Section 8 of the Advocates Act, 1961: Term of Office of Members of State Bar Council
Section 8 of the Advocates Act, 1961 fixes the tenure of an elected member of a State Bar Council and provides a limited power to extend that term where the State Bar Council fails to provide for election of its members before expiry of the statutory term.
What does Section 8 provide?
Section 8 - Term of office of members of State Bar Council:
The term of office of an elected member of a State Bar Council, other than an elected member referred to in Section 54, is five years from the date of publication of the result of the member's election.
Where a State Bar Council fails to provide for the election of its members before expiry of that term, the Bar Council of India may, by order and for reasons recorded in writing, extend the term for a period not exceeding six months.
Meaning of the five-year term
The statutory period is counted from the date of publication of the election result, not merely from the polling date, declaration at the counting centre, first meeting of the Council, or assumption of office.
Who is covered by Section 8?
Section 8 applies to an elected member of a State Bar Council, subject to the statutory exception for an elected member referred to in Section 54. Section 54 concerns members of the first State Bar Councils constituted under the Act and is a transitional provision.
The constitution of State Bar Councils, including elected and ex officio members, is dealt with in Section 3 of the Advocates Act, 1961.
When can the Bar Council of India extend the term?
The proviso to Section 8 applies where a State Bar Council fails to provide for election of its members before expiry of the five-year term. In that situation, the Bar Council of India has discretion to extend the term.
The extension power is subject to two express statutory safeguards:
- Reasons must be recorded in writing. The extension cannot be treated as an automatic continuation of office.
- The extension cannot exceed six months. Section 8 does not authorise an unlimited continuation of the elected Council.
What happens if election is still not held after the term expires?
If the State Bar Council fails to provide for election before expiry of the five-year term or an extended term under Section 8, Section 8A becomes relevant.
Under Section 8A, the Bar Council of India is required to constitute a Special Committee from the date immediately following expiry of the relevant term. The Special Committee temporarily discharges the functions of the State Bar Council and is required to conduct elections in accordance with the statutory framework.
Section 8 and Section 8A: practical difference
- Section 8: governs the ordinary five-year tenure of elected members and permits a written-reasons extension of up to six months.
- Section 8A: applies after the five-year term or validly extended term expires without the election being provided for, and requires constitution of a Special Committee.
Legislative history of Section 8
The present Section 8 was substituted by the Advocates (Amendment) Act, 1993 (Act 70 of 1993), section 4, with effect from 26 December 1993. The substituted provision expressly fixes the five-year term and provides the present mechanism for a limited extension by the Bar Council of India.
Why Section 8 is important
Section 8 provides certainty about the democratic tenure of elected members of State Bar Councils while allowing a narrowly limited extension where an election cannot be provided for before expiry of the term. The requirement of written reasons and the six-month ceiling are important statutory controls on the extension power.
The section must therefore be read together with provisions governing the constitution of State Bar Councils, their functions, elections and the Special Committee mechanism in the absence of timely election.
Related provisions
For a complete understanding of the statutory scheme, see Section 3 - State Bar Councils, Section 6 - Functions of State Bar Councils, Section 8A - Special Committee in the absence of election and Section 14 - Election to Bar Councils not to be questioned on certain grounds.
Official reference
The current statutory text can be verified from the Government of India's official India Code publication of the Advocates Act, 1961.