Disciplinary powers of Advocate’s Act 1961

Disciplinary powers of Advocate’s Act 1961

Sec 9- Disciplinary Committee: A bar council shall constitute of one or more disciplinary committees, each of which shall consist of three persons , of whom two shall be person elected by the Council from amongst its members and others shall be person co-opted by the council from amongst the advocates who are not members of council.
The Senior most Advocate amongst the members of The Disciplinary Committee shall be Chairman thereof.

Sec 36 – Disciplinary Powers of Bar Council of India:

Whereon receipt of complaint, the Bar Council of India has reason to believe that any advocate on record has been guilty of Professional and other misconduct, it shall refer the case for disposal to its disciplinary committee.

Disciplinary Committee of Bar Council of India ,may either of its own its own motion or report by any State Bar Council can take up proceeding for disciplinary action against any advocate pending before any State Bar Council and dispose off the same.
Disciplinary Committee disposing off any are under this section, shall observe procedure laid down in this Act.

It may make any order under sec. 35 (3) of the Act.

Section 35(3)- Punishment for misconduct:
Disciplinary Committee of State Bar Council after giving the advocate concerned and Advocate General an opportunity of being heard, may make any of the following orders :
Dismiss the complaint, or where the proceedings initiated at instance of State Bar Council direct proceeding to be filed.

Reprimand the Advocate ;
Suspend the advocate from practice for such period as it may deemed fit.
Remove the name of advocate from State roll of Advocates.


Section 42 – Powers of Disciplinary Committee:

The Disciplinary Committee of Bar Council shall have the same powers as are vested in Civil Courts under Code of Civil Procedure, 1908 in respect of following matters namely:
Summoning and enforcing attendance of any person and examining him on oath .
Requiring discovery and production if any documents.
Receiving evidence on affidavit.
Requisitioning any public record from any court or offices
Issuing commission for examination of witness or documents.
Any other matter, which may be prescribed.
Provided that no such disciplinary Committee shall have right to require attendance of-
Any presiding officer of court except with previous sanction of High Court to which it is subordinate.
Any officer of Revenue Court except with previous sanction of State government.

Against order of Disciplinary Committee of State Bar Council to dismiss, reprimand, suspend or terminate ,within 60 days of order an appeal can be preferred to Bar Council of India.

Against order of Disciplinary Committee an appeal lies to the Supreme Court of India within 60 days of order.

Landmark judgments related to Disciplinary Committee:

O.N. Mohindroo V. District Judge , Delhi

In this case the Supreme Court has explained the jurisdiction of Bar Council of State, Bar Council of India and their disciplinary committees in disciplinary matters.

It also explained the scope of its appellate power from Bar Council of India in disciplinary matter. Appeal to Supreme Court is not a restricted appeal.
It is an appeal not on law alone but also on facts.
Sec. 38 give power to Supreme Court to pass in such appeals any order it deemed fit.

Nagendra Singh V. Chhotey Singh

It affirm that Bar Council of India has power to lay down standards of Professional Conduct and Etiquette for advocates.
It has power to lay down procedure to be followed by its own Disciplinary Committee as well as that of the State Bar Council.



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