About the Bar Council

(3) Notwithstanding anything contained in sub-section (1) a person who—

(a) has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time to be enrolled under any law as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or

(aa)before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the saidn date; or

(c)before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935: or

(d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may De admitted as an advocate on a State roll if he—

(i) makes an application for such enrolment in accordance with the provisions of this Act; and (ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). (4) omitted;

h). Disciplinary Committees :

One of the important functions of the State Bar Council is to lay down standards of professional conduct and etiquette for Advocates under section 7(1)(b)© and (d) read with Section 49 (1)© of the Advocates Act. 1961. For this purpose u/s 35 of the Act complaints against Advocates for professional and other misconduct are received by the State Bar Councils.

The State Bar Council constitutes the Disciplinary Committees. Every Committee consists of three Members out of which two Members are from the State Bar Council and the third Members is co-opted from outside to enquire into the professional and other misconduct of advocates on the rolls of various State Bar Councils in the country.

Under section 35(3) of the Act the Disciplinary Committees of the Bar Councils can reprimand, suspend or remove the name of the Advocate from the roll of Advocates if found guilty.

The Disciplinary Committee of the Bar Councils have same powers as are vested in the Civil Court under Code of Civil Procedure,1908 in respect of summoning the witnesses and recording the evidence and appointment of Commissions.

Under section 37 of the Act the appeal lies before the Bar Council of India against the order of the Disciplinary Committee of the State Bar Councils.

If the case is not disposed of within the statutory period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of State Bar Council, the same is transferred to the Bar Council of India under section 36B(1) of the Act.The Disciplinary Committees of the Bar Council Of India continue the original case from the stage at which it was so left by the State Bar Council.

The Disciplinary Committees of the Bar Council of India discharge the work of an appellate author ity aswell as exercise original jurisdiction.


The Bar Council of West Bengal has also other Committees viz. Executive Committee, Rules Committee, Advocates Welfare Fund Committee. and various other Committees formed to look into specific issues arising from time to time.


7th July of each year is observed as Bar Council Day