Karnataka State Bar Council
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THE ADVOCATES ACT, 1961
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4. Bar Council of India
    (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;
      (bb) [Omitted by Act 38 of1977]
      (c) one member elected by each State Bar Council from amongst its members.

    1[(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.]

    2[(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.]

    3[(3) The term of office of a member of the Bar Council ofIndia 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 1[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 as a member of the Bar Council of India until his successor is elected.]

    COMMENTS

    This clause provides for the establishment of an All-India Bar Council. The composition of the Bar Council is on the lines recommended by the All-India Bar Committee. The All-India Bar Committee has suggested that each State Bar Council should send one representative to the All-India Bar Council and where there are more than one thousand advocates on the roll of a State Bar Council, it should be entitled to send one additional representative. In view of a large number of persons having joined the legal profession in recent years and several States having become larger units on account of the recent reorganisation of States, the number of one thousand has been changed to three thousand."-SOR, Gaz. of'lndia, 19-11-1959, Pt. II, s. 2, Ext., p. 1187.

    In view of the decision of the Committee that Judges should not be represented on a Bar Council, original sub-cl. (a), which gives representation to Judges of the Supreme Court on the Bar Council of India, has been omitted. Since there will be a separate Bar Council for Delhi, original sub-cl. (d), which gives representation to the Supreme Court Bar Association on the Bar Council of India, has also been omitted. The Committee feels that the representation given to State Bar Councils on the Bar Council of India should be of a uniform pattern and that no distinction should be made between States, which have a large number of advocates and those which have a smaller number of advocates. Original sub-cl. (f) has accordingly been omitted.-J.C.R.-Gaz. of Ind., 28-3-1960, Pt. II, s. 2, Ext., p. 248.


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