The Role and Functioning of the Disciplinary
Committee of the Bar Council of India-: The legal profession
is one of the pillars of any democratic society, ensuring access to justice and
upholding the rule of law. Central to the integrity of this profession is the
maintenance of high ethical standards among its members. To regulate the
conduct of advocates and address instances of professional misconduct, the Bar
Council of India, the apex regulatory body for advocates in the country, has
established disciplinary committees. This article aims to provide an in-depth
understanding of the disciplinary committee of the Bar Council of India, its
composition, powers, and functioning.
What is Disciplinary Committee of the Bar Council of India?
The Disciplinary Committee of the Bar Council of India is a body responsible for
addressing cases of professional misconduct among advocates. Comprising three
members, including two elected by the Bar Council and one co-opted advocate, it
investigates complaints, gathers evidence, and holds hearings to determine
disciplinary action.
Empowered by the Advocates Act, 1961, it has authority akin to a civil court,
including summoning witnesses and receiving evidence. The committee ensures
fair proceedings, adhering to legal principles and procedural safeguards, and may
review its own orders. Its role is vital in upholding ethical standards within the legal
profession and maintaining public trust in the justice system.
Composition of the Disciplinary Committee of the Bar Council of
India
The disciplinary committee of the Bar Council of India is constituted in accordance
with Section 9 of the Advocates Act, 1961. This section mandates the formation of
one or more disciplinary committees, each comprising three members. The
composition of the committee is as follows:
• Elected Members: Two members are elected by the Bar Council of India
from among its own members. These elected members play a crucial role
in ensuring that the disciplinary committee reflects the diversity and
expertise present within the Bar Council.
• Co-opted Member: The third member of the disciplinary committee is co-
opted by the Bar Council from among advocates who possess the
qualifications specified in Section 3(2) of the Advocates Act, 1961, but are
not members of the Council. This ensures representation from the wider
legal community and brings diverse perspectives to the disciplinary
process.
• Chairmanship: The senior-most advocate among the members of the
disciplinary committee serves as its Chairman. This ensures effective
leadership and impartiality in the proceedings.
Functioning and Powers of the Disciplinary Committee of the Bar
Council of India
The disciplinary committee of the Bar Council of India is vested with extensive
powers to inquire into allegations of professional misconduct and take appropriate
disciplinary action. These powers are enumerated under Section 42 of the
Advocates Act, 1961, and include the following:
• Summoning and Examination: The committee has the authority to
summon and enforce the attendance of any person and examine them on
oath. This enables thorough investigation and gathering of evidence
during disciplinary proceedings.
• Discovery and Production of Documents: The committee can require the
discovery and production of any documents relevant to the inquiry. This
ensures transparency and access to evidence necessary for a fair decision.
• Receiving Evidence on Affidavits: Evidence can be submitted to the
committee in the form of affidavits, facilitating a streamlined process of
evidence presentation.
• Requisitioning Public Records: The committee is empowered to
requisition any public record or copies thereof from any court or office.
This authority aids in accessing official records pertinent to the inquiry.
• Issuing Commissions: The committee can issue commissions for the
examination of witnesses or documents, allowing for a comprehensive
investigation into the allegations.
• Miscellaneous Powers: The committee may exercise any other powers as
may be prescribed, enabling it to adapt to the evolving needs of
disciplinary proceedings.
Restricted Powers and Procedural Safeguards
While the disciplinary committee possesses significant powers, certain restrictions
and procedural safeguards are in place to ensure fairness and adherence to legal
principles. These include:
• Prior Approval for Certain Actions: Certain actions of the committee,
such as summoning presiding officers of courts or officers of revenue
courts, require prior approval from the respective authorities. This
safeguards against misuse of power and ensures respect for the judicial
hierarchy.
• Deemed Judicial Proceedings: Proceedings before the disciplinary
committee are deemed to be judicial proceedings, ensuring that they are
conducted with the requisite diligence and adherence to legal norms.
• Review of Orders: The committee has the power to review its own orders
under Section 44 of the Advocates Act, 1961. This allows for the correction
of any errors or miscarriage of justice that may have occurred during the
disciplinary process.
• Quorum and Decision-Making: In the event of the unavailability of the
Chairman or any member of the committee, proceedings may still
continue, provided that the final decision is deferred until the required
quorum is met. Additionally, if the committee is unable to reach a majority
decision, the matter is referred to the Chairman of the Bar Council for
resolution.
