Section 49 of the Advocates Act, 1961 - General Power of the Bar Council of India to Make Rules

Section 49 of the Advocates Act, 1961 gives the Bar Council of India power to make rules for discharging its statutory functions. The provision covers matters including Bar Council elections, enrolment, seniority, legal education, professional conduct, disciplinary procedure, senior advocate restrictions, court dress and fees.

Current statutory position: This article follows the current text of Section 49 in the official India Code version of the Advocates Act, 1961. Last reviewed: 6 September 2026.

What Is Section 49 of the Advocates Act, 1961?

Section 49 is the principal general rule-making provision for the Bar Council of India under the Advocates Act, 1961. It authorizes the Bar Council of India to make rules necessary for discharging its functions under the Act and then identifies specific subjects on which such rules may be made.

The power is broad, but it is not unlimited. Rules concerning professional conduct and etiquette, and rules concerning advocates' dress or robes, require approval of the Chief Justice of India. Rules relating to recognition of specified foreign law qualifications require approval of the Central Government.

Important Definitions and Related Legal Provisions

Advocate - Section 2(1)(a) An advocate is a person entered in a roll under the Advocates Act, 1961.
Bar Council - Section 2(1)(d) "Bar Council" means a Bar Council constituted under the Advocates Act, 1961.
Bar Council of India - Section 2(1)(e) It means the Bar Council constituted under Section 4 for the territories to which the Act extends.
Prescribed - Section 2(1)(j) "Prescribed" means prescribed by rules made under the Advocates Act, 1961.

Section 4 constitutes the Bar Council of India. Section 7 sets out its principal statutory functions. Section 49 supplies the general rule-making machinery through which many of those functions may be regulated in detail.

Section 49 - General Power of the Bar Council of India to Make Rules

Sub-section (1): General rule-making power

The Bar Council of India may make rules for discharging its functions under the Advocates Act, 1961. In particular, rules may prescribe the matters listed below.

  1. Clause (a) - Voting in State Bar Council elections: conditions subject to which an advocate may vote in an election to a State Bar Council, including voter qualifications or disqualifications and preparation and revision of electoral rolls.
  2. Clause (ab) - Membership of a Bar Council: qualifications for membership of a Bar Council and disqualifications for such membership.
  3. Clause (ac) - Section 3(2) proviso: the time and manner in which effect may be given to the proviso to Section 3(2).
  4. Clause (ad) - More than one State roll: the manner in which an advocate's name may be prevented from being entered in more than one State roll.
  5. Clause (ae) - Seniority: the manner in which seniority among advocates may be determined.
  6. Clause (af) - Admission to a law degree: minimum qualifications required for admission to a degree course in law in a recognized University.
  7. Clause (ag) - Enrolment: the class or category of persons entitled to be enrolled as advocates.
  8. Clause (ah) - Right to practise: conditions subject to which an advocate has the right to practise and circumstances in which a person is deemed to practise as an advocate in a court.
  9. Clause (b) - Transfer between State rolls: the form of application for transfer of an advocate's name from one State roll to another.
  10. Clause (c) - Professional conduct and etiquette: standards of professional conduct and etiquette to be observed by advocates.
  11. Clause (d) - Legal education: standards of legal education to be observed by Universities in India and inspection of Universities for that purpose.
  12. Clause (e) - Foreign qualifications: foreign qualifications in law obtained by persons other than citizens of India which are to be recognized for admission as an advocate under the Act.
  13. Clause (f) - Disciplinary procedure: procedure to be followed by the disciplinary committee of a State Bar Council and by the disciplinary committee of the Bar Council of India.
  14. Clause (g) - Senior advocates: restrictions in the matter of practice to which senior advocates are subject.
  15. Clause (gg) - Dress or robes: the form of dress or robes to be worn by advocates appearing before a court or tribunal, having regard to climatic conditions.
  16. Clause (h) - Fees: fees which may be levied in respect of matters under the Advocates Act, 1961.
  17. Clause (i) - Guidance and enforcement: general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced.
  18. Clause (j) - Other prescribed matters: any other matter which may be prescribed.

Approval Requirements for Certain Section 49 Rules

Section 49 contains two important approval safeguards. Rules made with reference to clause (c), concerning professional conduct and etiquette, or clause (gg), concerning advocates' dress or robes, do not take effect unless approved by the Chief Justice of India.

Rules made with reference to clause (e), concerning recognition of foreign law qualifications for admission as an advocate, do not take effect unless approved by the Central Government.

Section 49(2) - Continuation of Certain Pre-1973 Rules

Sub-section (2) preserves rules relating to clause (c) or clause (gg) that were in force immediately before the commencement of the Advocates (Amendment) Act, 1973. Such rules continue in force until they are altered, repealed or amended in accordance with the Advocates Act, 1961.

Official Source

The current statutory text can be verified in the Government of India's official India Code publication: Advocates Act, 1961 - India Code PDF.

This page is a general statutory reference. Where a question concerns enrolment, legal education, professional conduct, disciplinary proceedings, practice restrictions or validity of a rule, the current Act, applicable Bar Council rules, notifications and judicial decisions should also be checked.