Section 36 - The Bar Council of India (BCI) has disciplinary powers to address
misconduct by advocates not listed on any State roll. Upon receiving a complaint, the
BCI may refer the case to its disciplinary committee for investigation. The committee
can also withdraw cases from State Bar Councils for inquiry. It follows procedures
similar to those outlined in Section 35, allowing it to impose sanctions like suspension
or disbarment, which State Bar Councils must enforce
36-B: Disposal of Disciplinary Proceedings- Timely Resolution: The
disciplinary committee of a State Bar Council must resolve complaints within one
year of receiving them. If they fail to do so, the case will be transferred to the Bar
Council of India, which will handle it as if it were a case withdrawn for inquiry.
Section 37 - Any person dissatisfied with a decision from a State Bar Council's
disciplinary committee can appeal to the Bar Council of India within 60 days of
receiving the order.
Sec 38 - appeal to SC if aggrieved by Disciplinary committee order under s-36/37
within 60 days
Section 40: Stay of Order
No Automatic Stay: Filing an appeal under Sections 37 or 38 does not
automatically suspend the order being appealed. However, the disciplinary committee
of the Bar Council of India or the Supreme Court can grant a stay if there is sufficient
reason, setting any terms they find appropriate.
Stay Applications Before Appeal Deadline: If a request for a stay is made before the
appeal deadline expires, the relevant disciplinary committee may grant a stay for valid
reasons and under suitable conditions.
Section 41: Alteration in Roll of Advocates
Record of Punishment: If an advocate is reprimanded or suspended, this
punishment will be recorded in the State roll. If an advocate is removed from practice,
their name will be struck off the State roll.
Certificate Recall: When an advocate is suspended or removed from practice, their
enrollment certificate issued under Section 22 will be revoked.
Section 42: Powers of Disciplinary Committee
Powers Similar to Civil Courts These powers include:
1. Summoning witnesses and examining them under oath.
2. Requiring the production of documents.
3. Accepting evidence via affidavits.
4. Requesting public records from courts or offices.
5. Issuing commissions for witness or document examination.
6. Prior approval from the High Court or State Government, respectively.
To summon presiding officers of courts or revenue court officers
7. Proceedings are judicial (IPC,CrPC)
8. Committee can send summons or processes to civil courts to ensure
attendance or document production, which those courts must enforce.
9. Proceedings Despite Absences: The committee can continue hearings
even if the Chairman or members are absent, but final orders require their
presence.
10. Deadlocks within committee handled by Chairman or Vice-Chairman of
the Bar Council for resolution.
CASES-
V. C. Rangadurai Vs. D. Gopalan
Advocate V.C. Rangadurai concealed conflicting interests from his client, resulting in
deception. The disciplinary committee suspended Rangadurai for six years, a decision
upheld by the Supreme Court, albeit reducing the punishment to one year due to no
doubt about the advocate’s misconduct.
Allahabad Bank Vs. Girish Prasad Verma
Allahabad Bank filed a complaint against its advocate, Girish Verma, alleging
misappropriation of court fees paid for two suits. The Uttar Pradesh Bar Council’s
disciplinary committee found Verma guilty and ordered his removal from the state bar
council’s roll, emphasizing the noble conduct expected from legal professionals.
Joginder Singh vs Bar Council of India
Joginder Singh, convicted under IPC Section 473, concealed criminal proceedings
while transferring his bar council membership. The disciplinary committee barred him
from practising and removed his name from the roll, a decision upheld by the Delhi
High Court for being in line with the evidence and circumstances.
