Section 4:
Composition of Bar Councils.
14. Composition of Bar Councils.--(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 practise in the High Court for which the Bar Council has
been constituted.
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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 practise 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 practise 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:
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[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 AMENDMENT
Tamil Nadu
In the Indian Bar Council Act, 1926 (Central Act XXXVIII of 1926), after section 4, the following
section shall be inserted, namely:--
Insertion of new section 4-A in Central Act XXXVIII of 1926.
"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."
[Vide Tamil Nadu Act XXXV of 1954, s. 2]
Notes:
1. The Provisions of sections 3 to 7, sub-sections (1), (2) and (3) of section 9, section 15 and section 20, shall stand repealed in
the territory for which the State Bar Council is constituted vide 25 of 1961, s. 50 (1).
2. Ins. by At 11 of 1960, s. 72.
3. Subs. by s. 72, ibid., for the proviso.