Can an Advocate be a member of multiple Bar Assosiations?

A Bar Association is an association or a collective body of practicing lawyers. In India, some Bar associations are responsible for regulating the conduct of lawyers, while some other associations are organizations which are responsible to serve their members, in some cases both. 

In Section 17(4) of The Advocates Act, 1961 it is clearly mentioned that, “No person shall be enrolled as an advocate on the roll of more than one State Bar Council”. Hence, the advocate can become the member of multiple bar associations.

The Difference between Bar Council and Bar Association– There is a difference between Bar Council and Bar Association. 

State Bar Council are the statutory bodies established under the Advocate’s Act,1961, they act as the representatives of the advocates of that particular state and also regulate the legal profession in that state.Enrolment in the State Bar Council is necessary to practice in the court of law in that state and Supreme Court. However, it’s not necessary to enroll in a Bar Association to practice in courts in India.

Bar Associations are associations of the advocates who are practicing in a particular court and are working for the welfare of the lawyers who are registered with it, thus for each court there is a different Bar Association. For example, Delhi Bar Association, Delhi High Court Bar Association, Dwarka Court Bar Association, New Delhi Bar Association, etc.

After the initiation of Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, an advocate can cast vote in Bar Association only. Bar Associations have become more or less an advocate’s union.  

Advocates do become a part of various national or local Bar Associations for recognition or the facilities these associations provide. Some of the well-known Associations are Supreme Court Bar Association, Delhi Bar Association, National Bar Association of India, etc.

Bar Council:

Section 3 of the Advocates Act mandates that there shall be a Bar Council for every state.

Section 5 of the Act, provides that there shall be a body corporate with perpetual succession and a common seal. it can acquire properties, can or can be sued.

 The main functions of the State Bar Councils as specified under section 6 of The Act are as follows:

• to register a person as an advocate on its roll.
• to entertain and determine cases of misconduct against lawyers on its roll.
• to protect the rights, privileges and interests of advocates on its roll.
• to promote law reform
• to organise legal aid to poor
• to ensure the election of its members
• to promote the growth of Bar Associations for the purpose of ensuring the implementation of welfare schemes for advocates as introduced by the Council.

The Bar Council may constitute funds for the purpose of:

• Providing financial assistance to organise welfare schemes for the indigent, disabled or other advocates.
• Providing Legal aid or advice in accordance with the rules.

Lead India provides a wide pool of experienced advocates in Delhi. Guidance or legal advice is provided on various issues related to different legal fields. You can contact us online or through a phone call.