Section 53 of the Advocates Act, 1961 - Elections to First State Bar Council

Section 53 of the Advocates Act, 1961 is a temporary and transitional provision dealing with the election of the first State Bar Council constituted under the Act. It identified the legal practitioners who could elect, and be elected as, the first elected members of such a Council.

Current statutory position: Section 53 continues to appear in Chapter VII of the Advocates Act, 1961, titled "Temporary and Transitional Provisions." Its function is historical and transitional, relating to constitution of a State Bar Council for the first time under the Act. Last reviewed: 6 September 2026.

What Is Section 53 of the Advocates Act, 1961?

Section 53 governed the special election process for the first State Bar Council constituted under the Advocates Act, 1961. Because the new statutory Bar Council system was replacing earlier professional structures, the provision temporarily allowed several categories of existing legal practitioners to participate in the first election.

The section begins with a non-obstante clause, meaning that it operates notwithstanding other provisions of the Act for this limited transitional purpose.

Important Terms and Legal Context

State Bar Council - Section 3 Section 3 provides for constitution of State Bar Councils for the States and specified territories under the Advocates Act, 1961.
Advocate Under Section 2(1)(a), an advocate means an advocate entered in any roll under the provisions of the Advocates Act, 1961.
Vakils, pleaders and attorneys These were recognized categories of legal practitioners under the pre-Advocates Act legal system and are referred to in Section 53 for the first transitional election.
Non-obstante clause The words "notwithstanding anything contained in this Act" give Section 53 overriding effect over inconsistent provisions of the Act for the limited purpose of the first State Bar Council election.

Section 53 - Elections to First State Bar Council

Notwithstanding anything contained in the Advocates Act, the elected members of a State Bar Council constituted for the first time under the Act were to be elected by and from among advocates, vakils, pleaders and attorneys who, on the date of the election:

  • were entitled as of right to practise in the High Court; and
  • were ordinarily practising within the territory for which the Bar Council was to be constituted.

Who Could Participate?

The provision did not limit the first election only to persons already enrolled as advocates under the new Act. It also included vakils, pleaders and attorneys who met the High Court practice and territorial practice requirements on the election date.

Explanation for a Territory Including a Union Territory

Where the territory for which the State Bar Council was to be constituted included a Union territory, the expression "High Court" included the court of the Judicial Commissioner of that Union territory.

This explanation ensured that existing practitioners before the relevant Judicial Commissioner's court were not excluded merely because the territory did not have a High Court in the ordinary sense used elsewhere in the Act.

Legal Effect and Transitional Character of Section 53

  • Section 53 was designed for the first constitution of a State Bar Council under the Advocates Act.
  • It temporarily broadened the electorate and eligible candidates to include advocates, vakils, pleaders and attorneys meeting the statutory conditions.
  • The provision required both a right to practise in the High Court and ordinary practice within the relevant territory.
  • Its placement in Chapter VII confirms its temporary and transitional character rather than operation as the ordinary rule for later State Bar Council elections.

Official Source

The current statutory text can be checked in the Government of India's India Code publication: Advocates Act, 1961 - Official India Code PDF.

This page is intended as a general statutory reference. Questions involving the historical constitution of a particular State Bar Council may require examination of commencement notifications, territorial reorganization laws and contemporaneous election rules.