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    The Bar Council of India has disciplinary powers over advocates under the Advocates Act 1961. It can refer cases of professional or other misconduct of advocates not on any state roll to its disciplinary committee. This committee can withdraw proceedings pending with any state bar council disciplinary committee and dispose of the case. Appeals against state bar council disciplinary orders can be made to the Bar Council of India disciplinary committee, and further appeals from there can be made to the Supreme Court. Reasonable opportunity of being heard must be given if an order is to be varied prejudicially.

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    The Bar Council of India has disciplinary powers over advocates under the Advocates Act 1961. It can refer cases of professional or other misconduct of advocates not on any state roll to its disciplinary committee. This committee can withdraw proceedings pending with any state bar council disciplinary committee and dispose of the case. Appeals against state bar council disciplinary orders can be made to the Bar Council of India disciplinary committee, and further appeals from there can be made to the Supreme Court. Reasonable opportunity of being heard must be given if an order is to be varied prejudicially.

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    1K views15 pages

    Disciplinary Powers of BCI

    Uploaded by

    Akanksha
    The Bar Council of India has disciplinary powers over advocates under the Advocates Act 1961. It can refer cases of professional or other misconduct of advocates not on any state roll to its disciplinary committee. This committee can withdraw proceedings pending with any state bar council disciplinary committee and dispose of the case. Appeals against state bar council disciplinary orders can be made to the Bar Council of India disciplinary committee, and further appeals from there can be made to the Supreme Court. Reasonable opportunity of being heard must be given if an order is to be varied prejudicially.

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    of 15

    Disciplinary Powers of

    Bar Council of India


    Unit-II
    Introduction to BCI
    Bar Council of India There shall be a Bar
    Council for the territories to which this Act
    extends to be known as the Bar Council of India
    which shall consist of the following members,
    namely:— (a) the Attorney-General of India,
    ex officio;
    (b) the Solicitor-General of India, ex officio;
    (c) one member elected by each State Bar
    Council from amongst its members.
    Membership and Term of Office

    Eligibility to be a member of BCI : No person shall be


    eligible for being elected as a member of the Bar Council of
    India unless he possesses the qualifications specified in the
    proviso to sub-section (2) of section 3.
    Term of office of a member of BCI : The term of office of
    a member of the Bar Council of India elected by the State
    Bar Council shall—
    (i) in the case of a member of a State Bar Council who
    holds office ex-officio, be two years from the date of his
    election contd…….
    Contd…..
    or till he ceases to be a member of the State Bar
    Council, whichever is earlier; and
    (ii) in any other case, be for the period for which
    he holds office as a member of the State Bar
    Council.
    Provided that every such member shall continue
    to hold office as a member of the Bar Council of
    India until his successor is elected.
    Functions of Bar Council of India
    The functions of the Bar Council of India shall
    be—
    to lay down standards of professional
    conduct and etiquette for advocates
    to lay down the procedure to be followed by
    its disciplinary committee and the disciplinary
    committee of each State Bar Council
    to safeguard the rights, privileges and
    interests of advocates
    Contd…..
    to promote and support law reform
    to deal with and dispose of any matter arising under
    this Act, which may be referred to it by a State Bar Council
    to exercise general supervision and control over State
    Bar Councils
    to promote legal education and to lay down standards
    of such education in consultation with the Universities in
    India imparting such education and the State Bar Councils
    contd……
    Contd…..
    to recognise Universities whose degree in law shall be a
    qualification for enrolment as an advocate and for that purpose to visit
    and inspect Universities or cause the State Bar Councils to visit and
    inspect Universities in accordance with such directions as it may give in
    this behalf
    to conduct seminars and organize talks on legal topics by eminent
    jurists and publish journals and papers of legal interest
    to organise legal aid to the poor in the prescribed manner
    to recognise on a reciprocal basis foreign qualifications in law
    obtained outside India for the purpose of admission as an advocate
    under this Act

    contd……
    Contd…..
    to manage and invest the funds of the Bar
    Council
    to provide for the election of its members
    to perform all other functions conferred
    on it by or under this Act
    to do all other things necessary for
    discharging the aforesaid functions.
    Disciplinary powers of Bar
    Council of India

    As per section 36 of Advocates Act, 1961-


    Where on receipt of a complaint or otherwise
    the Bar Council of India has reason to believe
    that any advocate whose name is not entered on
    any State roll has been guilty of professional or
    other misconduct, it shall refer the case for
    disposal to its disciplinary committee.
    Contd…
    The disciplinary committee of the Bar Council
    of India may, either of its own motion or on a
    report by a State Bar Council or on an
    application made to it by any person interested
    withdraw for inquiry before itself any
    proceedings for disciplinary action against any
    advocate pending before the disciplinary
    committee of any State Bar Council and dispose
    of the same.
    Contd….
    The disciplinary committee of the Bar Council
    of India, in disposing of any case under this
    section, shall observe, so far as may be, the
    procedure laid down in section 35, the references
    to the Advocate-General in that section being
    construed as references to the Attorney-General
    of India.
    Contd…..
    In disposing of any proceedings under this section
    the disciplinary committee of the Bar Council of
    India may make any order which the disciplinary
    committee of a State Bar Council can make under
    sub-section (3) of section 35, and where any
    proceedings have been withdrawn for inquiry
    before the disciplinary committee of the Bar
    Council of India, the State Bar Council concerned
    shall give effect to any such order.
    Appeal to the Bar Council of
    India
    As per section 37 of Advocates Act, 1961-
    Any person aggrieved by an order of the disciplinary
    committee of a State Bar Council made under section 35
    or the Advocate General of the state may, within sixty
    days of the date of the communication of the order to him,
    prefer an appeal to the Bar Council of India.
    Every such appeal shall be heard by the disciplinary
    committee of the Bar Council of India which may pass
    such order including an order varying the punishment
    awarded by the disciplinary committee of the State Bar
    Council thereon as it deems fit.
    Reasonable Opportunity of being
    Heard (Necessity)
    Provided that no order of the disciplinary
    committee of the State Bar Council shall be
    varied by the disciplinary committee of the Bar
    Council of India so as to prejudicially affect the
    person aggrieved without giving him reasonable
    opportunity of being heard.
    Appeal to the Supreme Court
    (As per Section- 38)
    Any person aggrieved by an order made by the
    disciplinary committee of the Bar Council of India
    under section 36 or section 37 or the Attorney-General
    of India or the Advocate-General of the State
    concerned, as the case may be, may within sixty days
    of the date on which the order is communicated to him,
    prefer an appeal to the Supreme Court and the Supreme
    Court may pass such order including an order varying
    the punishment awarded by the disciplinary committee
    of the Bar Council of India thereon as it deems fit.

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