Powers of Disciplinary Cimmittee

The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961
that regulates the legal practice and legal education in India. Its members are elected from amongst
the lawyers in India and as such represents the Indian bar. It prescribes standards of professional
conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal
education and grants recognition to Universities whose degree in law will serve as a qualification for
students to enroll themselves as advocates upon graduation.
Disciplinary Committee: This committee reviews applications by persons against summary

dismissal of their complaints against advocates for professional misconduct, by the state bar
councils and appeals against orders of the disciplinary committees of the state bar councils.
The Powers of disciplinary committee
(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any
advocate (Note:- The words "on the common roll" omitted by Act 60 of 1973, sec.25) whose name is not
entered on any State roll has been guilty of professional or other misconduct, it shall be refer the case for
disposal to its disciplinary committee.
(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of
India may, [(Note:- Subs. by Act 60 of 1973, sec.25, for the words "of its own motion".) either of its own
motion or on a report by any State Bar Council or 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.
(3) The disciplinary committee of the Bar Council of India 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.
(4) 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section (3) of section, 35 and where any proceedings have been withdrawn for inquiry [(Note:- Subs. by
Act 60 of 1973, sec.26) before the disciplinary committee of the Bar Council of India] the State Bar
Council concerned shall give effect to any such order.
Section 42 of Advocates Act, 1961 Provides the Powers of disciplinary committee. –
(1) The disciplinary committee of the 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 ;-
a. summoning and enforcing the attendance of any person and examining him on oath ;
b. requiring discovery and production of any documents ;
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 ;
Provided that no such disciplinary committee shall have the right to require the attendance of
a. any presiding officer of a court except with the previous sanction of the High Court to which
court is subordinate ;
b. any officer of a revenue court except with the previous sanction of the State Government.
(2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860),
and every such disciplinary committee shall be deemed to be a civil court for the purpose of sections 480,
482 and 485 of Code of Criminal Procedure, 1898 (5 of 1898).
(3) For the purpose of exercising any of the powers conferred by sub section (1), 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 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.
(4) (Note:- Sub-sections (4) and (5) ins. by Act 60 of 1973, sec.32) Notwithstanding the absence of the
Chairman or any member of a disciplinary committee on a date fixed for the hearing of a case before it,
the disciplinary committee may, if it so thinks fit, hold or continue the proceedings on the date so fixed
and no such proceedings and no order made by the disciplinary committee in any such proceedings shall
be invalid merely by reason of the absence of the Chairman or member thereof on any such date.
Provided that no final orders of the nature referred to in sub-section (3) of Section 35 can be made in any
proceedings unless the Chairman and other members of the disciplinary committee are present.
(5) Where no final order of the nature referred to in sub section (3) of section 35 can be made in any
proceedings in accordance with the opinion of the Chairman and the members of a disciplinary committee
either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon,
shall be laid before the Chairman of the Bar Council concerned or if the Chairman if the Bar Council is
acting as the Chairman or a member of the disciplinary committee, before the Vice Chairman of the Bar
Council, and the said Chairman or the Vice Chairman of the Bar Council, as the case may be, after such
hearing as he thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall
follow such opinion.

Powers of Disciplinary Cimmittee

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The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961

Disciplinary Committee: This committee reviews applications by persons against summary

The Powers of disciplinary committee

Section 42 of Advocates Act, 1961 Provides the Powers of disciplinary committee. –

b. requiring discovery and production of any documents ;

c. receiving evidence on affidavits ;

e. issuing commissions for the examination of witness or documents ;

f. any other matter which may be prescribed ;

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