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COMPOSITION OF STATE BAR COUNCIL

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COMPOSITION OF STATE BAR COUNCIL

  • Each Council has a Chairman and Vice-Chairman elected by the Council members themselves following a prescribed procedure.
  • Ex-Officio Members: The specific members holding this position vary by state:
    • Delhi Bar Council: Additional Solicitor General of India
    • Assam, Nagaland, Meghalaya, Manipur, Tripura: Advocate-General of each respective state
    • Punjab and Haryana: Advocate-General of both Punjab and Haryana
    • Other State Bar Councils: Advocate-General of the state
  • Elected Members:The number of elected members depends on the size of the Council's electorate (advocates on the electoral roll):
    • Less than 5,000 voters: 15 members
    • 5,000 to 10,000 voters: 20 members
    • Over 10,000 voters: 25 members
  • Election System: Proportional representation with a single transferable vote.
  • Experience Requirement: Nearly half of the elected members must have at least ten years of experience as advocates on a state roll (including any time as an advocate under the previous Indian Bar Councils Act).
  • Voter and Candidate Qualifications: The Bar Council of India prescribes qualifications and conditions for advocates to vote or be elected as State Bar Council members.
  • Electoral Roll: Each State Bar Council maintains and revises an electoral roll listing eligible voter (advocates).

Overall, this structure ensures representation from various levels of experience within the legal profession while maintaining some level of consistency through the Bar Council of India's involvement in setting qualifications and procedures.

Disqualification of members: According to Section 3 (4) of the Advocate Act 1961 it has stated that: -

  • An advocate shall be disqualified from voting or being a member of the State Bar Council if they do not possess the prescribed qualifications or satisfy the conditions set by the Bar Council of India.
  • The Bar Council of India will make rules regarding the qualifications and conditions for membership.
  • Each State Bar Council will prepare and revise an electoral roll from time to time.
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