Advocates Act, 1961 - Chapter II: Bar Councils
Section 10 of the Advocates Act, 1961: Constitution of Committees Other Than Disciplinary Committees
Section 10 of the Advocates Act, 1961 specifies the standing committees that must be constituted by every State Bar Council and by the Bar Council of India. It also authorizes both bodies to create additional committees from among their members when necessary to carry out the Act.
In brief: State Bar Councils must have an Executive Committee and an Enrolment Committee. The Bar Council of India must have an Executive Committee and a Legal Education Committee. Both may also constitute additional committees for purposes connected with the Advocates Act.
Text of Section 10
Section 10 - Constitution of committees other than disciplinary committees
(1) A State Bar Council shall constitute the following standing committees, namely:-
(a) an executive committee consisting of five members elected by the Council from amongst its members;
(b) an enrolment committee consisting of three members elected by the Council from amongst its members.
(2) The Bar Council of India shall constitute the following standing committees, namely:-
(a) an executive committee consisting of nine members elected by the Council from amongst its members;
(b) a legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persons co-opted by the Council who are not members thereof.
(3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.
Meaning and explanation of Section 10
1. State Bar Council Executive Committee
Under Section 10(1)(a), every State Bar Council must constitute an Executive Committee consisting of five members. All five are elected by the State Bar Council from among its own members.
2. State Bar Council Enrolment Committee
Section 10(1)(b) requires every State Bar Council to constitute an Enrolment Committee consisting of three members elected from among the members of the Council. This committee structure is connected with the State Bar Council's statutory functions relating to admission and enrolment of advocates.
3. Bar Council of India Executive Committee
Under Section 10(2)(a), the Bar Council of India must constitute an Executive Committee consisting of nine members elected by the Council from among its members.
4. Bar Council of India Legal Education Committee
Section 10(2)(b) requires a ten-member Legal Education Committee. Five members are elected by the Bar Council of India from among its members and five are co-opted persons who are not members of the Council. This mixed composition permits participation by persons outside the Council in matters of legal education.
5. Other committees
Section 10(3) gives both State Bar Councils and the Bar Council of India power to constitute other committees from among their members where considered necessary for carrying out the provisions of the Advocates Act.
Committee composition at a glance
| Bar Council | Committee | Composition |
|---|---|---|
| State Bar Council | Executive Committee | 5 members elected from among Council members |
| State Bar Council | Enrolment Committee | 3 members elected from among Council members |
| Bar Council of India | Executive Committee | 9 members elected from among Council members |
| Bar Council of India | Legal Education Committee | 10 members: 5 elected Council members and 5 co-opted non-members |
How Section 10 differs from disciplinary and legal aid committees
Section 10 expressly concerns committees other than disciplinary committees. Disciplinary committees are separately governed by Section 9. Legal aid committees are dealt with separately in Section 9A.
Related provisions
- Section 2 contains definitions used throughout the Advocates Act.
- Section 3 deals with constitution of State Bar Councils.
- Section 4 deals with constitution of the Bar Council of India.
- Section 6 specifies functions of State Bar Councils.
- Section 7 specifies functions of the Bar Council of India, including functions relating to legal education.
- Section 10A governs transaction of business by Bar Councils and their committees.
- Section 15 deals with the power of Bar Councils to make rules.
Official source
The current central text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
The Bar Council of India Rules published through India Code may also be consulted for procedural provisions governing committees: India Code - Bar Council of India Rules, Part I to Part III.
Legal note: Section 10 establishes the statutory committee structure. The detailed powers, procedure, tenure and functioning of a particular committee may also depend on other provisions of the Advocates Act and the applicable Bar Council of India Rules.