Advocates Act, 1961 - Chapter II: Bar Councils
Section 15 of the Advocates Act, 1961: Power of Bar Councils to Make Rules
Section 15 of the Advocates Act, 1961 gives Bar Councils rule-making power for carrying out the purposes of Chapter II. The provision covers elections, office-bearers, meetings, committees, legal aid, staff, accounts, audit and management of Bar Council funds.
In brief: Section 15 is the principal Chapter II rule-making provision. It grants a general power to make rules and then lists specific subjects on which rules may be framed. Rules made by a State Bar Council under this section require approval of the Bar Council of India before they take effect.
Text and structure of Section 15
Section 15 - Power to make rules
(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for:
(a) election of members of the Bar Council by secret ballot, including postal ballot conditions, preparation and revision of electoral rolls and publication of election results;
(b) omitted by Act 60 of 1973;
(c) the manner of election of the Chairman and Vice-Chairman of the Bar Council;
(d) the manner in which, and the authority by which, doubts and disputes regarding validity of an election to the Bar Council or to the office of Chairman or Vice-Chairman shall be finally decided;
(e) omitted by Act 23 of 1966;
(f) filling of casual vacancies in the Bar Council;
(g) powers and duties of the Chairman and Vice-Chairman of the Bar Council;
(ga) constitution of one or more funds for financial assistance, legal aid or advice referred to in Section 6(2) and Section 7(2);
(gb) organization of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose, and description of proceedings for which legal aid or advice may be given;
(h) summoning and holding meetings of the Bar Council, conduct of business and quorum;
(i) constitution and functions of committees of the Bar Council and term of office of committee members;
(j) summoning and holding committee meetings, conduct of committee business and quorum;
(k) qualifications and conditions of service of the secretary, accountant and other Bar Council employees;
(l) maintenance of books of account and other books by the Bar Council;
(m) appointment of auditors and audit of Bar Council accounts;
(n) management and investment of Bar Council funds.
(3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India.
Meaning and explanation of Section 15
1. General rule-making power
Section 15(1) gives every Bar Council power to make rules for carrying out Chapter II of the Advocates Act. The specific subjects listed in sub-section (2) do not cut down that general power because the provision expressly states that the list is without prejudice to the generality of sub-section (1).
2. Election rules
Section 15(2)(a), (c), (d) and (f) authorize rules on election of members, postal voting conditions, electoral rolls, publication of results, election of the Chairman and Vice-Chairman, resolution of election disputes and filling casual vacancies.
3. Rules on office-bearers
Clause (g) permits rules defining the powers and duties of the Chairman and Vice-Chairman. This supplements the statutory structure governing Bar Council office-bearers.
4. Legal aid funds and legal aid administration
Clauses (ga) and (gb) authorize rules for creating funds for financial assistance and legal aid, organizing legal aid and advice to the poor, and constituting committees and sub-committees for those purposes.
5. Meetings, committees and quorum
Clauses (h), (i) and (j) authorize procedural rules for Bar Council and committee meetings, conduct of business, quorum, committee constitution, functions and terms of office.
6. Staff qualifications and service conditions
Clause (k) authorizes rules concerning qualifications and conditions of service of the secretary, accountant and other Bar Council employees. This directly supports the staffing framework in Section 11.
7. Accounts, audit and funds
Clauses (l), (m) and (n) authorize rules on maintenance of books, appointment of auditors, audit procedure and management or investment of Bar Council funds. These provisions complement Section 12.
8. Approval of State Bar Council rules
Section 15(3) makes Bar Council of India approval a condition for effectiveness of rules made by a State Bar Council under Section 15. A State Bar Council rule under this provision therefore does not operate merely because the State Bar Council has adopted it.
Section 15 subjects at a glance
| Clause | Subject |
|---|---|
| (a) | Member elections, postal voting, electoral rolls and results |
| (c) and (d) | Chairman/Vice-Chairman elections and election disputes |
| (f) and (g) | Casual vacancies and powers/duties of office-bearers |
| (ga) and (gb) | Financial assistance, legal aid and legal aid committees |
| (h) to (j) | Meetings, committees, business procedure and quorum |
| (k) | Staff qualifications and service conditions |
| (l) to (n) | Books of account, audit and fund management |
Current Bar Council of India Rules
The Bar Council of India Rules published through India Code contain detailed rules made under Section 15. Their contents include rules on elections and office-bearers, meetings of the Council and its committees, committee constitution and procedure, finance, accounts and audit.
Related provisions
- Section 6 sets out functions of State Bar Councils, including legal aid-related functions.
- Section 7 sets out functions of the Bar Council of India.
- Section 10 deals with committees other than disciplinary committees.
- Section 10A deals with meetings and transaction of business.
- Section 11 deals with Bar Council staff.
- Section 12 deals with accounts and audit.
- Section 14 protects elections from certain notice-based challenges.
Official legal sources
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
The current Bar Council of India Rules may be checked here: India Code - Bar Council of India Rules, Part I to Part III.
Legal note: Section 15 is confined to rule-making for Chapter II. Other provisions of the Advocates Act separately confer rule-making powers on the Bar Council of India and the Central Government for additional subjects. For a specific issue, the enabling section and the current rule text should be read together.