(1)
Every Bar Council shall consist of
fifteen members, of whom? (a)
one shall be the
Advocate General; (b)
four shall be persons
nominated by the High Court, of whom not more than two may be Judges of that
Court; and (c)
ten shall be elected
by the advocates of the High Court from amongst their number. (2)
Of the elected
members of every Bar Council
not less than five shall be persons who have for not less than ten years been
entitled as of right to practice in the High Court for which the Bar Council has been constituted. [1] [Explanation.-- For the purpose of election to the Bar Council for the High Court of
Gujarat, the period of ten years aforesaid shall be computed after taking into
account the period for which the person concerned was entitled as of right to
practice in the High Court of Bombay or of Saurashtra or in the Judicial
Commissioner's Court of Kutch before the 1st day of May, 1960.] (3)
Of the elected
members of the Bar Councils to be constituted for
the High Courts of Judicature at Fort William in Bengal and at Bombay such
proportion as the High Court may direct in each case shall be persons who have,
for such minimum period as the High Court may determine, been entitled to
practice in the High Court in the exercise of its original jurisdiction, and
such number as may be fixed by the High Court out of the said proportion shall
be barristers of England or Ireland or members of the Faculty of Advocates in
Scotland. (4)
There shall be a
Chairman and Vice-Chairman of each Bar Council
elected by the Council in such manner as may be prescribed: PROVIDED that
the Advocates-General of West Bengal, Madras Maharashtra and Gujarat shall be
Chairmen ex officio, respectively, of the Bar Councils constituted
for the High Courts of those States. [STATE AMENDMENTS [Tamil Nadu [2] [After Section 4 The following
section shall be inserted, namely- "4-A.
Qualifications for election.-- Notwithstanding
anything contained in this Act or
in any rule made thereunder, no advocate entered in the roll of advocates of
the Madras High Court who, on or after the 5th July 1954, is not ordinarily
raiding and practising in Courts in the State of Madras shall be entitled to
vote at any election for, or to be elected to, the Madras Bar Council under clause (c) of
sub-section (1) of section 4."]]] [3] [***] [STATE AMENDMENT [Tamil Nadu In Section 10 [4] [(i) in sub-section (1), after the words "any advocate of the
High Court", the words "or an advocate of any other High Court
ordinarily practicing in any subordinate Court or Courts in the [5] [State]
of Madras" shall be inserted;] [6] [(ii) to the same Sub-section, the following Explanations shall be
added, namely:-- "Explanation
1.--The holding of any political opinion, or the expression of it in any form
or act not involving
physical violence or incitement to or abetment of such violence, is not
misconduct within the meaning of this sub-section. Explanation
2.--Conviction for any political offence, under any general, special or local
Law or Ordinance or any rules made thereunder, including conviction under ( Central Act XLV
of 1860) section 124-A of the Indian Penal
Code or the Indian Criminal
Law Amendment Act,
1908(Central Act XIV
of 1908), where the person convicted has not been found guilty of physical
violence or of incitement to or abetment of such violence is no proof of
misconduct within the meaning of this sub-section.]]] [1]
Inserted by Act 11 of 1960. [2]
Inserted by Indian Bar Councils (Madras Amendment) Act, 1954 (Act 35 of 1954). [3]
Repealed by the Advocates Act, 1961 (Act 25 of 1961)w.e.f. 01.09.1963 [4]
Inserted by Bar Councils and
Legal Practitioners (Madras Amendment) Act, 1947 (Act 09
of 1947). [5]
This word was substituted for the word
"Province" by the Adaptation Order of 1950. [6]
Added by Bar Councils and
Legal Practitioners (Madras Amendment) Act, 1947 (Act 09
of 1947).INDIAN BAR COUNCILS ACT, 1926 (TAMIL NADU AMENDMENT)