Advocates Act, 1961 · Chapter VI: Miscellaneous
Section 49: General power of the Bar Council of India to make rules
[(1)] The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe—
[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council;
(ab) qualifications for membership of a Bar Council and the disqualifications for such membership;
(ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3;
(ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll;
(ae) the manner in which the seniority among advocates may be determined;
[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;]
(ag) the class or category of persons entitled to be enrolled as advocates;
(ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;]
(b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another;
(c) the standards of professional conduct and etiquette to be observed by advocates;
(d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose;
(e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act;
(f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee;
(g) the restrictions in the matter of practice to which senior advocates shall be subject;
[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;]
(h) the fees which may be levied in respect of any matter under this Act;
[(i) 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;
(j) any other matter which may be prescribed:]
[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:]
[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government.
[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 49
- Daeyoung Jung v. Bar Council of India & Anr
- Karan Antil v. High Court of Delhi & Ors
- Bar Council of India v. Bonnie Foi Law College
- District Bar Association, Dehradun Throughits Secretary v. Ishwar Shandilya & Ors.
- R. Muthukrishnan v. The Registrar General of the High Court of Judicature at Madras
- Pratap Mehta v. Sunil Gupta & Ors.
- Jamshed Ansari v. High Court of Judicature at Allahabad and Ors.
- Mahipal Singh Rana, Advocate v. State of Uttar Pradesh
- Archana Girish Sabnis v. Bar Council of India and Others
- Smt. K. Vijaya Lakshmi v. Govt. of Andhra Pradesh Represented by Its Secretary Home (Courts C1) Department and Anr.
- N.K. Bajpai v. Union of India and Anr.
- Supreme Court Bar Association and Others v. B.D. Kaushik
- Pratap Chandra Mehta v. State Bar Council of M.P. & Ors.
- R.K. Anand v. Registrar, Delhi High Court
- Bar Council of India v. High Court of Kerala
- Ex. Capt. Harish Uppal v. Union of India and Anr.
- Satyendra Narain Singh & Others. v. Ram Nath Singh & Others.
- Bar Council of Delhi and Anr. Etc. v. Surjeet Singh and Ors. Etc. Etc.
- S. Mohan Lal v. R. Kondiah
- J Bar Council of Maharashtra v. M. v. Dabholkar Etc. Etc.