UNIT-9
(a) Rules Relating to the Disciplinary Proceedings
and Review
• The Advocates Act, 1961 provides detailed rules to
ensure that disciplinary proceedings against
advocates are conducted fairly, properly, and
efficiently.
• These rules help maintain the dignity of the legal
profession.
a) Organisation of Disciplinary Committee
• Section 9 of the Advocates Act empowers the State
Bar Councils to constitute one or more
Disciplinary Committees.
• Each committee consists of 3 members:
• Two members are elected from among the Bar
Council members.
• One member is an advocate with more than 10
years of practice.
• Among the three, the senior-most advocate
becomes the Chairman of the committee.
b) Powers of Disciplinary Committee
Under Section 42 of the Advocates Act, the Disciplinary
Committee has powers similar to a civil court under the
Civil Procedure Code (CPC).
These include:
• Summoning and enforcing attendance of any
person.
• Requiring discovery and production of
documents.
• Receiving evidence on affidavit.
• Requesting any public record or copies from courts
or offices.
• Issuing commissions for examination of witnesses
or documents.
c) Important Restrictions:
• The committee cannot summon a presiding
officer of any court without permission from the
High Court.
• It cannot summon a revenue officer without State
Government permission.
• All proceedings before the committee are
considered judicial proceedings under Sections
193 and 228 of the Indian Penal Code, and the
committee itself is treated as a civil court.
d) Enquiry Procedure
• On receiving a complaint, if the Bar Council feels it
is a proper case, it refers it to the Disciplinary
Committee.
• The Committee fixes a hearing date and sends
notices to the concerned advocate and the
Advocate General.
• Both the advocate and the Advocate General may
appear personally or through a lawyer.
• The enquiry must be completed within one year
from the date of receipt of the complaint.
• If not completed, the case is transferred to the Bar
Council of India.
• If the committee cannot reach a decision, it must
seek the opinion of the Chairman of the Bar
Council and act according to it.
e) Proceedings to be Held In Camera
• All disciplinary proceedings are conducted in
camera (privately).
• Only parties involved, their lawyers, committee
members, and authorized staff can be present.
• This ensures confidentiality and protects
professional dignity.
f) Copies of Records and Judgments
• Certified copies of records or judgments can be
given on application and payment of prescribed
charges.
• Inspection of records is allowed with permission
but making copies during inspection is restricted.
g) Order Awarding Costs
• Orders awarding costs must clearly mention:
• The amount.
• Against whom it is awarded.
• The time frame for payment.
• A decretal order (official final order) is drawn and
signed by the Secretary, bearing the seal of the Bar
Council.
• Copies of final orders are sent to all parties
involved.
h) Review of Orders
• Section 44 of the Advocates Act allows the
Disciplinary Committee to review its own orders
within 60 days, either on its own or on an
application.
• This ensures that any errors or injustices can be
corrected.
Conclusion
The rules for disciplinary proceedings protect the interests of
both advocates and the public. The procedure is designed to
be fair, confidential, and speedy, and it ensures the integrity of
the legal profession is maintained at all times.
(2) Complaint and Inquiry under Sections 35, 36,
and 36B of the Advocates Act
The Advocates Act, 1961 provides a detailed mechanism
for filing complaints and conducting inquiries into
allegations of misconduct by advocates.
Complaint and Inquiry under Section 35
• Section 35 deals with the punishment of advocates
for professional or other misconduct.
• If a State Bar Council, either on a complaint or by
itself, believes an advocate is guilty, it refers the
matter to its Disciplinary Committee.
The Disciplinary Committee:
• Fixes a hearing date.
• Sends notices to the concerned advocate and the
Advocate General.
• Conducts the inquiry giving both parties a chance
to be heard.
o Possible outcomes after inquiry:
• Dismiss the complaint.
• Reprimand the advocate.
• Suspend the advocate from practice for a specific
period.
• Remove the advocate’s name from the State roll of
advocates.
During suspension, the advocate cannot practice in any
court or before any authority in India.
Complaint and Inquiry under Section 36
• Section 36 grants disciplinary powers to the Bar
Council of India (BCI).
• The BCI can:
• Receive complaints directly.
• Withdraw proceedings from a State Bar Council
and conduct the inquiry itself.
• The BCI Disciplinary Committee follows the same
procedure as under Section 35.
• References to the Advocate General are replaced
with references to the Attorney General of India in
these cases.
Outcomes of BCI proceedings are similar: reprimand,
suspension, or removal from the roll.
Disposal of Disciplinary Proceedings under Section 36B
• Section 36B focuses on the time-bound disposal of
cases.
• Every complaint must be concluded within one
year from the date of receipt or initiation.
• If not completed within one year, the proceeding is
automatically transferred to the Bar Council of
India for disposal.
• After transfer, the BCI proceeds as if it had
withdrawn the case under Section 36.
o Imp Point:
• After transfer to BCI, there is no time limit for the
BCI to complete the proceedings.
Organisation of BCI’s Disciplinary Committee
• Same structure as the State Bar Council’s
Disciplinary Committee.
• It also consists of 3 members (two elected members
and one senior advocate with at least 10 years of
standing).
Remedies Available to an Aggrieved Advocate
An advocate aggrieved by an order of disciplinary
proceedings can avail the following remedies:
1. Apology:
• The advocate may present an apology.
• If the Court feels the apology is genuine, it may
reduce or remove the punishment.
2. Review:
• Under Section 44, the Disciplinary Committee can
review its own order within 60 days.
3. Appeal to Bar Council of India:
• Against an order of the State Bar Council’s
Disciplinary Committee, an appeal can be filed
before the Bar Council of India.
4. Appeal to Supreme Court:
• Under Section 38, an appeal against an order of
the Bar Council of India can be made to the
Supreme Court within 60 days.
Contempt of Court
• Contempt of Court refers to behavior that
disrespects or obstructs the functioning of courts.
• Advocates found guilty of contempt can be
punished separately apart from disciplinary
proceedings.
Conclusion
Sections 35, 36, and 36B create a detailed system for handling
misconduct complaints against advocates. These provisions
ensure a fair hearing, speedy inquiry, and proper remedies for
those aggrieved.
