The erstwhile Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim is an autonomous body established and constituted under the Advocates’ Act, 1961, which provides for establishment of State Bar Council in Section 3 thereof with a maximum strength of 25 elected members. Originally, the Bar Council of Assam was constituted on 25-12-1961 for the State of Assam as well as for the Union Territory of Manipur. Thereafter, as per Section 14 of the State of Nagaland Act, 1962, this Bar Council came to be known as the Bar Council of Assam and Nagaland for the States of Assam and Nagaland and the Union Territory of Manipur. On passing of the North Eastern Areas (Re-organization) Act, 1971, as per Section 34 thereof, the Bar Council came to be known as Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura and Union Territories of Mizoram and Arunachal Pradesh. However, by virtue of Section 19 of the State of Arunachal Pradesh Act, 1986 this Bar Council came to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh for the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh. Thereafter, vide Ministry of Home Affairs’ Notification dated 15th February, 2000, State of Sikkim was also included within the jurisdiction of this Bar Council. However, as the Advocates’ Act, 1961 was not extended to the State of Sikkim, the said Notification could not be given effect to and ultimately the Government of India, Ministry of Law & Justice by Notification dated 17th March, 2005 extended the Advocates’ Act, 1961 to the State of Sikkim from 1st day of April, 2005 and thereafter this Bar Council came to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh & Sikkim. As per the provisions of law, the Advocate Generals of the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim are Ex-officio Members of the Bar Council.

At the behest of the Council the Assam Advocates’ Welfare Fund Act, 1998 was enacted by the Government of Assam which received ascent of the President on 1st January 1998. Later on, the Government of Assam framed the Assam Advocates’ Welfare Fund Rules, 2005 which came into force after issuance of the Notification in 2008. Under that Act the Advocates of Assam are much benefited as they are getting the benefits like ex-gratia amount for diseases covered under Section 24 of the Act and are also getting payment on cessation of practice or in the event death of a Member. A schedule to the Act was incorporated for making payment on cessation of practice or death of a Member and such ex-gratia amount is fixed by the Assam Advocates’ Welfare Fund Committee in its meeting on receipt of application from the Advocates on account of their illness and a large number of advocates are already enjoying the benefit of the same.

The Parliament enacted the North Eastern Areas (Re-organization) Act and other related laws in 2012 by which it has amended the North Eastern Areas (Re-organization) Act, 1971 and other related laws in terms of which separate High Courts were created for the States of Meghalaya, Manipur and Tripura. Consequently, the Advocates’ Act, 1961 was also amended whereunder the States of Meghalaya, Manipur and Tripura have their own Bar Council and as such the remaining 5(five) States, namely, Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim remained under this Council and this Council has been enrolling candidates from these five States under the Advocates’ Act and issuing enrolment certificates. This Council is also taking Disciplinary Proceedings coming from these five States and trying the same.

The Bar Council of India by Resolution No.73 of 2010 dated 30th April 2010 amended the Rules governing an advocate contained in Part VI of the Bar Council of India Rules. Chapter III of Part VI mentions about the conditions for right to practice. Rule 9 of that Chapter provides that no Advocate enrolled under Section 24 of the Act of 1961 shall be entitled to practice unless such Advocates successfully passes the All India Bar Examination conducted by the Bar Council of India and Rule 10 has been added under the heading “All India Bar Examination” and the manner in which the examination is to be conducted. As per Rule 11 a Certificate of Practice will be issued by the Bar Council of India to the successful Advocates within a period of 30 days from the date of declaration of the result.

Later on, the Bar Council of India has framed a set of Rules namely the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 which is applicable to all the Advocates whose names appear in the Roll maintained by the State Bar Council. As per Rule 5 of the Rules an advocate shall not be entitled to practice law unless holds a valid and verified certificate of practice issued either under the All India Bar Examination Rules or under this Rule. However, designated Senior Advocates as well as Advocates on Record of the Supreme Court of India need not require to obtain the certificate of practice by filling application form for verification and they will have to only inform the Bar Council regarding their current address along with two passport size photographs with their names so that their names can be included in the Voters’ List of the State Bar Council. Since then the advocates are filling up forms applying for verification of certificate of practice and the State Bar Council after verification issued certificate of practice, which remains valid for a period of five years from the date of issue.

Presently, this Bar Council has taken a decision enabling the candidates to apply for enrolment through on-line platform and steps for providing infrastructure are being done so that candidate need not come to Guwahati for submitting his/her application for enrolment and necessary fees are also received through on-line.