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Report No. 75

Disciplinary Jurisdiction under The Advocates Act, 1961

I. Introductory

1. Scope and Genesis.-

This Report deals with the question whether any amendments are necessary in regard to disciplinary jurisdiction over advocates under the Advocates Act, 1961. The subject has been taken up on a reference received from the Government of India, Ministry of Law, Justice and Company Affairs, Department of Legal Affairs. From the letter1 addressed by the Secretary to the Department of Legal Affairs to the Member-Secretary of the Commission in this behalf, the material portion is quoted below:-

"Disciplinary jurisdiction over Advocates was, as you are aware, transferred by the Advocates Act from the High Courts to the Bar Councils. Suggestions have been made from time to time that this jurisdiction is not being properly exercised and that the Bar Councils are taking too lenient a view and that it would be more appropriate if the jurisdiction of the High Courts is "restored" or alternatively, that the Judges have a greater say in the matter of disciplining erring Advocates.

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I shall, therefore, be grateful if the Commission can go into this question and favour the Government with the benefit of its advice."

1. D.O.No, F. 8(12)/76-L.C., dated the 4th October, 1978 addressed by the Secretary, Department of Legal Affairs to the Member-Secretary, Law Commission of India.



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