Section 56 of the Advocates Act, 1961 - Dissolution of Existing Bar Councils

Section 56 of the Advocates Act, 1961 is a transitional provision dealing with the replacement of pre-existing High Court Bar Councils by State Bar Councils constituted under the Act. It transfers property, assets, rights, liabilities, obligations and pending proceedings to the new State Bar Council.

Current statutory position: Section 56 continues to appear in Chapter VII, "Temporary and Transitional Provisions." It applies to a State Bar Council constituted under the Act other than the Bar Council of Delhi. Last reviewed: 6 September 2026.

What Is Section 56 of the Advocates Act, 1961?

Section 56 provided the legal machinery for institutional succession when a State Bar Council was constituted under the Advocates Act, 1961. Instead of requiring separate transfers of property, contracts and pending matters, the section caused those matters to pass automatically from the corresponding earlier Bar Council to the new State Bar Council.

The provision excludes the Bar Council of Delhi from its operation.

Important Statutory Terms

State Bar Council - Section 3 A State Bar Council is a Bar Council constituted under Section 3 of the Advocates Act, 1961 for the State or territory concerned.
New Bar Council In Section 56(1), the State Bar Council constituted under the Advocates Act, other than the Bar Council of Delhi, is referred to as the "new Bar Council."
Corresponding Bar Council Section 56(2) defines this as the Bar Council for the High Court in the territory for which the new State Bar Council is constituted.
Pending proceedings The provision includes disciplinary proceedings and other matters pending before the corresponding Bar Council at the time of transition.

Section 56(1) - Effect of Constitution of a New State Bar Council

On constitution under the Advocates Act of a State Bar Council, other than the Bar Council of Delhi, the statute automatically provides for institutional succession from the corresponding Bar Council to the new Bar Council.

Clause (a) - Transfer of Property and Assets

All property and assets vesting in the corresponding Bar Council vest in the new Bar Council. The statutory transfer avoids the need for separate conveyances or assignments merely to continue ownership in the successor institution.

Clause (b) - Rights, Liabilities and Obligations

All rights, liabilities and obligations of the corresponding Bar Council, whether arising from contract or otherwise, become the rights, liabilities and obligations of the new Bar Council.

This means the successor Council takes over both the benefits and burdens attached to the earlier Bar Council's legal position.

Clause (c) - Transfer of Pending Proceedings

Every proceeding pending before the corresponding Bar Council, whether concerning a disciplinary matter or otherwise, stands transferred to the new Bar Council.

The provision therefore preserves procedural continuity and prevents pending matters from lapsing merely because the institutional structure has changed.

Section 56(2) - Meaning of "Corresponding Bar Council"

For a State Bar Council other than the Bar Council of Delhi, the "corresponding Bar Council" means the Bar Council for the High Court in the territory for which the State Bar Council is constituted under the Advocates Act.

Key Legal Effect

  • Section 56 creates statutory succession from the earlier High Court Bar Council to the new State Bar Council.
  • Property and assets vest automatically in the new Council.
  • Rights, liabilities and obligations pass to the new Council, whether contractual or otherwise.
  • Pending disciplinary and other proceedings continue before the new Council through automatic statutory transfer.
  • The Bar Council of Delhi is expressly excluded from Section 56.

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. Historical questions about the transfer of a particular asset, liability or disciplinary proceeding may require examination of the relevant State Bar Council constitution date, contemporaneous records and applicable judicial decisions.