Advocates Act, 1961 - Chapter II: Bar Councils
Section 10B of the Advocates Act, 1961: Disqualification of Members of Bar Council
Section 10B of the Advocates Act, 1961 provides when an elected member of a Bar Council is deemed to have vacated office. The provision covers repeated absence without sufficient excuse, removal of the member's name from the roll of advocates, and any other disqualification created by rules made by the Bar Council of India.
In brief: Section 10B is a statutory vacation-of-office provision. It operates when one of the specified disqualifying events occurs in relation to an elected member of a Bar Council.
Text of Section 10B
Section 10B - Disqualification of members of Bar Council
An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such Council, or if his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the Bar Council of India.
What does Section 10B mean?
The section identifies circumstances in which an elected Bar Council member cannot continue in office. The consequence is not merely a temporary restriction: the statute treats the office as having been vacated once the relevant condition is attracted.
1. Absence from three consecutive meetings
A member may be treated as having vacated office when the Bar Council declares that the member was absent, without sufficient excuse, from three consecutive meetings of that Council. The statutory wording therefore requires both repeated absence and a declaration by the concerned Bar Council.
2. Removal of name from the roll of advocates
If the member's name is removed from the roll of advocates for any cause, Section 10B provides that the elected member is deemed to have vacated office. The provision connects continued membership of the Bar Council with continued status on the advocates' roll.
3. Disqualification under Bar Council of India rules
Section 10B also recognizes disqualifications created by rules made by the Bar Council of India. This makes the statutory provision operate together with the applicable Bar Council of India Rules concerning eligibility, disqualification, electoral rolls and vacation of office.
Relevant definitions and connected provisions
| Provision | Relevance to Section 10B |
|---|---|
| Section 2 - Definitions | Contains statutory definitions used throughout the Advocates Act, including terms relating to Bar Councils and advocates. |
| Section 3 - State Bar Councils | Deals with constitution of State Bar Councils and elected membership. |
| Section 4 - Bar Council of India | Provides for constitution of the Bar Council of India. |
| Section 15 - Power to make rules | Provides rule-making powers relating to Bar Council business and other matters under the Act. |
Current Bar Council of India rule context
The Bar Council of India has separate rules dealing with electoral rolls, disqualification of membership and vacation of office. India Code hosts the Bar Council of India Rules, Part I to Part III, including Part III, Chapter I, which is framed under provisions including Section 10B.
In 2025, the Bar Council of India also amended Rule 4 of its 2023 election rules concerning qualification and disqualification for membership of State Bar Councils and the Bar Council of India. The amended rule addresses matters including disciplinary punishment, conviction, serious pending criminal cases, regular legal practice and other specified eligibility conditions.
A further Gazette clarification issued in December 2025 stated, for that election rule, that a criminal case is treated as "pending" where the investigating agency has submitted a charge-sheet and the competent court has framed charges.
Official legal sources
- India Code - Advocates Act, 1961
- India Code - Bar Council of India Rules, Part I to Part III
- eGazette of India - Official Gazette portal - see Gazette ID CG-DL-E-30102025-267278 for the October 2025 Rule 4 amendment and Gazette ID CG-DL-E-19122025-268638 for the December 2025 clarification.
Practical effect of Section 10B
Section 10B protects the institutional functioning of Bar Councils by ensuring that an elected member continues in office only while satisfying the statutory and rule-based conditions for membership. The three principal statutory triggers are unexplained absence from three consecutive meetings after declaration by the Council, removal from the roll of advocates, and disqualification under applicable Bar Council of India rules.
Legal note: Election and membership rules can be amended by notification and may also be the subject of court proceedings. For an actual Bar Council election, disqualification dispute or vacancy question, the current Act, applicable Bar Council of India Rules, latest Gazette notifications and binding court orders should be checked together.