Home > Advocates Act, 1961 > Section 4

Section 4 of the Advocates Act, 1961 - Bar Council of India

Section 4 of the Advocates Act, 1961 establishes the Bar Council of India and sets out its composition, eligibility requirements for elected members, election of the Chairman and Vice-Chairman, and the term of office of members elected by State Bar Councils.

Section 4 in brief: The Bar Council of India consists of the Attorney-General of India and Solicitor-General of India as ex officio members, together with one member elected by each State Bar Council from among its members. The Council elects its own Chairman and Vice-Chairman.

Section 4(1) - Constitution of the Bar Council of India

(1) There shall be a Bar Council for the territories to which this Act extends, to be known as the Bar Council of India, consisting of:

  1. the Attorney-General of India, ex officio;
  2. the Solicitor-General of India, ex officio;
  3. clause (bb), omitted by the Advocates (Amendment) Act, 1977 with effect from 31-10-1977; and
  4. one member elected by each State Bar Council from among its members.

Definitions and Explanation of Key Expressions

Bar Council of India

The Bar Council of India is the central statutory Bar Council constituted under Section 4 for the territories to which the Advocates Act extends. It is separately defined in Section 2(1)(e).

Ex officio member

An ex officio member becomes a member because that person holds a specified public office. Under Section 4(1), the Attorney-General of India and Solicitor-General of India are members in this capacity.

Elected member from a State Bar Council

Each State Bar Council elects one of its own members to represent it on the Bar Council of India.

Eligibility under Section 4(1A)

An elected representative must satisfy the experience qualification referred to in the proviso to Section 3(2), linking eligibility for election to the Bar Council of India with the statutory experience requirement applicable to State Bar Council representation.

Chairman and Vice-Chairman

These are the elected office-bearers of the Bar Council of India. Section 4(2) requires the Council to elect them in the prescribed manner.

Term of office

Section 4(3) ties the tenure of an elected Bar Council of India member to that person's position on the State Bar Council, subject to the special two-year rule for ex officio State Bar Council members and the successor-continuation proviso.

Section 4(1A) - Eligibility for Election

(1A) No person is eligible to be elected as a member of the Bar Council of India unless that person possesses the qualifications specified in the proviso to Section 3(2).

This provision links membership of the national Bar Council with the experience requirement applicable to elected State Bar Council members. It should therefore be read together with Section 3.

Section 4(2) - Chairman and Vice-Chairman

(2) The Bar Council of India shall have a Chairman and a Vice-Chairman elected by the Council in the prescribed manner.

The provision makes the leadership of the Bar Council of India an elected internal office. The Attorney-General and Solicitor-General are ex officio members but do not automatically become Chairman or Vice-Chairman by virtue of those offices.

Section 4(2A) - Transitional Provision of 1977

(2A) This is a historical transitional provision linked to the commencement of the Advocates (Amendment) Act, 1977. It provided for the cessation of the then Chairman and Vice-Chairman while allowing them to continue performing duties until newly elected office-bearers assumed charge.

Section 4(3) - Term of Office of Elected Members

(3) The term of office of a member of the Bar Council of India elected by a State Bar Council is:

  1. where the person is an ex officio member of the State Bar Council, two years from the date of election or until that person ceases to be a member of the State Bar Council, whichever is earlier; and
  2. in any other case, for the period during which that person continues to hold office as a member of the State Bar Council.

Proviso: Every such member continues in office as a member of the Bar Council of India until a successor is elected.

Practical Effect of Section 4

  • It creates the national statutory Bar Council for India.
  • It combines central law officers and representatives elected by State Bar Councils.
  • It requires elected representatives to satisfy the statutory experience qualification.
  • It provides for elected leadership through a Chairman and Vice-Chairman.
  • It links the tenure of elected members to their status on the State Bar Council while preventing a vacancy merely because a successor has not yet been elected.

How Section 4 Relates to Other Provisions

Section 4 works closely with Section 2, which defines the Bar Council of India; Section 3, which creates State Bar Councils and contains the experience qualification referred to in Section 4(1A); Section 5, which gives every Bar Council corporate status; and Section 7, which sets out the functions of the Bar Council of India.

Official Legal Reference

The current central text of the Advocates Act, 1961 can be checked on India Code, the official legislative database of the Government of India.

India Code - Advocates Act, 1961 PDF

Note: This article explains Section 4 for general legal information. Questions concerning election, eligibility, tenure or functioning of the Bar Council of India may also require examination of the Bar Council of India Rules, amendments, notifications and relevant judicial decisions.