Section 8A of the Advocates Act, 1961: Special Committee When a State Bar Council Election Is Not Held

Section 8A of the Advocates Act, 1961 provides a statutory mechanism for continuity of a State Bar Council when elections are not completed before the expiry of the five-year term or an extended term under Section 8. In that situation, the Bar Council of India must constitute a Special Committee to discharge the functions of the State Bar Council until a new Council is constituted.

What does Section 8A provide?

In brief: If a State Bar Council does not complete the election of its members before the expiry of the term referred to in Section 8, the Bar Council of India must constitute a Special Committee from the next day. The Committee temporarily performs the functions of the State Bar Council and must conduct elections within the statutory period.

Section 8A(1): Constitution and composition of the Special Committee

Where a State Bar Council fails to provide for the election of its members before expiry of the five-year term or an extended term under Section 8 of the Advocates Act, 1961, the Bar Council of India is required to constitute a Special Committee from the date immediately following the expiry of that term.

The Special Committee consists of:

Chairman: the ex officio member of the State Bar Council referred to in Section 3(2)(a). Where there is more than one ex officio member, the senior-most among them is to be the Chairman.
Two nominated members: two advocates nominated by the Bar Council of India from among advocates whose names are on the electoral roll of the State Bar Council.

The purpose of this arrangement is to ensure that the functions of the State Bar Council continue to be discharged until the newly elected State Bar Council is constituted under the Act.

Section 8A(2): Transfer of assets, liabilities and pending proceedings

Once the Special Committee is constituted, and until the State Bar Council is reconstituted, the law transfers the institutional position of the State Bar Council to the Special Committee for continuity of administration.

Property and assets: all properties and assets vesting in the State Bar Council vest in the Special Committee.
Rights, liabilities and obligations: all rights, liabilities and obligations of the State Bar Council, whether contractual or otherwise, become the rights, liabilities and obligations of the Special Committee.
Pending proceedings: all proceedings pending before the State Bar Council, including disciplinary matters and other proceedings, stand transferred to the Special Committee.

This subsection prevents a legal or administrative vacuum merely because the elected term of a State Bar Council has expired without a successor Council being constituted.

Section 8A(3): Election must ordinarily be held within six months

The Special Committee must, in accordance with directions issued by the Bar Council of India, hold elections to the State Bar Council within six months from the date on which the Special Committee is constituted.

If the Special Committee is unable to conduct the election within that six-month period, the Bar Council of India may extend the period. However, the statute expressly requires the Bar Council of India to record its reasons for the extension in writing.

Important: The six-month period in Section 8A(3) applies to the Special Committee's obligation to hold elections after its constitution. It is distinct from the possible extension of the elected members' term under Section 8.

How Section 8 and Section 8A work together

Section 8 fixes the term of office of an elected member of a State Bar Council at five years from publication of the election result. If the State Bar Council fails to provide for an election before the expiry of that term, the Bar Council of India may, for reasons recorded in writing, extend the term for a period not exceeding six months.

If an election is still not provided for before expiry of the original or extended term, Section 8A becomes operative. The Bar Council of India must then constitute the Special Committee from the following day.

Meaning of key expressions in Section 8A

State Bar Council

A State Bar Council is a statutory Bar Council constituted under Section 3 of the Advocates Act, 1961 for the State or group of States or Union territories specified in that provision.

Ex officio member

For purposes of Section 8A(1)(i), the relevant ex officio member is the member referred to in Section 3(2)(a). Section 8A provides that this member serves as Chairman of the Special Committee, subject to the seniority rule where there is more than one ex officio member.

Electoral roll

The electoral roll is the roll used for elections to the State Bar Council. Section 8A requires the two nominated members of the Special Committee to be selected from advocates on that electoral roll.

Special Committee

The Special Committee is a temporary statutory body constituted by the Bar Council of India under Section 8A. It is not a replacement for an elected State Bar Council on a permanent basis; its role continues until the State Bar Council is constituted in accordance with the Act.

Purpose and legal effect of Section 8A

Section 8A serves two connected purposes. First, it ensures institutional continuity when the elected term of a State Bar Council ends without a successor Council being ready to assume office. Second, it creates a statutory mechanism for completing the delayed election under the supervision and directions of the Bar Council of India.

The provision therefore preserves administration, property, contractual and other legal rights and obligations, disciplinary matters and other proceedings during the transitional period.

Official reference

The current text of the Advocates Act, 1961 can be verified from the Government of India's official India Code publication of the Advocates Act, 1961.

Legal information note: This article explains Section 8A in accessible language. For authoritative use, verify the latest statutory text, amendments, rules, notifications and applicable judicial decisions from official sources.