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Report No. 75

8. Act of 1926.-

The Act of 1879 was concerned with pleaders. The Indian Bar Councils Act, 1926 gave to Advocates, who were entitled as of right to practise in a High Court, a measure of autonomy not enjoyed by pleaders. The Bar Council constituted under the Act was a body corporate1 composed of2 the Advocate-General of the State four members nominated by the High Court and ten members elected by the advocates from among themselves.

Under the Act of 1926, a complaint of misconduct against an advocate, if presented to a High Court, could be heard, after consultation with the Bar Council, by a district judge; alternatively, the Chief Justice could appoint a tribunal of from three to five members of the council. The finding had to be reported to the High Court, which, after giving the Advocate-General and the advocate concerned the opportunity to be heard, would pass final orders. If the complaint was not dismissed, the advocate might be reprimanded, suspended or struck off the roll of advocates maintained by the Bar Council.3

1. Section 3(2), Indian Bar Councils Act (38 of 1926).

2. Section 4(1), Indian Bar Councils Act (38 of 1926).

3. Section 10, Indian Bar Councils Act, 1926.

Disciplinary Jurisdiction under the Advocates Act, 1961 Back

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