level).
✅ The Bar Council of India (if further clarification is needed).

📌 Key Point: Provides a system for resolving conflicts over advocate seniority.
 23

Certificate of Enrolment (Section 22)

• Once enrolled, an advocate receives a Certificate of Enrolment from the State Bar
Council.
• This certificate serves as proof of registration and allows the advocate to practice
law.

📌 Key Point: Essential for proving an advocate’s legal standing.

8. Right of Pre-Audience (Section 23)

• Right of pre-audience means the order in which lawyers are allowed to present
their cases in court.
• The hierarchy is as follows:
✅ Attorney General of India (first preference).
✅ Solicitor General of India.
✅ Additional Solicitor General.
✅ Advocate General of the State.
✅ Senior Advocates.
✅ Other Advocates (based on seniority).

📌 Key Point: Ensures structured presentation of cases in courts.

Persons Who May Be Admitted as Advocates on a State

Roll (Section 24)
• To be admitted as an advocate, a person must:
✅ Be a citizen of India.
✅ Be at least 21 years old.
✅ Have a law degree from a recognized university.
✅ Fulfill any additional conditions prescribed by the BCI.

📌 Key Point: Sets eligibility criteria for new advocates.

Disqualification for Enrolment (Section 24A)

• A person cannot be enrolled as an advocate if:
❌ Convicted of a criminal offense involving moral turpitude.
❌ Declared mentally unfit by a competent court.
❌ Dismissed from government service for moral misconduct.
• However, a convicted person can apply for enrolment if:
✅ Two years have passed since their release.

📌 Key Point: Maintains the integrity and ethics of the legal profession.
 24

Authority to Whom Applications for Enrolment May Be

Made (Section 25)
• Applications for enrolment must be submitted to the State Bar Council where the
applicant wishes to practice.

📌 Key Point: Regulates the process of enrolment for new lawyers.

Disposal of Applications for Admission as an Advocate

(Section 26)
• The State Bar Council must verify and approve/reject enrolment applications.
• If rejected, the applicant can appeal to the BCI.

📌 Key Point: Ensures a transparent enrolment process.

Power to Remove Names from Roll (Section 26A)

• A State Bar Council may remove an advocate’s name from the roll if:
❌ The advocate voluntarily requests removal.
❌ Found guilty of professional misconduct.
• The Bar Council of India has appellate authority over such removals.

📌 Key Point: Ensures strict regulation and accountability in legal practice.

Application Once Refused Not to Be Entertained by

Another Bar Council (Section 27)
• If a State Bar Council rejects an enrolment application, the applicant cannot apply
to another State Bar Council.
• Exception: If the BCI allows the applicant to reapply.

📌 Key Point: Prevents forum shopping for enrolment approvals.

Power to Make Rules (Section 28)

• Both the Bar Council of India (BCI) and State Bar Councils can frame rules for:
✅ Enrolment and disqualification of advocates.
✅ The duties and obligations of enrolled advocates.
✅ Disciplinary proceedings and professional ethics.

📌 Key Point: Allows Bar Councils to regulate the legal profession effectively.
 25

Chapter IV: Right to Practise (Sections 29–

34)
This chapter establishes the exclusive right of advocates to practice law in India and
provides exceptions and rule-making powers for courts.

Advocates to be the Only Recognised Class of Persons

Entitled to Practise Law (Section 29)
• Only advocates enrolled under the Advocates Act, 1961, are recognized as legal
practitioners.
• No other individual or class of persons can practice law in India.

📌 Key Point: Ensures that only qualified advocates can represent clients in courts.

Right of Advocates to Practise (Section 30)

• Every enrolled advocate has the right to practice law in:
✅ All courts, including the Supreme Court.
✅ Before any tribunal or authority legally authorized to take evidence.
✅ Any quasi-judicial body.

📌 Key Point: Grants universal practice rights to advocates across India.

[Repealed] (Section 31)

• This section was repealed by the Advocates (Amendment) Act, 1976.

📌 Key Point: No longer applicable.

Power of Court to Permit Appearances in Particular

Cases (Section 32)
• A court, authority, or tribunal may permit a non-advocate to appear in a specific
case.
• This is an exception to Section 29 and 33.
• Example: A litigant may represent themselves or appoint a non-advocate with court
permission.

📌 Key Point: Allows flexibility in special circumstances.

 26

Advocates Alone Entitled to Practise (Section 33)

• Only enrolled advocates can practice law before any court, tribunal, or authority.
• Exception: Section 32 (court’s discretion to allow a non-advocate).

📌 Key Point: Reinforces that only qualified and registered advocates can legally
represent clients.

Power of High Courts to Make Rules (Section 34)

• High Courts have the power to frame rules regarding:
✅ Conditions for practice in subordinate courts.
✅ Advocates' dress code and conduct in court.
✅ Disciplinary actions against advocates violating court decorum.

📌 Key Point: Gives High Courts control over courtroom discipline and professional
standards.

Chapter V: Conduct of Advocates (Sections

35–44)
This chapter deals with professional misconduct, disciplinary actions, appeals, and
the powers of Bar Councilsconcerning the conduct of advocates.

Punishment of Advocates for Misconduct (Section 35)

• If an advocate is found guilty of professional or other misconduct, the State Bar
Council's Disciplinary Committee may:
✅ Dismiss the complaint if misconduct is not proved.
✅ Warn, suspend, or remove the advocate from the roll of advocates.
• The Bar Council of India (BCI) has the power to review the decision.

📌 Key Point: Advocates must follow ethical standards; otherwise, they may
face disciplinary actions.

Disciplinary Powers of Bar Council of India (Section 36)

• The BCI Disciplinary Committee has the power to:
✅ Take up cases referred by State Bar Councils.
✅ Review orders passed by State Bar Councils.
✅ Conduct disciplinary proceedings for misconduct of advocates.

📌 Key Point: The BCI oversees the State Bar Councils in disciplinary matters.
 27

Changes in Constitution of Disciplinary Committees

(Section 36A)
• If there are changes in the composition of a disciplinary committee after proceedings
have started:
✅ The new committee may continue with the existing proceedings without
restarting the case.

📌 Key Point: Prevents delays in disciplinary proceedings due to committee changes.

Disposal of Disciplinary Proceedings (Section 36B)

• Disciplinary proceedings must be completed within 1 year.
• If not completed, the BCI can transfer the case to another disciplinary committee.

📌 Key Point: Ensures timely disposal of cases.

Appeal to the Bar Council of India (Section 37)

• Advocates can appeal to the BCI against a State Bar Council’s decision.
• BCI has the power to:
✅ Confirm, modify, or reverse the decision.
✅ Remand the case back for further inquiry.

📌 Key Point: Provides advocates a second chance before the BCI.

Appeal to the Supreme Court (Section 38)

• If dissatisfied with the BCI’s decision, the advocate can appeal to the Supreme
Court within 60 days.
• The Supreme Court can:
✅ Uphold, modify, or set aside the order of BCI.

📌 Key Point: Ensures final judicial review of disciplinary cases.

Application of Sections 5 and 12 of the Limitation Act,

1963 (Section 39)
• Provides for extension of time limits in filing appeals under certain circumstances.

📌 Key Point: Advocates can request extensions if delays are justifiable.

Stay of Order (Section 40)

 28

• The BCI or Supreme Court can stay the execution of an order during the appeal
process.

📌 Key Point: Prevents immediate penalties while the appeal is pending.

Alteration in Roll of Advocates (Section 41)

• The State Bar Council can alter the name of an advocate in the roll if:
✅ The advocate is removed/suspended due to disciplinary action.
✅ The advocate is reinstated after an appeal.

📌 Key Point: Keeps the advocate register updated.

Powers of Disciplinary Committee (Section 42)

• The Disciplinary Committee has powers similar to a civil court:
✅ Summon witnesses.
✅ Require documentary evidence.
✅ Conduct cross-examinations.

📌 Key Point: Gives the committee authority to conduct fair trials.

Powers of Bar Council of India and Other Committees

(Section 42A)
• BCI and State Bar Councils have additional powers for:
✅ Investigating misconduct of advocates.
✅ Enforcing disciplinary rules.

📌 Key Point: Strengthens BCI’s regulatory control.

Cost of Proceedings Before a Disciplinary Committee

(Section 43)
• The Disciplinary Committee can:
✅ Order the advocate or complainant to bear the costs of proceedings.

📌 Key Point: Ensures fairness in bearing legal costs.

Review of Orders by Disciplinary Committee (Section 44)

• The Disciplinary Committee has the power to review its own orders if an
application is made.
 29

📌 Key Point: Allows correction of errors in disciplinary decisions.

Chapter VI: Miscellaneous (Sections 45–52)

This chapter includes penalties for unauthorized practice, financial assistance, rule-
making powers, and legal provisions related to the Advocates Act, 1961.

Penalty for Persons Illegally Practising in Courts and

Before Other Authorities (Section 45)
• Any person who practises law without being an enrolled advocate:
✅ Punishable with imprisonment up to 6 months.

📌 Key Point: Prevents unauthorized practice of law.

[Repealed Section 46]

• This section was removed from the Act.

📌 Key Point: No longer applicable.

Financial Assistance to State Bar Council (Section 46A)

• The Bar Council of India (BCI) can provide financial aid to State Bar
Councils for:
✅ Welfare of advocates.
✅ Development of infrastructure.

📌 Key Point: Supports State Bar Councils in financial matters.

Reciprocity (Section 47)

• Foreign lawyers can practice in Indian courts only if Indian advocates are allowed
to practice in their country.
• The Central Government can impose conditions for foreign advocates.

📌 Key Point: Ensures mutual recognition of legal practice internationally.

Indemnity Against Legal Proceedings (Section 48)

 30

• No suit or legal action can be taken against:

✅ The Bar Council.
✅ Any person acting in good faith under this Act.

📌 Key Point: Protects BCI and officials from unnecessary lawsuits.

Power of Revision (Section 48A)

• The BCI can revise decisions made by State Bar Councils if required.

📌 Key Point: Ensures BCI’s supervisory power over State Bar Councils.

Review (Section 48AA)

• The BCI can review its own orders if necessary.

📌 Key Point: Allows correction of errors in BCI’s decisions.

Power to Give Directions (Section 48B)

• The BCI can issue directions to any State Bar Council to ensure compliance with
laws.

📌 Key Point: Strengthens BCI’s control over State Bar Councils.

General Power of the Bar Council of India to Make Rules

(Section 49)
• The BCI has the authority to make rules regarding:
✅ Qualifications and conditions for enrolment.
✅ Professional conduct and ethics.
✅ Disciplinary proceedings.

📌 Key Point: BCI’s rule-making power ensures professional regulation.

Power of Central Government to Make Rules (Section

49A)
• The Central Government can make rules on matters relating to the Advocates
Act.

📌 Key Point: Provides government oversight on legal practice.

Repeal of Certain Enactments (Section 50)

 31

• Abolished previous laws related to legal practitioners before the enactment of this
Act.

📌 Key Point: Ensured a uniform legal framework for advocates.

Rule of Construction (Section 51)

• If any doubt arises in interpreting this Act, the meaning that aligns with its objective
and purpose shall be preferred.

📌 Key Point: Ensures correct legal interpretation.

Saving Clause (Section 52)

• Any action taken under old laws before this Act remains valid.

📌 Key Point: Protects previous legal proceedings and decisions.

Conclusion
• Chapter VI ensures:
✅ Regulation of practice and protection of the legal profession.
✅ Financial assistance for Bar Councils.
✅ Rule-making authority for BCI and the Government.
 32

📜 ADVOCATES ACT, 1961 – QUICK REVISION

CHART
(For Law Students & Exam Preparation)

📌 1. Introduction & Purpose

Aspect Details
Why was it enacted? To unify and regulate the legal profession in India.
Objectives 🔹 Establish Bar Councils (BCI & State Bar Councils).
🔹 Regulate enrollment, rights, and discipline of advocates.
🔹 Maintain professional ethics and standards.

📌 2. Key Definitions (Section 2)

Term Meaning
Advocate A person enrolled under this Act, legally qualified to practice.
Bar Council The regulatory body for advocates at state and national levels.
Legal Includes an advocate, vakil, pleader, attorney, or any recognized
Practitioner law professional.
State Roll The list of advocates maintained by State Bar Councils.

📌 3. Structure of Bar Councils (Chapter II, Sections 3-7A)

🔹 Advocates Act, 1961 🔹

│
┌───────────────┴───────────────┐
│ │
Bar Council of India State Bar Councils
(BCI – National) (One per state)
│ │
┌───────┴───────┐ ┌────────────┴────────────┐
│ │ │ │
Legal Education Disciplinary Control Enrollment & Professional Ethics
Regulation

Bar Council Composition Functions

State Bar Council Elected advocates + Ex-officio 🔹 Enrollment &
(SBC) – Sec. 3 members discipline of advocates.
🔹 Promote legal education.
🔹 Financial aid to lawyers.
 33

Bar Council of India Elected representatives from 🔹 Set professional standards

(BCI) – Sec. 4 SBCs + AGI & ethics.
🔹 Regulate legal education
& colleges.
🔹 Handle disciplinary cases.

📌 4. Enrollment of Advocates (Chapter III, Sections 16-28)

Section Provision
Sec. 16 Advocates classified as Senior & Other Advocates.
Sec. 17 State Bar Council maintains Roll of Advocates.
Sec. 24 Eligibility: Indian citizen, Law graduate, 21+ years old.
Sec. 24A Disqualification: Convicted of moral turpitude, insanity, insolvent.
Sec. 30 Right to practice in all courts in India.
Sec. 26A Bar Council can remove names from Roll for misconduct.

Eligibility & Disqualification Criteria

Criteria Eligibility (Section 24) Disqualification (Section 24A)

Age Minimum 21 years old -
Citizenship Indian citizen Foreign nationals unless permitted by
reciprocity.
Education LLB degree from a recognized -
university
Exam Must clear All India Bar -
Examination (AIBE)
Criminal No conviction involving moral Conviction with 2+ years sentence
Record turpitude
Mental Should be mentally fit Declared unsound mind by a
Fitness competent court
Financial Not an undischarged insolvent If declared insolvent and not
Status discharged

📌 5. Right to Practice (Chapter IV, Sections 29-34)

Section Provision
Sec. 29 Only Advocates can practice law.
Sec. 30 Right to practice in all courts, tribunals & authorities.
Sec. 32 Courts may permit non-advocates to appear in specific cases.
Sec. 33 Only enrolled advocates can represent cases.
Sec. 34 High Courts can make rules regarding advocate conduct.
 34

📌 6. Conduct & Discipline (Chapter V, Sections 35-44)

Conduct & Discipline of Advocates

🔹 Section 35 - Misconduct 🔹
│
┌────────────────────────┬────────────────────────┐
│ │ │
🔹 State Bar Council 🔹 BCI Appeal (S. 37) 🔹 Supreme Court Appeal
(S. 38)
🔹 Disciplinary Action 🔹 Review by BCI 🔹 Final Verdict on
Misconduct
🔹 Suspension/Fine 🔹 May reduce punishment 🔹 No further appeal
Section Provision
Sec. 35 Punishment for Professional Misconduct (warning, suspension, removal).
Sec. 36 Disciplinary Powers of Bar Councils.
Sec. 37 First Appeal to BCI against disciplinary actions.
Sec. 38 Second Appeal to Supreme Court.
Sec. 42 Disciplinary Committees' powers include summoning evidence.
Sec. 44 Review of disciplinary orders allowed.

📌 7. Miscellaneous Provisions (Chapter VI, Sections 45-52)

Section Provision
Sec. 45 Penalty for illegal practice (Up to 6 months imprisonment).
Sec. 46A Financial Assistance to Bar Councils.
Sec. 48 Indemnity against legal proceedings.
Sec. 49 BCI’s power to make rules on professional conduct.
Sec. 50-52 Repeal & Savings of old laws.