Advocates Act, 1961 — back to Table of Contents
Section 49. General power of the Bar Council of India to make rules
(1) The Bar Council of India may make rules for discharging its functions under this Act, in particular prescribing —
- (a) conditions for voting at State Bar Council elections, and preparation/revision of electoral rolls;
- (ab) qualifications and disqualifications for Bar Council membership;
- (ac) time and manner for giving effect to the proviso to section 3(2);
- (ad) manner of preventing an advocate’s name being entered in more than one State roll;
- (ae) manner of determining seniority among advocates;
- (af) minimum qualifications for admission to a law degree course in a recognised University;
- (ag) the class/category of persons entitled to be enrolled as advocates;
- (ah) conditions for the right to practise and circumstances deemed to constitute practice as an advocate;
- (b) the form for applications to transfer an advocate’s name between State rolls;
- (c) standards of professional conduct and etiquette;
- (d) standards of legal education and inspection of Universities;
- (e) foreign law qualifications (of non-citizens) recognised for admission as an advocate;
- (f) procedure for disciplinary committees of State Bar Councils and of the Bar Council of India;
- (g) restrictions on senior advocates’ practice;
- (gg) form of dress/robes for advocates, having regard to climatic conditions;
- (h) fees leviable under this Act;
- (i) general principles for guidance of State Bar Councils and enforcement of Bar Council of India directions/orders;
- (j) any other prescribed matter.
Provisos: Rules under clause (c) or (gg) require Chief Justice of India approval; rules under clause (e) require Central Government approval.
(2) Rules made under clause (c) or (gg) in force immediately before the Advocates (Amendment) Act, 1973 continue in force until altered, repealed or amended under this Act.
