Bar Council of India
Section 4 of the Advocates Act, 1961 deals with bar Council of India. There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:-- (a) the Attorney-General of India, ex officio; The Act came into force on 16 Aug 1961.
(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:--
(a) the Attorney-General of India, ex officio;
(b) the Solicitor-General of India, ex officio;
1* * * * *
(c) one member elected by each State Bar Council from amongst its members.
2[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.]
3[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.
(2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.]
4[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,--
(i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election 5[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and
(ii) in any other case, be for the period for which he holds office as a member of the State Bar Council:
Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.]
Section 4, The Advocates Act, 1961 (Act 25 of 1961).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat
Court's Decision & Legal Precedent
Bar Council of India, when exercising original jurisdiction over disciplinary proceedings automatically transferred to it under Section 36B(1) of the Advocates Act, 1961 due to non-disposal by State Bar Council within one year, cannot remand such proceedings back to the State Bar Council. The Bar Council of India is obliged to conduct the inquiry and dispose of the case on merits as if it were a proceeding withdrawn for inquiry under Section 36(2), and the power to remand is available only when Bar Council of India exercises appellate jurisdiction under Section 37, not when exercising original jurisdiction under Section 36B(1). The statutory transfer by operation of law confers original jurisdiction on Bar Council of India, and the legislative intent is that the complaint shall be finally decided by Bar Council of India and not sent back to State Bar Council.
On this section: Provides for establishment of Bar Council of India
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It is specifically stated in the regulations that marks once awarded in the internal assessment shall be final and no application for internal assessment shall be entertained on any ground after the end of the Semester. 11. The Bar Council of India, which is constituted under Section 4 of the Advocates Act, 1961, is granted the powers to oversee the legal profession in India. Among other functions of the Bar Council of India, Section 7(i) of the Act states that the Bar Council of India is to recognize Universities whose degree in law shall be a qualification for enrolment as an Advocate and for …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 4
What have the courts held on Section 4 of the Advocates Act?
Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat (06 Apr 2017) is the leading judgment on this section among those set out below: Provides for establishment of Bar Council of India.
How do I find court cases under Section 4 of the Advocates Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Advocates Act 1961 4, section 4 Advocates Act 1961, section 4 of the Advocates Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat (06 Apr 2017).
What should I read with Section 4 of the Advocates Act, and has it changed?
Its own text turns on section 3 (State Bar Councils), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently BAR COUNCIL OF INDIA RULES PART-I TO III (2009).
When did Section 4 of the Advocates Act come into force?
Section 4 of the Advocates Act, cited as Advocates Act 1961 4, came into force on 16 Aug 1961, having been enacted on 19 May 1961. It is in force as at the date shown on this page.
Other sections of this Act
- 24. Persons who may be admitted as advocates on a State roll867 words
- 3. State Bar Councils815 words
- 58A. Special provisions with respect to certain advocates572 words
- 50. Repeal of certain enactments564 words
- 42. Powers of disciplinary committee560 words
- 49. General power of the Bar Council of India to make rules514 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.