Report No. 75

4. Bar Council of India.-

In the case of an advocate whose name is not entered on any State roll, the Bar Council of India, on receipt of a complaint or otherwise, if it has reason to believe that the advocate has been guilty of professional or other misconduct, shall refer the case for disposal to its disciplinary committee1 The disciplinary committee of the Bar Council of India has also power to withdraw for inquiry before itself and dispose of any proceedings for disciplinary action pending against any advocate before the Disciplinary Committee of any State Bar Council.2 The powers and procedure of the Disciplinary Committee of the Bar Council of India in an inquiry are the same as those of the Bar Council of a State.3

1. Section 36(1).

2. Section 36(2).

3. Sections 36(3) and 36(4).

5. Any person aggrieved by an order of the Disciplinary Committee of the State Bar Council may prefer an appeal to the Bar Council of India and a similar right is given to the Advocate-General of the State by an amendment made in 1973.1 Such appeal is heard by the Disciplinary Committee of the Bar Council of India, which may, on such appeal, pass such order, including an order varying the punishment awarded by the Disciplinary Committee of the State Bar Council as it deems fit.2 But this is subject to the proviso that the order of the Disciplinary Committee of the State Bar Council shall not be varied so as to prejudicially affect the person aggrieved, without giving him a reasonable opportunity of being heard.3

1. Section 37(1).

2. Section 37(2), main para.

3. Section 37(2), proviso.

6. Any person aggrieved by an order made by the Disciplinary Committee of the Bar Council of India may appeal to the Supreme Court. A similar right is given to the Attorney-General of India or the Advocate-General of the State concerned, as the case may be, by an amendment made in 1973.1 On such appeal the Supreme Court may pass such order, including an order varying the punishment awarded by the Disciplinary Committee of the Bar Council of India, as it deems fit, but no order of the Disciplinary Committee of the Bar Council of India shall be varied so as to prejudicially affect the person aggrieved, without giving him a reasonable opportunity of being heard.2 The rest of the provisions in the chapter are not material for the present purpose.

1. Section 38(1), main para.-earlier half.

2. Section 38, main para., latter half and proviso.