Section 48B of the Advocates Act, 1961 - Power to Give Directions

Section 48B of the Advocates Act, 1961 gives the Bar Council of India supervisory authority to issue necessary directions to a State Bar Council or any of its committees for the proper and efficient discharge of their statutory functions. It also contains a specific mechanism for directions where a State Bar Council is unable to perform its functions.

Legal provision: Section 48B, Advocates Act, 1961 (Act No. 25 of 1961). This page reflects the statutory text available from the official India Code repository as checked on 6 September 2026.

Text of Section 48B - Power to give directions

(1) For the proper and efficient discharge of the functions of a State Bar Council or any committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with such directions.

(2) Where a State Bar Council is unable to perform its functions for any reason whatsoever, the Bar Council of India may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything contained in the rules made by the State Bar Council.

Meaning and scope of Section 48B

Section 48B is a supervisory provision. It enables the Bar Council of India to ensure that State Bar Councils and their committees discharge the functions assigned to them under the Advocates Act, 1961. The provision operates through binding directions where the Bar Council of India considers such directions necessary for proper and efficient functioning.

Section 48B(1): General supervision and control

Sub-section (1) applies to a State Bar Council as well as to any committee of a State Bar Council. The statutory power is linked to the Bar Council of India's general supervision and control. A direction may be issued when it appears necessary for the proper and efficient discharge of the relevant functions, and the State Bar Council or committee is required by the section to comply with that direction.

Section 48B(2): When a State Bar Council cannot function

Sub-section (2) addresses a situation in which a State Bar Council is unable to perform its functions for any reason whatsoever. In that situation, the Bar Council of India may give necessary directions to the ex officio member of the State Bar Council. The provision expressly states that such directions have effect notwithstanding anything contained in the rules made by the State Bar Council.

Key points under Section 48B

  • The power belongs to the Bar Council of India.
  • Directions may be given to a State Bar Council or any of its committees under sub-section (1).
  • The purpose is the proper and efficient discharge of statutory functions.
  • The State Bar Council or committee must comply with directions issued under sub-section (1).
  • If a State Bar Council is unable to perform its functions, directions may be issued to its ex officio member under sub-section (2).
  • Directions under sub-section (2) operate notwithstanding contrary provisions in rules made by the State Bar Council.

Section 48B should be read in the wider statutory framework governing supervision, revision and rule-making. Nearby provisions include Section 48A - Power of revision, Section 48AA - Review, Section 49 - General power of the Bar Council of India to make rules, and Section 49A - Power of Central Government to make rules.

Section 49 is particularly relevant because it authorizes rules concerning general principles for the guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced.

Official source

For the current statutory text and legislative material, refer to the India Code portal, Legislative Department, Ministry of Law and Justice, Government of India.

Note: This article is intended as a statutory reference and general legal information. For a dispute involving the validity, scope or enforcement of a particular direction, the facts, applicable rules, orders and judicial decisions should also be examined.