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Section 6 of the Advocates Act, 1961 - Functions of State Bar Councils

Section 6 of the Advocates Act, 1961 sets out the principal statutory functions of every State Bar Council in India. These functions include enrolment and maintenance of the State roll of advocates, disciplinary jurisdiction, protection of advocates' rights and interests, welfare measures, legal aid, law reform, management of funds, elections, university inspection and other duties conferred by the Act.

Section 6 in brief: A State Bar Council is responsible not only for admitting advocates and maintaining the roll, but also for professional discipline, advocate welfare, legal aid, law reform, legal education-related inspection, administration of funds and performance of all other functions assigned under the Advocates Act, 1961.

Text of Section 6 - Functions of State Bar Councils

(1) The functions of a State Bar Council shall be:

  1. to admit persons as advocates on its roll;
  2. to prepare and maintain such roll;
  3. to entertain and determine cases of misconduct against advocates on its roll;
  4. to safeguard the rights, privileges and interests of advocates on its roll;
  5. to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7;
  6. to promote and support law reform;
  7. to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;
  8. to organise legal aid to the poor in the prescribed manner;
  9. to manage and invest the funds of the Bar Council;
  10. to provide for the election of its members;
  11. to visit and inspect universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;
  12. to perform all other functions conferred on it by or under this Act;
  13. to do all other things necessary for discharging the aforesaid functions.

(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of:

  1. giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates;
  2. giving legal aid or advice in accordance with the rules made in this behalf;
  3. establishing law libraries.

(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2), which shall be credited to the appropriate fund or funds constituted under that sub-section.

Meaning and Scope of Section 6

Section 6 defines the institutional responsibilities of a State Bar Council. The section combines regulatory, disciplinary, representative, welfare, educational and administrative functions. It therefore operates as one of the central provisions governing how State Bar Councils perform their statutory role under the Advocates Act, 1961.

Definitions and Explanation of the Main Clauses

Admission of persons as advocates

A State Bar Council is responsible for admitting eligible persons as advocates on its roll, subject to the eligibility requirements and enrolment provisions contained elsewhere in the Advocates Act and the applicable rules.

Preparation and maintenance of the State roll

The State roll is the statutory record of advocates enrolled with the State Bar Council. Section 6 requires the Council to prepare and maintain that roll in accordance with the Act.

Misconduct proceedings

A State Bar Council has a statutory role in entertaining and determining cases of professional misconduct concerning advocates on its roll. This function must be read with the disciplinary provisions of the Advocates Act.

Rights, privileges and interests of advocates

The Council must safeguard the professional rights, privileges and legitimate interests of advocates enrolled on its roll.

Promotion of Bar Associations

Section 6 requires the State Bar Council to promote the growth of Bar Associations so that advocate welfare schemes can be implemented effectively.

Law reform

A State Bar Council is empowered to promote and support reforms in the law. This may involve institutional participation in proposals and discussions concerning legal development and improvement.

Seminars, legal talks and publications

The Council may conduct seminars, organise talks by eminent jurists and publish journals and papers dealing with matters of legal interest.

Legal aid to the poor

Section 6 assigns State Bar Councils a role in organising legal aid for persons who are unable to afford legal assistance, in the manner prescribed under the applicable rules.

Management and investment of funds

A State Bar Council must manage and invest its funds in accordance with the Advocates Act and the rules governing its financial administration.

Election of members

The State Bar Council is responsible for providing for the election of its members in accordance with the statutory election framework.

Inspection of universities

A State Bar Council may visit and inspect universities in accordance with directions given by the Bar Council of India under Section 7(1)(i). This function connects State Bar Councils with the statutory framework concerning legal education.

Other statutory and incidental functions

Section 6 also authorises State Bar Councils to perform all other functions conferred by or under the Advocates Act and to do everything reasonably necessary to discharge their listed functions.

Funds for Advocate Welfare, Legal Aid and Law Libraries

Under Section 6(2), a State Bar Council may constitute one or more prescribed funds. These funds may be used for three specified purposes: welfare schemes for indigent, disabled or other advocates; legal aid or legal advice; and establishment of law libraries.

Section 6(3) further permits the Council to receive grants, donations, gifts or benefactions for these purposes. Amounts received for such purposes are to be credited to the appropriate fund constituted under Section 6(2).

Important Terms Used in Section 6

State Bar Council
A statutory Bar Council constituted under Section 3 of the Advocates Act, 1961.
Roll of advocates
The statutory roll maintained by the State Bar Council containing the names and prescribed particulars of advocates enrolled with it.
Professional misconduct
Conduct by an advocate that may attract disciplinary jurisdiction under the Advocates Act and applicable professional conduct rules.
Prescribed manner
A manner prescribed by rules made under the Advocates Act, as applicable to the particular function or fund.
Welfare schemes
Schemes intended to provide financial or other assistance to categories of advocates referred to in Section 6(2)(a).
Legal aid
Legal assistance or advice organised or supported in accordance with the Advocates Act and the rules made for that purpose.

Relationship with Other Provisions of the Advocates Act

Section 6 should be read with Section 3, which provides for State Bar Councils, and Section 5, which gives every Bar Council corporate status. It is also closely connected with Section 7, which sets out the functions of the Bar Council of India.

In particular, the university inspection function in Section 6(1)(gg) operates in accordance with directions issued under Section 7(1)(i). The welfare provisions in Section 6 also refer to related welfare functions under Section 7.

Official Reference

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

India Code - The Advocates Act, 1961

Note: This article explains Section 6 for general legal information. Questions concerning enrolment, disciplinary proceedings, elections, welfare funds or legal education may also require examination of other provisions of the Advocates Act, Bar Council of India Rules, State Bar Council rules, notifications and relevant judicial decisions.