Report No. 75

13. Association of judges with disciplinary proceedings not favoured.-

Reversion to the previous position is therefore out of question. As an alternative to restoration of the old position, it has been suggested1 that while retaining the present system, judges should be associated in some form or other with the disciplinary council. We have not been impressed by this alternative either. If the complaint is that the tribunals as constituted at present sometimes take an unduly lenient view, this possibility could not be totally eliminated even if the other alternative is accepted.

The fact that the Attorney-General or the Advocate-General concerned has been authorised to file appeal in appropriate cases to the Supreme Court should also obviate the supposed apprehension. Apart from that, however, such a change in the present system would, in effect, amount to dilution of the autonomy of the bar and a reversal of the progressive trend of legislation to which we have made a reference.1

The Judges of the High Court would generally be reluctant to be associated with the Disciplinary Committee of the State Bar Council, because appeal against the orders of the State Disciplinary Committee would lie to the Disciplinary Committee of the Bar Council of India. The question of association of Judges of the Supreme Court with the Disciplinary Committee of the Bar Council of India does not arise, because appeal from the order of that Disciplinary Committee lies to the Supreme Court.

1. Para. 1, supra.

2. Para. 12, supra.