Introduction:-

Professional ethics encompass the personal, organizational, and corporate standards of behavior
expected of professionals. The term professionalism originally applied to vows of a religious
order. By at least the year 1675, the term had seen secular application and was applied to the
three learned professions: Divinity, Law, and Medical. The term professionalism was also used
for the military profession around this same time. Professionals and those working in
acknowledged professions exercise specialist knowledge and skill. How the use of this
knowledge should be governed when providing a service to the public can be considered a moral
issue and is termed professional ethics. Professionals are capable of making judgments, applying
their skills, and reaching informed decisions in situations that the general public cannot because
they have not attained the necessary knowledge and skills. One of the earliest examples of
professional ethics is the Hippocratic Oath to which medical doctors still adhere to this day.
Professional conduct is the field of regulation of members of professional bodies, either acting
under statutory or contractual powers1.

As we all know that the requirement of lawyers in the recent time has risen unprecedentedly
because of the constant interference of the government in the judicial matters due to the
pendency of the cases. Although lawyers are there to represent the aggrieved party and their case
through proper legal proceedings. Lawyers are regarded as the medium through which one can
get the Justice without any Hindrance. Since the incorporation of the Judiciary system in India, it
has been seen and now it has become a very common practice that lawyers instead of helping out
the people in getting justice are more inclined towards conning people and extracting the
handsome amount of money from them2.

1
http://youngarenalitigators.blogspot.com/2017/03/professional-ethics-and-punishment-for.html
2
https://blog.ipleaders.in/how-to-complaint-against-a-lawyer/

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DISCIPLINARY COMMITTEE:-

The disciplinary committee of the Bar Council of India hears applications for revision by persons
against summary dismissal of their complaints against advocates for professional misconduct, by
the State Bar Councils. Appeals lie before the Bar Council of India against orders of the
disciplinary committees of the State Bar Councils. Every such appeal is heard by the disciplinary
committee of the Bar Council of India, which may pass an order, including an order varying the
punishment awarded by the disciplinary committee of the State Bar Council. Each disciplinary
committee consists of three members. The term of the members of this committee is three years3.

Bar Council of India—its disciplinary committee4:-

(1) Organizations—Section 36 of the Advocates Act empowers the Bar Council of India to
refer, in certain circumstance, the case for disposal to its disciplinary committee.

Section 9 provides that a Bar Council shall constitute one or more disciplinary committees, each
of which shall consist of three persons of persons elected b the whom two shall be y the Council
from amongst its members and the other shall be a person elected by the Council from amongst
advocates who possess the qualifications specified in the proviso to sub-section (2) of Section 3
and who are not members of the Council and the senior most advocate amongst the members of a
disciplinary committee shall be the Chairman thereof.

(2) Initiation and Procedure.—Sub-section (1) provides that 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. Sub-section (2) of section 36 provides that the
Disciplinary committee of the Bar Council of India may either on its own motion or on a report
by any 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. The Rules framed
by the Bar Council of India on this issue are notable. These are found in Chapter 1 of Part, VII
of the Rules of Bar Council of India. Rule 18 provides that where a State Bar Council makes a

3
http://indianbarassociation.org/wp-content/uploads/2013/12/BAR-COUNCIL-OF-INDIA1.pdf
4
http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/

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report referred to in Section 36(2) of the Act, the Secretary of the State Bar Council shall send
to the Secretary of the Bar Council of India all the records of the proceedings along with the
report. An application by a person interested in the withdrawal of a proceeding referred to in
Section 36(2) of the Advocates Act shall be signed by him and it shall set out the necessary
facts supported by an affidavit and accompanied by the fee prescribed. For making an order on
an application of a party or otherwise under Section 36(2) of the Act, the disciplinary committee
of the Bar Council of India may call for a Report of the Disciplinary Committee seized of the
proceeding and issue notice to the respondent. It may require the parties to file such statements
as it considers necessary and call for the record of the proceedings. It may examine the
witnesses. In the proceeding before the disciplinary committee of the Bar Council of Indian
under Section 36, unless otherwise directed, the parties may appear in person or by advocate who
shall file a vakalatnama. On a consideration of the Report of a State Bar Council or otherwise
the disciplinary committee of the Bar Council of India shall pass such orders as it considers
proper. Sub-section (3) of Section 36 provides that in disposing of the case, the disciplinary
committee of the Bar Council of India 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. Sub-section (4) of Section 36 provides that 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. It also
makes it clear that 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. Section 36-A is also notable.
It provides that whenever in respect of any Proceedings under Section 36, a disciplinary
committee of the Bar _ of India ceases to exercise jurisdiction and is succeeded by another
committee which has and exercises jurisdiction, the disciplinary committee succeeding may
continue the proceedings from the stage at which the Pro v.tuni-,8 were so left by its
predecessor committee.

However, where on the commencement of the Advocates (Amendment) Act, 1973, any
proceedings in respect of any disciplinary matter against an advocate is pending before the
disciplinary committee of a State Bar Council, that disciplinary committee of the State Bar
Council shall dispose of the same within a period of six months from the date of such

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commencement or within a period of one year from the date of the receipt of the complaint or, as
the case may be, the date of initiation of the proceedings at the instance of the State Bar Council,
whichever is later, failing which such proceedings shall stand transferred to the Bar Council of
India for disposal.

(3) Powers.—Section 42 deals with the powers of the disciplinary committee of a Bar Council.
The provisions of Section 42 have already been stated in this Chapter in the context of the
powers of the disciplinary committee of the State Bar Council. Section 42-A makes it clear that
the provisions of Section 42 shall, so far as may be, apply in relation disciplinary committee of
the Bar Council of India. From Section 43 it becomes clear that the disciplinary committee of the
Bar Council of India may make such order as to the costs of any proceedings before it as it may
drew fit and any such order shall be executable as if it were an order of the Supreme Court.

Section 44 provides that the disciplinary committee of a Bar Council may of its own motion or
otherwise review any order within 60 days of the date of that order passed by it under Chapter V
dealing with the punishment of advocate for misconduct.

COMMITTEES OF BAR COUNCIL OF INDIA5:-

The Bar Council of India has various committees that make recommendations to the Council.
The members of these committees are elected from amongst the members of the Council. The
Advocates Act mandates the creation of a Disciplinary Committee (under section 9), a Legal
Education Committee, and an Executive Committee (under section 10). Chapter III of the Bar
Council of India Rules permit the Council to appoint from amongst its members, one or more
committees in addition to those specified in the Act. The Council can delegate powers, duties,
and functions to these committees. The term of the members of the committees of the Council
has been specified in Chapter III of the Bar Council of India Rules. A different term can be
specified at the time of election.

The different committees are-

 Legal education committee

 Dicsiplinary committee

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  Executive committee
1) LEGAL EDUCATION COMMITTEE:-

The Legal Education Committee consists of five members of the Bar Council of India and five
coopted members to represent the judiciary, the Law Ministry, the University Grants
Commission, and academia. This committee makes recommendations to the Bar Council of India
on all matters pertaining to legal education in the country.

The committee elects its own Chairman. The Legal Education Committee has the power:

 To make recommendations to the Council for laying down the standards of legal
education for Universities.
 To visit and inspect Universities and report the results to the Council.
 To recommend to the Council the conditions subject to which foreign qualification in law
obtained by persons other than citizens of India may be recognized.
 To recommend to the Council for recognition of any degree in law of any University in
the territory of India.
 To recommend the discontinuance of recognition of any University already made by the
Council.
2) DISCIPLINARY COMMITTEE:-

The disciplinary committee of the Bar Council of India hears applications for revision by persons
against summary dismissal of their complaints against advocates for professional misconduct, by
the State Bar Councils. Appeals lie before the Bar Council of India against orders of the
disciplinary committees of the State Bar Councils. Every such appeal is heard by the disciplinary
committee of the Bar Council of India, which may pass an order, including an order varying the
punishment awarded by the disciplinary committee of the State Bar Council. Each disciplinary
committee consists of three members. The term of the members of this committee is three years.

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 3) EXECUTIVE COMMITTEE

The Executive Committee is the executive authority of the Council, and is responsible for giving
effect to the resolutions of the Council. Members of the Executive Committee are elected from
amongst the members of the Bar Council of India. The committee elects its Chairman and Vice-
chairman.

The Executive Committee has the power:

 To manage the funds of the Council,

 To invest the funds of the Council in the manner directed by the Council from time to
time,
 To grant leave to members of the staff, other than casual leave,
 To prescribe books of account, registers and files for the proper management of the
affairs of the Council,
 To appoint and supervise the work of the members of the staff and prescribe their
conditions of service,
 To appoint auditors and fix their remuneration,
 To consider the annual audit report and place it before the Council with its comments for
its consideration,
 To maintain a library and under the directions of the Council, publish any journal, treatise
or pamphlets on legal subjects,
 To prepare and place before the Council, the annual administration report and the
statement of account,
 To provide for proper annual inspection of the office and its registers,
 To authorize the Secretary to incur expenditure within prescribed limits,
 To fix travelling and other allowances to members of the committees of the Council, and
to members of the staff,
 To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers,
 To do all other things necessary for discharging the aforesaid functions.

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Complaint against advocates and procedure to be followed by the Disciplinary Committee6.

Part VII of the Rules of Bar Council of India deals with the disciplinary committee of the State
procedure Council and the Bar Council of procedure to be followed by the India. These rules
may be explained as follows.

Complaint and enquiry under Sections 35, 36 and 36-B of Advocates Act- The provision of
section 35, 36 and 36-B of the Advocate Act have already been discussed under this chapter.
Rule 1 of Part VII of the rules framed by the Bar Council of India make it clear that a complaint
against advocate shall be in form of a petition duly signed and verified as required under the
Code of Civil Procedure. It also provides that if the complaint is not in English, a translation
thereof in English shall be filed along with the same. Every complaint shall be accompanied by
the fees as council of India. The Prescribed in the rules framed by the Bar the Bar Council may
require the complainant to pay the prescribed fees, if not paid, to remove any defects and call for
such particulars or copies of the complaint or other documents as may be considered necessary.

If the complaint is found in order it shall be registered and placed before the Bar Council for
such order as it may deem fit to pass. Rule 1 makes it clear that no matter taken up by a State Bar
Council suo mote or arising on a complaint made under Section 35 of the Act shall be dropped
solely by reason of its having been withdrawn, settled or otherwise compromised or that the
complainant does not want to proceed with the enquiry.

Rule 2 provides that before referring a complaint under Section 35 to the disciplinary committee,
the Bar Council may require a complainant to furnish within a time to be fixed by it, further and
better particulars and. may also call for the comments from the advocate complained against.

Rule 3 provides that after a complaint has been referred to a disciplinary committee by the Bar
Council, the Registrar shall expeditiously send a notice to the advocate concerned requiring him
to show cause within a specified date on the complaint made against him and to submit the
statement of defence, documents and affidavits in support of such defence and further informing
him that in case of his non-appearance on the date of hearing fixed, the matter shall be heard and
determined in his absence. Appearance includes, unless otherwise directed, appearance by an

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advocate or through duly authorized representative. If the disciplinary committee requires or
permits, a complainant may file a replication within such time as may be fixed by the committee.

Rule 4 provides that the Chairman of the disciplinary committee shall fix the date, hour and
place of the enquiry which shall not ordinarily be later than 30 days from the receipt of the
reference. The Registrar is required to give notice of such date, hour and place to the
complainant or other person aggrieved, the advocate concerned and the Attorney-General or the
Additional-Solicitor-General of India or the Advocate-General, as the case may be, and also to
serve on them copies of the complaint and such other documents mentioned in Rule 24[1] of this
chapter (i.e., Chapter I) of Part VII of the Rules of the Bar Council of India as the Chairman of
the Committee may direct at least ten days before the date fixed for the enquiry.

Rule 5 deals with the manner of service of the notice. It provides that the notices referred to in
Chapter I of Part VII of the Rules of the Bar Council of India shall, subject to necessary
modification, be in Form Nos. E-1 and E-2, and be sent to the advocates appearing for the
parties. Notice to apart not appearing by the advocate shall be sent to the address as furnished in
the complaint or in the grounds of appeal. The cost of the notice shall be borne by the
complainant, unless the disciplinary committee otherwise directs.

Where the notice sent to any party cannot be served as aforesaid,, may be served by affixing a
copy thereof in some conspicuous place in the office of the Bar Council and also upon some
conspicuous part of the house in which the party concerned is known to have last resided or had
his office or in such other manner as the Committee thinks fit. such' service shall be deemed to
be sufficient service. Payments of bills and/or charges for summons to witness, etc. shall be in
accordance with the rule made by the Bar Council of India under Section 49(h) of the Advocates
Act. According to Rule 6 of Chapter I of Part VII of the Bar Council of India the parties can
appear in person or by an advocate who should file a vakalatnama giving the name of the Bar
Council in which he is enrolled. his residential address, telephone number (if any) and his
address for service of notices. A senior advocate is entitled to appear with another advocate who
has filed a vakalatnama. The Bar Council or its disciplinary Committee may at any stage of a
proceeding appoint an advocate to appear as amicus curia. Such advocate may be paid such fee
as the Council or the Committee may decide. Excepting when the committee has otherwise
directed, service on the advocate shall be deemed to be sufficient service on the parties

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concerned, even if copies of the notices are in addition sent to the parties, whether the parties
have or have not been served. Unless otherwise indicated, where more than one advocate appears
for the same party, it is sufficient to serve the notice on any of them.

Rule 7 of Chapter I of Part VII provides that if in an enquiry on a complaint received, either the
complainant or the respondent does riot appear before the disciplinary committee in spite of
service of notice. The committee may proceed ex parte or direct fresh notice to be served. MY
such order for proceeding ex parte may be set aside on sufficient cause being shown when an
application is made supported by an affidavit' within 60 days of the passing of the ex parte order.
The explanation the Rule makes it clear that the provisions of the Limitation Act, 1963' shall
apply to it.

Rule 8 of Chapter 1 of Part VII provides that the disciplinary committee shall hear the Attorney.
Solicitor-General of India or the Additional Solicitor-General of India or their advocate and
parties or their of General or the Additional e-General, as the case may heir and determine the
matter on document, and affidavit, unless it is of the opinion that that it should be in the, interest
of justice to permit opinion that it should be in the interest of justice to permit cross-examination
of the defendants or to take oral evidence, in which case the procedure for the trial of civil ma ,
be followed. The disciplinary committee may, at any stage, direct the parties or their advocates to
furnish such further and better particular is it considers necessary.

Rule 9 of Chapter I of Part VII provides that evidence given before the disciplinary committee
shall 1) recorded preferably in English by any member of the committee or any other person
authorised by the committee. The evidence so recorded shall be signed by the Chairman or if the
Chairman is not there when the evidence is recorded by any member of the Committee.

Remedies against the order of punishment passed by the Disciplinary Committee 7:-

Section 35 of Advocate Act 1961 provides for punishment for professional misconduct or other
misconduct. In exercise of powers under Section 35 of the Advocate Act, on receipt of a
complaint against an advocate or suo moto, if the State Bar Council has reason to believe that
any Advocate on its roll has been guilty of professional or other misconduct, disciplinary

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proceedings may be initiated against him. The Disciplinary Committee of the State Bar Council
is empowered to inflict punishment including removal of his name from the rolls of the Bar
Council and suspending him from practice for a period deemed fit by it, after giving advocate
concerned and the Advocate-General of the state an opportunity of hearing. However, an appeal
against the order of the Disciplinary Committee may be preferred to the bar Council of India
under Section 37 and thereafter to the Supreme Court of India against the order of the Bar
Council of India under the section 38 of Advocate Act, 1961. The Advocate Act provides
remedies against the order of punishment. An advocate aggrieved by the order of Disciplinary
Committee can evoke the following remedies –

1. Review
2. Revision
3. Application for Stay
4. Appeal

a. Review:-

It is provided in Section 44 of the Advocates Act, 1961. By virtue of this Section the
Disciplinary Committee of Bar Council of its own motion or otherwise review any order, within
60 days of the date of order passed by it under this Chapter. However, no such order of Review
of the Disciplinary Committee of a State Bar Council shall have effect, unless it has been
approved by the Bar Council of India. According to Section 48-AA of the Bar Council of India
or any of the its Disciplinary Committee, may on its own motion or otherwise, review any order,
within 60 days of the date of that order, passed by it under the Advocate Act 1961. The
procedure for making review application is given in chapter II, Part VII of the rules of the Bar
Council of India. It is in the form of petition duly signed and supported by an affidavit
accompanied by prescribed fee and certified copy of the order, complained of.

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Rules For Review under Section 44 of the Act as follows:-

 An application for review under Section 44 of the Act shall be in the form of a petition
duly signed and supported by an affidavit accompanied by the prescribed fee and filed
within 60 days from the date of the order sought to be reviewed.
 Every such application shall be accompanied by :
a) Certified copy of the order complained of.
b) Five additional copies of the application, affidavit and the order; and
c) If there are more respondents than one, as many additional true copies as may be
necessary.
 Every such application shall set out the grounds on which the Review is sought and shall
further state whether any proceeding in respect thereof was filled and is still pending or
the result thereof as the case may be.
 If a Disciplinary Committee of Bar Council does not summarily reject the application
under Section 44 of the Act, or wishes to exercise its powers under Section 44 suo motu,
the secretary of a Bar Council shall issue as nearly as maybe in the Form, notice to the
parties and to the Advocate-General concerned or the Additional Solicitor-General of
India in the case of the Bar Council of India.
 (1) If after the hearing referred to in rule 4, the Disciplinary Committee of a State Bar
Council does not dismiss the application, and decides that the application for review
should be allowed, the copy of the order along with the relevant record shall be sent to
the bar council of India for approval.
 (2) If the Bar Council of India approves the order of the Bar Council, the Disciplinary
Committee of the State Bar Council shall communicate the order to the parties, if the bar
council of India does not approved it, the Disciplinary Committee of the State Bar
Council shall make its order dismissing the application and inform the parties.
 The decision of the Disciplinary Committee of the Bar Council of India on an application
for Review of its order shall be communicated to the parties.
 In the proceedings under this chapter, unless the disciplinary committee of the State Bar
Council or the Bar Council of India, as the case may be otherwise decides, the parties
may appear by the Advocate who shall file a Vakalatnama signed by the party.

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 b. Revision Section. 48-A (Amendment 1964 ):-
1) The Bar Council of India may, at any time call for the record of proceeding under this
Act which has been disposed of by the State Bar Council or a Committee thereof, and
from which no appeal lies, for the purpose of satisfying itself as to the legality or
propriety of such disposal and may pass such orders in relation thereto as it may think fit.
2) No order which prejudicially affects any person shall be passed under this section without
giving a reasonable opportunity of being heard.

c. Application for Stay -

According to Section 40(1) of the Advocate Act,1961, an Appeal made under Section 37 or
Section 38 shall not operate as a stay of the order appealed against, but the Disciplinary
Committee of India and the Supreme Court as the case may be, may for sufficient cause direct
the stay of such order on such terms and conditions as it may deem fit. Rule 29 of chapter I Part
VII of the Bar Council of India Rules provides that an application for stay shall be accompanied
by an affidavit and the fee prescribed by the Bar Council of India

d. Appeal -
a) Appeal to the Bar Council of India
b) Appeal to Supreme Court

 Appeal to the Bar Council of India -

In case the order of punishment has been passed by the Disciplinary Committee of the State Bar
Council, an Appeal may be preferred to the Bar Council of India under Section. 37 of the
Advocates Act, 1961. It provides that any person aggrieved by an order of the Disciplinary
Committee of a State Bar council made under Section 35, of the Advocate-General of State may,
within 60 days of the date of the communication of the order to him, prefer an appeal to the Bar

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Council of India. Under Section 37(2), 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
deemed fit ;

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 a reasonable opportunity of being heard.

 Appeal to Supreme Court -

As per section 38 of the Advocates Act,1961 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 60 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 :

Provided that no order of the Disciplinary Committee of the bar Council of India shall be varied
by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a
reasonable opportunity of being heard. The Bar Council of India has framed the rules as to the
procedure to be observed in case of Appeal. The Appeal memo in a prescribed form to be
accompanied with the certified copy of the order appealed against signed by the appellant with a
prescribed fee within limitation period. Delay can be condoned if satisfactorily explained and to
be supported by an affidavit. Thus, an appeal against the order passed by the Disciplinary
Committee may be preferred to the Bar council of India and an appeal against the order of the
Bar council of India may be preferred to the Supreme Court.

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Punishments that can be given to an Advocate under the Advocates Act, 1961 for
professional misconduct8:-

Before the Enactment of the Advocate Act, 1961 , High court has the Disciplinary jurisdiction
over legal practitioners. The High Court is the competent authority to punish the advocates for
their professional misconduct. But now the Advocate Act, 1961 entrusted this jurisdiction of
dealing misconduct of the advocates to the Bar councils. As the Bar council is a large body with
the multiple activities, it entrusted to their Disciplinary Committees . The Disciplinary
Committees have authority to hold Disciplinary proceedings against the misconduct of
advocates.

The authority to punishment for professional misconduct9:-

According to Section 35(1-A) of Advocate Act Provides that the State Bar council may, either of
its own motion or on application made by it by any person interested , withdraw a proceeding
pending before its Disciplinary Committee and direct the inquiry to be made by any other
Disciplinary Committee of that State Bar council. According to section 35(2) of the Advocate
Act, the disciplinary committee of a State Bar council shall fix a date for the hearing of the case
and shall cause a notice thereof to be given to the advocate concerned and the Advocate-General
of the State. Section 35 (3) Provides that the Disciplinary Committee of a State Bar Council after
giving the Advocate concerned and the Advocate General on opportunity of being heard, may
make following orders, namely : -

a) Dismiss the complaint or where the proceedings were initiated at the instance of the State
Bar Council, direct that the proceedings be filed;
b) Reprimand the advocate
c) Suspend the advocate from practice for such period as it may deem fit ;
d) Remove the name of the advocate from the State roll of advocates.

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9

https://www.advocatekhoj.com/library/bareacts/advocate/37.php?Title=Advocates%20Act,%201961&STitle=Appe
al%20%20to%20the%20Bar%20Council%20of%20India

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Where an advocate is suspended from practice as per the order of disciplinary committee he shall
during the period of suspension, be debarred from practicing in any court or before any authority
or person in India.

Punishment for misconduct:-

The Disciplinary committee of the State Bar Council after hearing the Advocate concerned and
the Advocate general comes to the conclusion that the misconduct is proved that it may pass any
of the following orders, namely

i. Reprimand the Advocate.

ii. Suspend the Advocate from the practice for such period as it thinks fit.
iii. Remove the name of the Advocate from the Advocates Roll.

Punishment may be awarded depending on the gravity of misconduct established against him.
The punishment to remove from the Advocates Roll is awarded only in the cases where the
misconduct is of such nature that the Advocate is unworthy of remaining in the profession.
Where an Advocate is suspended from the practice he shall not practice in any court or tribunal
or any authority or person during the suspended period. Where notice is issued to the Advocate
general, he may appear before the disciplinary committee in person or through any Advocate
appearing on his behalf. If the misconduct is not proved beyond reasonable doubt then the
disciplinary committee shall dismiss the petition.

Remedies against the order of punishment:-

1. Appeal to the Bar council of India (s 37):

Any person aggrieved by the order of the disciplinary committee of the State Bar Council, or the
Advocate general of the State may within 60 days from the date of the order may prefer an
appeal to the Bar Council of India. The appeal shall be filed in person or through by Advocate or
by registered post. He must submit 5 copies of appeal memorandum along with the attested copy
of the order of the State Bar Council. Such appeal shall be heard by the disciplinary committee of
the Bar Council of India and after hearing it may pass any order it deems fit rty can ask for the
stay of the order still the disposal of the appeal. If the genuine grounds are there then the Bar
Council or Supreme Court shall stay the order still the disposal of the appeal.

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 2. Review of its own order by the State Bar Council

According to S.44, the Disciplinary committee of a State Bar council is empowered to review its
own order either on its own motion or an application by the aggrieved party within 60 days from
the date of order. In the review proceedings also the State Bar council will hear the concerned
parties before making any order. Any order passed in review by the disciplinary committee of the
state Bar Council shall have effect only when it is approved by the Bar Council of India. The
Disciplinary committee of the Bar Council of India has no power to review its own order (S.48
AA).

Disciplinary Committee of the State Bar Council

According to section-9 of the Advocates Act empowers the state Bar Councils to constitute one
or more Disciplinary Committees. Each Disciplinary Committee shall consist of 3 members.
Two shall be selected from the members of the Bar Council and one shall be selected from the
Advocates who are having more than 10 years of standing in profession. Among the three
members the senior most in the profession shall act as the chairman of the committee.

Powers : S.42 of the Advocates Act deals with the power of Disciplinary committee. It provides
that the Disciplinary Committee of the State Bar Council shall have the same powers same like
the civil court under the C.P.C. in respect of the following matters. 1.Summoning and enforcing
the attendence of any person and examining him on oath. 2.

Requiring discovery and production of any documents. 3.

Receiving evidence on affidavit. 4.

Requiring any public record or copies of any record from any court or office. 5.

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Issuing commissions for the examinations of witness or documents. The disciplinary committee
has no right to require the attendance of the following presons. (i) Any presiding officer of the
court. (ii) Any officer of the revenue court. A presiding officer of a court shall be summoned to
attend the proceedings of the Disciplinary Committee with permission of the High Court and an
officer of the revenue court shall be summoned with the permission of the State Govt. All the
proceedings before the Disciplinary Committee of a Bar Council shall be deemed to a judicial
proceedings within the meaning of S.193 & 228 of I.P.C and every such disciplinary Committee
shall be deemed to be a civil court.

Enquiry Procedure:

The main function of the Disciplinary Committee of the Bar Council is to enquire the complaints
of professional misconduct against the Advocates award suitable punishments. In the enquiry
the following procedures prescribe under S.35 of the Advocates Act should be followed:-

1. On perusal of the complaint, if the Bar council is satisfied that it is a fit case for enquiry
then the complaint shall be referred for enquiry to the Disciplinary Committee.
2. The Disciplinary Committee shall fix a date for enquiry and shall send notice to the
concerned Advocate and the Advocate General of the State.
3. The Advocate charged with the professional misconduct shall appear in person or through
the Lawyer. Similarly, the Advocate general also appears in person or through a lawyer.
4. The Disciplinary Committee should complete the enquiry proceedings within one year
from the date of receipt of the complaint. Due to any reason, if the enquiry was not
completed within one year then the complaint should be referred to the Bar Council of
India for its disposal.
5. During the pendency of the enquiry if the term of the Disciplinary Committee comes to
an end then the successor committee shall continue the enquiry.
6. After the enquiry due to the lack of majority opinion or otherwise if the Disciplinary
Committee was unable to take a final decision then they shall seek the opinion of the
chairman of the bar council and shall pass the final order following his opinion.

Disciplinary Committee of the Bar Council of India

Same as the Disciplinary committee of the State Bar Council.

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Powers:

The Disciplinary Committee of the Bar Council Of India shall having the following powers.

1. It shall enquire the charges of the professional misconduct against Advocates whose
name is there in the roll of any of the State Bar Council.
2. Enquire the complaints in which the Disciplinary Committee of the State Bar Council
has not completed the enquiry within one year from the date of receipt of the complaint.
3. Hear the appeal against the order of the State Bar Council.
4. Allowing the State Bar Council to review its own order. Just like the Disciplinary
Committee of the State Bar Council, the Bar Council of India Disciplinary committee is
also having powers like a civil court.

Case laws:-

 O.N. Mohindro vs District Judge, Delhi , AIR 1971, SC 107

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In this case it was held that the appeal to the Supreme Court is not a restricted Appeal. It is not
an appeal on law alone but also on fact. Supreme Court must in all cases go into the matter to
satisfied itself that justice has been done by the Disciplinary Committee Committees. The
Supreme Court possesses under the constitution special power of review and further may pass
any order to do full and effective justice under section 38 Supreme Court has jurisdiction to pass
in such appeals any order it deems fit.

 Harish Chandra Tiwari v. Baiju10;

Court held on these fact, Appellant Harish Chandra Tiwari was enrolled as an advocate with the
Bar Council of the State of UP in May 1982 and has been practising since then, mainly in the
courts at Lakhimpur Kheri District in UP. Respondent Baiju engaged the delinquent advocate in
a land acquisition case in which the respondent was a claimant for compensation. The
Disciplinary Committee has described the respondent as “an old, helpless, poor illiterate person.”
Compensation of Rs. 8118/- for the acquisition of the land of the said Baiju was deposited by the
State in the court. Appellant applied for releasing the amount and as per orders of the court he
withdrew the said amount on 2.9.1987. But he did not return it to the client to whom it was
payable nor did he inform the client about the receipt of the amount. Long thereafter, when the
client came to know of it and after failing to get the amount returned by the advocate, compliant
was lodged by him with the Bar Council of the State for initiating suitable disciplinary action
against the appellant.

Court held that among the different types of misconduct envisaged for a legal practitioner
misappropriation of the client’s money must be regarded as one of the gravest. In this
professional capacity the legal practitioner has to collect money from the client towards expenses
of the litigation, or withdraw money from the court payable to the client or take money of the
client to be deposited in court. In all such cases, when the money of the client reaches his hand it
is a trust. If a public servant misappropriates money he is liable to be punished under the present
Prevention of Corruption Act, with imprisonment which shall not be less than one year. He is
certain to be dismissed from service. But if an advocate misappropriates money of the client
there is no justification in de-escalating the gravity of the misdemeanor. Perhaps the dimension

10
2002 (1) SCR 83

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of the gravity of such breach of trust would be mitigated when the misappropriation remained
only for a temporary period. There may be justification to award a lesser punishment in a case
where the delinquent advocate returned the money before commencing the disciplinary
proceedings.

 V.C. Rangadurai v. D.Gopalan11

The court looked into the matter of professional misconduct in such a way that the decision was
made in a humanitarian manner, considering the future of the accused in this case. The court held
that “even so justice has a correctional edge, a socially useful function, especially if the
delinquent is too old to be pardoned and too young to be disbarred. Therefore, a curative, not
cruel punishment has to be delivered in the social setting of the legal profession”. The court then
gave the decision in such a way that it looked at each and every aspect concerning the case as
well as the parties concerned. It adopted a deterrent was of justice mechanism so that the accused
person is awarded certain punishments but also provided a warning towards such other people
who intend to commit acts of a similar nature. The judgment turned out to be a landmark in cases
concerning professional misconduct as it delivered an effective judgment and but did not
jeopardize the future of the accused person.

Conclusion:-

11
1979 AIR 281

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The role of the lawyers in the society is of great importance. They being part of the system of
delivering justice holds great reverence and respect in the society. Each individual has a well-
defined code of conduct which needs to be followed by the person living in the society. A lawyer
in discharging his professional assignment has a duty to his client, a duty to his opponent, a duty
to the court, a duty to the society at large and a duty to himself. It needs a high degree of probity
and poise to strike a balance and arrive at the place of righteous stand, more so, when there are
conflicting claims. While discharging duty to the court, a lawyer should never knowingly be a
party to any deception, design or fraud. While placing the law before the court a lawyer is at
liberty to put forth a proposition and canvass the same to the best of his wits and ability so as to
persuade an exposition which would serve the interest of his client and the society.

The advocate, as an officer of the Court, also has the responsibility to render services of sound
quality. Lapses in services in the nature of absence when the matters are called out, the filing of
incomplete and inaccurate pleadings – many times even illegible and without personal check and
verification, the non-payment of court fees and process fees, the failure to remove office
objections, the failure to take steps to serve the parties are not merely professional omission.
They amount to positive dis-service to the litigants and create embarrassing situation in the court
leading to avoidable unpleasantness and delay in the disposal of matters, and detrimentally
affects the entire judicial system.

Furthermore, as the officers of the court the lawyers are required to uphold the dignity of the
judicial office and maintain a respectful attitude towards the Court. This is because the Bar and
the Bench form a noble and dynamic partnership geared to the great social goal of administration
of justice, and the mutual respect of the Bar and the Bench is essential for maintaining cordial
relations between the two. It is the duty of an advocate to uphold the dignity and decorum of the
Court and must not do anything to bring the Court itself into disrepute, and ensure that at no
point of time, he oversteps the limits of propriety.

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