Term of office of members of State Bar Council
Section 8 of the Advocates Act, 1961 deals with 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 thereof referred to in section 54) shall be five years from the date of publication of the result of his election: Provided that where a State Bar Council fails to provide for the election of its members bef The Act came into force on 16 Aug 1961.
1[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 thereof referred to in section 54) shall be five years from the date of publication of the result of his election:
Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months.]
Section 8, 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.
This section refers to
Referred to by 1
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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Babu Verghese & Anr. v. Bar Council of Kerala & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 1999-03-16 (order-1.pdf) — get_order_ai_analysis DATE VERIFIED index/body agree. SC: s.8 five-year term of State Bar Council members is imperative. Extension (not exceeding six months) must be validly granted before the original term expires; post-expiry confirmation cannot revive an expired Council. BCI Rule 6 circulation requires majority opinion before the deadline. Kerala Bar Council elections held after an invalid/late extension quashed; BCI directed to appoint Special Committee under s.8A.
On this section: s.8 — State Bar Council term continuity depends on timely, majority-approved extension before expiry; elections by a Council whose term has lapsed without valid extension are void.
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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… As discernible from Section 48B of the Advocates Act, this power includes supervision, control and giving directions. This is not an akin to the power under Section 8 of the Advocates Act. Invoking Section 8 of the Advocates Act, the Bar Council is only extending the term of the office of the State Bar Council for a period of six months. In that process, the Bar Council of India cannot interfere with the normal functions carried out by the State Bar Council except under supervisory exercise of power as referred to under …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 8
What have the courts held on Section 8 of the Advocates Act?
Babu Verghese & Anr. v. Bar Council of Kerala & Ors. (16 Mar 1999) is the leading judgment on this section among those set out below: s.8 — State Bar Council term continuity depends on timely, majority-approved extension before expiry; elections by a Council whose term has lapsed without valid extension are void.
How do I find court cases under Section 8 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 8, section 8 Advocates Act 1961, section 8 of the Advocates Act. People searching for it also type advocate act section 8. 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 Babu Verghese & Anr. v. Bar Council of Kerala & Ors. (16 Mar 1999).
What should I read with Section 8 of the Advocates Act, and has it changed?
Its own text turns on section 54 (Term of office of members of first State Bar Councils), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 2 instruments name it without being made under it, most recently BAR COUNCIL OF INDIA RULES PART-I TO III (2009), then BAR COUNCIL OF INDIA RULES PART-V TO IX (2009).
When did Section 8 of the Advocates Act come into force?
Section 8 of the Advocates Act, cited as Advocates Act 1961 8, 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 20 Oct 2026. This page is not a substitute for legal advice.