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    Disciplinary Committee & Disciplinary Powers of Bar Council of India

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    Akanksha
    Disciplinary committees are constituted by Bar Councils to handle cases of professional or other misconduct by advocates. They have powers to dismiss complaints, reprimand, suspend, or remove advocates from the state roll. The proceedings must conclude within one year. Disciplinary committees have civil court-like powers to summon witnesses, require discovery and evidence, and issue commissions. They can send summons or process to civil courts for enforcement when exercising these powers.

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    Disciplinary Committee & Disciplinary Powers of Bar Council of India

    Uploaded by

    Akanksha
    6K views13 pages
    Disciplinary committees are constituted by Bar Councils to handle cases of professional or other misconduct by advocates. They have powers to dismiss complaints, reprimand, suspend, or remove advocates from the state roll. The proceedings must conclude within one year. Disciplinary committees have civil court-like powers to summon witnesses, require discovery and evidence, and issue commissions. They can send summons or process to civil courts for enforcement when exercising these powers.

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    Disciplinary Committee & Disciplinary Powers of Bar council of India

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    Disciplinary committees are constituted by Bar Councils to handle cases of professional or other misconduct by advocates. They have powers to dismiss complaints, reprimand, suspend, or remove advocates from the state roll. The proceedings must conclude within one year. Disciplinary committees have civil court-like powers to summon witnesses, require discovery and evidence, and issue commissions. They can send summons or process to civil courts for enforcement when exercising these powers.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    6K views13 pages

    Disciplinary Committee & Disciplinary Powers of Bar Council of India

    Uploaded by

    Akanksha
    Disciplinary committees are constituted by Bar Councils to handle cases of professional or other misconduct by advocates. They have powers to dismiss complaints, reprimand, suspend, or remove advocates from the state roll. The proceedings must conclude within one year. Disciplinary committees have civil court-like powers to summon witnesses, require discovery and evidence, and issue commissions. They can send summons or process to civil courts for enforcement when exercising these powers.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    Disciplinary Committees

    &
    Disciplinary Powers of Bar Council of India
    As per the Advocates Act, 1961
    Disciplinary Committee
    As per the provisions contained under Section -9
    of Advocates Act, 1961 the one or more Disciplinary
    Committees shall be constituted by a Bar Council.
    Each of which shall consist of three persons of whom
    two shall be persons elected by the Council from
    amongst its members and the other shall be a person
    co-opted by the Council from amongst advocates who
    possess contd…..
    Contd…..
    the qualifications specified in the proviso to sub-
    section (2) of Section 3 and who are not members of
    the council, and the senior- most advocate amongst the
    members of a disciplinary committee shall be the
    chairman thereof.
    Proviso to sub-section 2 of section -3:- the persons who
    have for at least 10 years been advocates on a State
    roll, and contd…..
    Contd…..
    in computing the said period of 10 years in relation to
    any such person, there shall be included any period
    during which the person has been an advocate
    enrolled under the Indian Bar Councils Act, 1926.
    Powers of State Bar Councils relating to
    Disciplinary Committee
    As per Section 35 (1) of Advocates Act, 1961 Where on
    receipt of a complaint or otherwise a State Bar Council
    has reason to believe that any advocate on its roll has
    been guilty of professional or other misconduct, it
    shall refer the case for disposal to its disciplinary
    committee.
    State Bar Council’s Power to withdraw
    the case pending before D.C.
    As per Section 35 (1A) of The Advocates Act, 1961 the
    State Bar Council may, either of its own motion or on
    application made to it by any person interested,
    withdraw a proceeding pending before its disciplinary
    committee and direct the inquiry to be made by any
    other disciplinary committee of that State Bar Council.
    Procedure of Disciplinary Committee
    and Power to make Orders
    The disciplinary committee of a State Bar Council
    shall fix a date for the hearing of the case and shall
    cause a notice thereof to be given to the advocate
    concerned and to the Advocate-General of the State.
    The disciplinary committee of a State Bar
    Council after giving the advocate concerned and the
    Advocate-General contd…..
    Contd……
    an opportunity of being heard, may make any of the
    following orders, namely:—
    (a) dismiss the complaint or, where the proceedings
    were initiated at the instance of the State Bar Council,
    direct that the proceedings be filed;
    (b) reprimand the advocate;
    contd….
    Contd…..
    (c) suspend the advocate from practice for such period
    as it may deem fit;
    (d) remove the name of the advocate from the State
    roll of advocates.
    Where an advocate is suspended from practice, he
    shall, during the period of suspension, be debarred
    from practising in any court or before any authority or
    person in India.
    Disposal of Disciplinary Proceedings
    The disciplinary committee of a State Bar Council shall
    dispose of the complaint received by it under section
    35 expeditiously and in each case the proceedings shall
    be concluded within a period of one year from the
    date of the receipt of the complaint or the date of
    initiation of the proceedings at the instance of the State
    Bar Council, as the case may be, failing which such
    proceedings shall stand transferred to the Bar Council
    of India which may dispose of the same.
    Powers of Disciplinary Committee
    The disciplinary committee of a Bar Council shall
    have the same powers as are vested in a civil court
    under the Code of Civil Procedure, 1908 (5 of 1908), in
    respect of the following matters, namely:— (As per
    Section 42 of Adv. Act, 1961)
    (a) summoning and enforcing the attendance of any
    person and examining him on oath;
    (b) requiring discovery and production of any
    documents; contd…
    Contd……
    (c) receiving evidence on affidavits;
    (d) requisitioning any public record or copies thereof
    from any court or office;
    (e) issuing commissions for the examination of
    witness or documents;
    (f) any other matter which may be prescribed:
    D.C. may send summon etc. to Civil
    Court
    For the purposes of exercising any of the powers
    conferred, a disciplinary committee may send to any
    civil court in the territories to which this Act extends,
    any summons or other process, for the attendance of a
    witness or the production of a document required by
    the committee or any commission which it desires to
    issue, and the civil court shall cause such process to be
    served or such commission to be issued, as the case
    may be, and may enforce any such process as if it were
    a process for attendance or production before itself.

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