What are State Bar Councils?

Section 3 of the Advocates Act, 1961 establishes the State Bar Councils as statutory bodies to regulate the legal profession and legal education within their respective jurisdictions. Every State must have a Bar Council, known as the Bar Council of that State, in terms of Section 3.

State Bar Councils are constituted for various States and specified Union Territories in India. They act as representative bodies of the advocates enrolled in that State and perform a wide range of regulatory, administrative and welfare functions. The duties and functions of the State Bar Councils are laid down in Section 6 of the Advocates Act, 1961.

Structure of the State Bar Council

According to Section 3 of the Advocates Act, 1961, every State must have a Bar Council, which is known as the Bar Council of that State. In some cases, a single State Bar Council is constituted for more than one State and/or Union Territory.

Current Composition and Grouping of State Bar Councils (Section 3)

Section 3 of the Advocates Act, 1961 also provides for certain joint State Bar Councils for specified States and Union Territories. Important groupings include:

• Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh - a single council for these North-Eastern States.
• Bar Council of Kerala - for the State of Kerala and the Union Territory of Lakshadweep.
• Bar Council of Maharashtra and Goa - for the States of Maharashtra and Goa and the Union Territory of Dadra and Nagar Haveli and Daman and Diu.
• Bar Council of Punjab and Haryana - for the States of Punjab and Haryana and the Union Territory of Chandigarh.
• Bar Council of West Bengal - for the State of West Bengal and the Union Territory of Andaman and Nicobar Islands.
• Bar Council of Tamil Nadu and Puducherry - for the State of Tamil Nadu and the Union Territory of Puducherry.

These groupings are relevant for determining the proper State Bar Council for enrolment, transfer of enrolment, disciplinary jurisdiction and voting rights of an advocate.

Composition of a State Bar Council

A State Bar Council consists of the following members:

• In the case of the Bar Council of Delhi, the Additional Solicitor-General of India is an ex officio member; and in the case of any other State Bar Council, the Advocate-General of the State is an ex officio member.
• Elected members, chosen by advocates on the electoral roll of that State Bar Council by a system of proportional representation with a single transferable vote.

Number of Elected Members (Section 3)

Section 3(2)(b) of the Advocates Act lays down the number of elected members of a State Bar Council based on the size of its electorate:

• If the electorate is less than 5,000, the State Bar Council must have 15 members.
• If the electorate is between 5,000 and 10,000, the State Bar Council must have 20 members.
• If the electorate is more than 10,000, the State Bar Council must have 25 members.

The members are elected from the electoral roll of advocates maintained by the State Bar Council, through a system of proportional representation by means of a single transferable vote. Each State Bar Council elects from among its members a Chairman and a Vice-Chairman in the manner prescribed by the relevant rules.

Functions of the State Bar Council (Section 6)

Section 6 of the Advocates Act, 1961 enumerates the functions of a State Bar Council. These functions may broadly be divided into regulatory, representative, disciplinary and welfare functions.

1. To admit persons as advocates on its roll

A primary function of every State Bar Council is to admit persons as advocates on its State roll. Only those persons who satisfy the statutory qualifications can be enrolled. Section 24 of the Advocates Act, 1961 lays down the qualifications for enrolment, including:

• The person must be a citizen of India.
  (A national of any other country may be admitted only if citizens of India are permitted to practise law in that country, subject to the conditions laid down there.)
• The person must have completed the age of 21 years.
• The person must have obtained a degree in law from a recognised university.
• The person must satisfy such other conditions as may be specified by the State Bar Council and the Bar Council of India under the Act and the relevant rules.
• The person must pay the requisite stamp duty under the Indian Stamp Act, 1899 and the enrolment fee prescribed by the State Bar Council (and, where applicable, by the Bar Council of India).

2. To prepare and maintain the State roll (Sections 17 and 18)

Under Section 17, every State Bar Council must prepare and maintain a State roll of advocates, containing the names and addresses of all advocates enrolled with it. The roll is divided into:

• Senior Advocates; and
• Other Advocates.

Section 18 empowers a State Bar Council to transfer the name of an advocate from its roll to the roll of another State Bar Council, on application by the advocate concerned. Each State Bar Council must send an authenticated copy of the roll prepared by it for the first time, and all subsequent alterations, to the Bar Council of India.

3. To determine and entertain cases of misconduct (Section 35)

Where a State Bar Council has reason to believe, or receives a complaint, that an advocate on its roll has been guilty of professional or other misconduct, it refers the case to its Disciplinary Committee under Section 35 of the Advocates Act, 1961. The Disciplinary Committee is empowered to:

• dismiss the complaint; or
• reprimand the advocate; or
• suspend the advocate from practice for such period as it deems fit; or
• remove the name of the advocate from the State roll.

Orders of the State Bar Council's Disciplinary Committee are subject to appeal before the Bar Council of India and, in appropriate cases, to judicial review by the High Courts and the Supreme Court.

4. To safeguard the rights, privileges and interests of advocates

A State Bar Council is required to safeguard and protect the rights, privileges and interests of the advocates on its roll. This includes taking up issues affecting the legal profession, intervening in matters where professional freedoms are threatened, and promoting the dignity and independence of the Bar.

5. To promote legal education and legal awareness

State Bar Councils play an important role in improving legal education and spreading legal awareness. Their functions include:

• conducting seminars, workshops and talks on legal topics by eminent jurists, judges and senior advocates;
• publishing law journals, newsletters and research publications to disseminate legal knowledge; and
• visiting and inspecting universities and law colleges to ensure that legal education is in line with the standards prescribed under the Advocates Act and the Bar Council of India Rules.

6. To manage and invest the funds of the State Bar Council

The State Bar Council manages its funds, including enrolment fees, welfare fund contributions and other receipts. It is responsible for proper investment and utilisation of these funds for statutory purposes, administration, welfare schemes and infrastructure.

7. To organise elections of its members

The State Bar Council is responsible for conducting free and fair elections to elect its members in accordance with the Advocates Act and the rules framed thereunder. This includes preparation and publication of the electoral roll of advocates, notification of the election schedule, and declaration of results.

8. To visit and inspect universities and law colleges

Under Section 6 and read with Section 7(1)(h) and 7(1)(i), State Bar Councils, in coordination with the Bar Council of India, may visit and inspect universities and law colleges to verify whether they are complying with the standards of legal education. Recommendations may then be made to the Bar Council of India to recognise, withdraw or modify approval of law courses or institutions.

9. Other statutory functions

State Bar Councils also perform such other functions as may be prescribed by or under the Advocates Act, 1961, the rules made by the Bar Council of India or the rules framed by the State Bar Councils themselves.

Welfare Functions and Funds (Section 6(2))

Apart from their regulatory and disciplinary role, State Bar Councils have significant welfare functions. Under Section 6(2), a State Bar Council may constitute one or more funds for purposes such as:

• providing financial assistance to organise welfare schemes for indigent, disabled or aged advocates;
• offering legal aid to persons in need, thereby promoting access to justice; and
• establishing and maintaining law libraries for the use of advocates and law students.

Many State Bar Councils also collaborate with State Bar Associations and local bar bodies to implement welfare schemes, group insurance plans and emergency relief measures for members of the Bar.

Term of Office, Elections and Special Committee (Sections 8 and 8A)

Section 8 of the Advocates Act, 1961 prescribes that the term of office of an elected member of a State Bar Council (other than a member referred to in Section 54) is five years from the date of publication of the result of the election. If a State Bar Council fails to provide for the election of its members before the expiry of this term, the Bar Council of India (BCI) may, for reasons recorded in writing, extend the term for a period not exceeding six months.

Failure to hold elections and constitution of Special Committee (Section 8A)

If, even after such extension, elections are not held within time, Section 8A empowers the Bar Council of India to constitute a Special Committee to manage the affairs of that State Bar Council. This Special Committee:

• is chaired by the ex officio member mentioned in Section 3(2)(a) (usually the Advocate-General of the State, or in the case of Delhi, the Additional Solicitor-General of India);
• includes two members nominated by the Bar Council of India from among the advocates whose names are on the electoral roll of that State Bar Council; and
• temporarily exercises all powers and functions of the State Bar Council, including control over its assets, funds, offices and pending proceedings, until a newly elected State Bar Council assumes office.

Recent amendment proposals seek to fine-tune these provisions by allowing the BCI, in exceptional situations (such as natural calamities or circumstances beyond the control of the Council), to grant further limited extensions, while still ensuring that elections are conducted within a reasonable outer time-limit.

Recent Developments Relating to State Bar Councils in India

1. Recent Legislative Developments

In recent years, Parliament has introduced and passed amendments to the Advocates Act which, while retaining the basic structure of State Bar Councils, modify the regulatory framework in which they function. Among these:

1. Advocates (Amendment) Act, 2023: This amendment repealed the Legal Practitioners Act, 1879 and incorporated the law relating to touts directly into the Advocates Act, 1961. The objective is to assist courts and Bar Councils in identifying and restricting touts in and around court premises, thereby protecting litigants from exploitation and improving ethical standards in legal practice.
2. Advocates (Amendment) Bill, 2025 (proposed): This Bill seeks to refine provisions relating to the tenure of State Bar Councils, the powers and functioning of Special Committees, and the eligibility or disqualification of advocates to become members of State Bar Councils or the Bar Council of India (for example, in cases of serious criminal conviction or proven professional misconduct).

These measures reflect a continuing attempt to modernise the regulatory regime governing State Bar Councils and to strengthen mechanisms against unethical practices within the profession.

2. Judicial Clarifications on Powers and Limits of State Bar Councils

Courts have, in a series of recent decisions, clarified the scope and limits of the powers of State Bar Councils:

• The Supreme Court has reiterated that disciplinary jurisdiction over advocates primarily vests in State Bar Councils and the Bar Council of India under Sections 35 and 36 of the Advocates Act. State Bar Councils are expected to deal promptly and fairly with complaints of misconduct, and their decisions are subject to statutory appeal and judicial review.
• High Courts have held that State Bar Councils cannot impose fees or charges which are not authorised by the Advocates Act, 1961 or validly framed rules. For instance, transfer fees or other levies not traceable to any statutory power have been struck down as illegal, reinforcing that State Bar Councils must operate strictly within their statutory mandate.
• Ongoing litigation has also raised questions about the extent to which the Bar Council of India can intervene in, or take over, State Bar Council elections. Petitioners argue that excessive interference by the BCI could undermine the democratic and representative character of State Bar Councils, which are intended to be largely self-governing bodies of the State Bar.

Collectively, these decisions underline that while State Bar Councils enjoy significant autonomy and authority, they are bound by the statute and constitutional principles and remain subject to judicial oversight.

3. Practical Developments: Online Enrolment and E-Governance

In practice, many State Bar Councils have introduced online and e-governance systems to improve efficiency, transparency and accessibility. Illustratively, several Councils now provide facilities for:

• online submission of enrolment applications by law graduates;
• electronic payment of enrolment, welfare fund and other statutory fees;
• issue and renewal of advocate identity cards through online portals; and
• processing of applications for transfer of enrolment from one State Bar Council to another.

These e-governance initiatives assist State Bar Councils in maintaining updated State rolls, managing welfare schemes and conducting elections more efficiently, while also making procedures easier for advocates across the State.

Also Read:

• Bar Council Of India: An Overview
• The Evolution and Unification of the Legal Profession in India
• State Bar Council: Structure and functions