The legal profession in India is governed by the Advocates Act, 1961, which lays down provisions for enrollment, regulation, and disqualification of advocates. To ensure the integrity, competence, and ethical standards of the legal profession, the Bar Council of India (BCI) and State Bar Councils are empowered to remove advocates from their rolls under certain conditions.
Introduction to Disqualification from Bar Council
Enrollment as an advocate grants a license to practice law. However, misconduct, lack of qualifications, or criminal behavior may lead to disqualification or removal from the Bar Council rolls. This process ensures that only qualified and ethical individuals are allowed to continue practicing law in India.
Grounds for Disqualification or Removal
1. Professional Misconduct
- Misuse of client funds
- Fabrication of evidence
- Misrepresentation in court
- Violating rules of professional ethics
2. Criminal Conviction
- Conviction for an offence involving moral turpitude
- Serious criminal charges resulting in imprisonment
- Criminal offenses under laws such as IPC, Prevention of Corruption Act, etc.
3. Unsoundness of Mind
- Declared of unsound mind by a competent court
- Unable to perform legal duties due to mental incapacity
4. Insolvency
- Declared insolvent by a court of law, unless the court finds no moral failing
5. Fraudulent Enrollment
- If the advocate secured enrollment by forgery, misrepresentation, or fake degrees
6. Breach of Bar Council Rules
- Violating rules laid down in the Bar Council of India Rules, especially related to ethics and conduct
Legal Provisions Governing Disqualification
Advocates Act, 1961
Section 24A – Disqualification for enrollment
- Persons convicted of an offence involving moral turpitude are disqualified for 2 years from the date of release.
Section 35 – Punishment for professional misconduct
- The State Bar Council can refer cases of misconduct to a Disciplinary Committee.
- Punishment may include:
- Reprimand
- Suspension from practice
- Removal of name from the roll of advocates
Section 36 and 36B – BCI oversight powers
- The Bar Council of India can directly take up or review disciplinary proceedings.
Procedure for Removal from the Rolls
- Complaint Lodged: A complaint is filed by a client, another advocate, or court.
- Disciplinary Committee: State Bar Council initiates an inquiry.
- Opportunity to be Heard: The accused advocate is given a chance to defend.
- Decision: Based on findings, appropriate action is taken (reprimand, suspension, or removal).
- Appeal: Decision can be appealed before the Bar Council of India or Supreme Court.
Important Case Laws
- V.C. Rangadurai v. D. Gopalan (AIR 1979 SC 281):
Supreme Court held that punishment for misconduct must be proportionate and fair. - Ex-Capt. Harish Uppal v. Union of India (2003):
Advocates can be barred from practice for conduct that affects justice delivery.
Consequences of Removal
- Cannot practice in any court or tribunal
- Loss of client trust and reputation
- May be permanently barred from re-enrollment
- May affect chances of employment in legal or academic sectors