State Bar Councils : Functions of State Bar Councils

Introdiction - 

     The Advocate Act, 1961 is an Indian law that regulates the legal profession in India. It provides for the recognition of Advocates in India and the conditions of their enrolment and practice. It also provides for the constitution of Bar Councils and State Bar Councils and regulates their functions. It also provides for the establishment of the Bar Council of India and defines its powers and functions. The Act is applicable to the whole of India excluding the State of Jammu and Kashmir. Section 3 of the Act provides State Bar councils and Section 6 of the Said Act Prescribes Functions of State Bar councils.

State Bar Council -

The Advocate Act 1961, Section 3 provides State Bar Councils According to said Section 6 (1) There shall be a Bar Council— 

(a) for each of the States of Andhra Pradesh, Bihar, Gujarat, Jammu and Kashmir, Jharkhand, Madhya Pradesh and Chhattisgarh, Karnataka, Orissa, Rajasthan, Telangana Uttar Pradesh,Uttaranchal, Meghalya, Manipur and Tripura, to be known as the Bar Council of that State;

(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;

(c) for the State of Kerala and the Union territory of Lakshadweep to be known as the Bar Council of Kerala; 

(cc) for the State of Tamil Nadu and the Union territory of Pondicherry to be known as the Bar Council of Madras;

(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;

(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana;

(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;

(e) for the State of West Bengal and the Union territory of Andaman and Nicobar Islands, to be known as the Bar Council of West Bengal; and

(f) for the Union territory of Delhi, to be known as the Bar Council of Delhi.

(2) A State Bar Council shall consist of the following members, namely:―

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

Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio;

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

Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been  advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).

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

such manner as may be prescribed.

(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:

Provided that every such person shall continue to carry on the duties of his office until the Chairman or

the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.

(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being

chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.

(5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.

(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any

State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.

Functions of State Bar Councils

Section 6 of the Advocate Act 1961 Functions of State Bar Councils.―

(1) The functions of a State Bar Council shall be ―

(a) to admit persons as advocates on its roll;

(b) to prepare and maintain such roll;

(c) to entertain and determine cases of misconduct against advocates on its roll;

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

(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section  (2) of section 7; 

(e) to promote and support law reform; 

(ee) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;

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

(f) to manage and invest the funds of the Bar Council;

(g) to provide for the election of its members; 

(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;

(h) to perform all other functions conferred on it by or under this Act;

(i) to do all other things necessary for discharging the aforesaid functions.

(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of —

(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other

advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf;

(c) establishing law libraries.

(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.

See Also...

1. Legal Aid: Eligibility, Refusal of legal Aid and mode of Providing Legal Aid

2. Duties of an Advocate in the Court while dealing with his case

3. Right of Pre-audience under the Advocate Act, 1961

4. Right to Practice under the Advocates Act, 1961

5. Admission as an Advocate on a State Roll