2. Disciplinary committees

The legal profession in India is governed by strict standards of ethics and discipline. To uphold the dignity and integrity of the legal system, the Advocates Act, 1961 provides for the establishment of Disciplinary Committees at both the State Bar Council and Bar Council of India levels. These committees are responsible for addressing professional misconduct and ensuring advocates maintain professional decorum.

Legal Basis of Disciplinary Committees

• Advocates Act, 1961
  • Section 35 – Disciplinary proceedings by State Bar Council.
  • Section 36 – Powers of the Bar Council of India in disciplinary matters.
  • Section 36B – Transfer of cases from State Bar Council to Bar Council of India.
  • Section 37 – Appeal to Bar Council of India.
  • Section 38 – Appeal to the Supreme Court.

Constitution of Disciplinary Committees

At the State Bar Council Level

• Each State Bar Council constitutes one or more Disciplinary Committees.
• A committee consists of three members, elected from among the members of the State Bar Council.
• One member must have at least 10 years of standing as an advocate.
• The senior-most member serves as the Chairperson.

At the Bar Council of India Level

• The Bar Council of India (BCI) also forms Disciplinary Committees for appeals and transferred cases.
• These committees are also composed of three members, with similar qualifications and appointment processes.

Powers and Functions of Disciplinary Committees

1. Inquiry into Professional Misconduct

• The primary role is to inquire into complaints of professional or other misconduct against advocates.
• Misconduct may include:
  • Breach of professional ethics
  • Misappropriation of client funds
  • Misleading the court
  • Moral turpitude

2. Issuing Notices and Summons

• The committee may summon parties, require production of evidence, and examine witnesses—similar to civil court powers under the Civil Procedure Code.

3. Passing Orders

After inquiry, the Disciplinary Committee may:

• Dismiss the complaint, if not proved.
• Reprimand the advocate.
• Suspend the advocate from practice for a specific period.
• Remove the name of the advocate from the roll (disbarment).

4. Appellate Powers

• The Bar Council of India hears appeals against orders passed by the State Disciplinary Committees under Section 37.
• Further appeal lies with the Supreme Court of India under Section 38.

Procedure of Disciplinary Proceedings

1. Complaint Filed – By a client, court, or any person with evidence.
2. Preliminary Scrutiny – State Bar Council evaluates whether there’s a prima facie case.
3. Reference to Disciplinary Committee – If a case exists, it is forwarded for inquiry.
4. Inquiry and Hearing – Both parties present evidence.
5. Final Order – Committee issues a detailed speaking order with its decision.

Safeguards for Advocates

• Advocates are entitled to a fair hearing.
• The principle of natural justice is followed.
• Advocates may be represented by another lawyer during the proceedings.
• Appeal mechanisms ensure fairness and transparency.