October 31, 2026

Section 8A – Advocates Act: Constitution of Special Committee in the Absence of Election

Advocates Act, 1961 — back to Table of Contents

Section 8A. Constitution of Special Committee in the absence of election

(1) Where a State Bar Council fails to hold elections before expiry of its term (or extended term) under section 8, the Bar Council of India shall, from the day following such expiry, constitute a Special Committee consisting of: (i) the ex officio member of the State Bar Council (the senior-most, where there is more than one) as Chairman; and (ii) two members nominated by the Bar Council of India from advocates on the electoral roll of the State Bar Council — to discharge the functions of the State Bar Council until it is reconstituted.

(2) On constitution of the Special Committee and until the State Bar Council is reconstituted: (a) all properties and assets of the State Bar Council vest in the Special Committee; (b) all rights, liabilities and obligations of the State Bar Council become those of the Special Committee; (c) all pending disciplinary or other proceedings stand transferred to the Special Committee.

(3) The Special Committee must, per directions of the Bar Council of India, hold elections to the State Bar Council within six months of its constitution; the Bar Council of India may extend this period for recorded reasons if elections cannot be held in time.

Note: Inserted by the Advocates (Amendment) Act, 1993, with effect from 26 December 1993.