Introduction: Disciplinary Mechanism under the Advocates Act, 1961
The legal profession in India is governed by the Advocates Act, 1961, which provides a framework for regulating the conduct of advocates. One of the core features of this law is the constitution of Disciplinary Committees within each State Bar Council to deal with allegations of professional misconduct. The purpose is to maintain the integrity, honesty, and accountability of legal professionals in India.
Constitution of the Disciplinary Committee
- As per Section 9 of the Advocates Act, 1961, each State Bar Council must constitute one or more Disciplinary Committees.
- Each committee must consist of three members elected by the State Bar Council from among its members.
- One of the three members must be designated as the Chairman of the committee.
Step-by-Step Procedure When a Complaint is Received
1. Receipt of Complaint
- A complaint against an advocate may be filed by any person, including clients or another advocate, for alleged professional or other misconduct.
- The complaint must be made in writing and supported by an affidavit and relevant documents.
- The complaint is filed with the Secretary of the State Bar Council.
2. Preliminary Scrutiny
- The Secretary of the State Bar Council reviews the complaint to ensure it is valid, properly signed, and documented.
- If the complaint is incomplete or lacks clarity, the Secretary may request further information from the complainant.
- Once validated, the complaint is placed before the Bar Council for preliminary evaluation.
3. Refer to the Disciplinary Committee
- If the State Bar Council finds prima facie grounds for misconduct, it refers the matter to its Disciplinary Committee under Section 35(1) of the Advocates Act.
- The Disciplinary Committee then assumes responsibility for conducting a formal inquiry.
4. Notice to the Advocate
- The Disciplinary Committee issues a notice to the concerned advocate, attaching a copy of the complaint.
- The advocate is given an opportunity to respond in writing, typically within a specified time (usually 30 days).
5. Fixing the Date of Hearing
- Once the written statement is received, the committee fixes a date for oral hearing.
- Both the complainant and the advocate are given a chance to present evidence, produce witnesses, and cross-examine.
6. Conducting the Inquiry
- The inquiry conducted by the Disciplinary Committee is quasi-judicial in nature.
- It follows principles of natural justice, ensuring both parties are heard.
- The proceedings may be recorded, and documentary evidence is examined thoroughly.
7. Decision of the Disciplinary Committee
- After completing the inquiry, the committee may decide:
- The advocate is not guilty of misconduct and dismiss the complaint.
- The advocate is guilty of misconduct and impose any of the following punishments:
- Reprimand
- Suspension from practice for a specified period
- Removal of the advocate’s name from the roll of advocates
- The decision is communicated to both parties and published in the official gazette.
8. Right to Appeal
- Any person aggrieved by the decision of the State Bar Council’s Disciplinary Committee can file an appeal before the Bar Council of India (BCI) under Section 37.
- If still aggrieved, a further appeal may be made to the Supreme Court of India under Section 38.
Time Frame and Limitations
- Ideally, the inquiry should be completed within one year of the receipt of the complaint.
- If not, reasons for delay must be recorded, and extensions may be granted under special circumstances.
Legal Provisions Supporting the Procedure
| Provision | Description |
|---|---|
| Section 9 | Constitution of Disciplinary Committee |
| Section 35 | Procedure for misconduct inquiry |
| Section 36 | Powers of the Bar Council of India in disciplinary matters |
| Section 37 | Appeal to the Bar Council of India |
| Section 38 | Appeal to the Supreme Court |
Conclusion
The disciplinary mechanism under the Advocates Act, 1961 plays a pivotal role in maintaining the professional ethics and public trust in the legal system. By establishing a transparent and fair process, the State Bar Councils ensure that advocates are held accountable while also protecting them from frivolous complaints.
Code to Remember: “DISCIPLINE”
| Letter | Meaning |
|---|---|
| D | Document filing (Complaint received) |
| I | Initial scrutiny |
| S | State Bar Council reviews |
| C | Committee reference |
| I | Issuance of notice to advocate |
| P | Preliminary hearing |
| L | Legal inquiry conducted |
| I | Imposition of penalty (if any) |
| N | Notification of decision |
| E | Escalation through appeal |