36. Disciplinary powers of Bar Council of India
1) 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.
(2)Not with standing any thinE contained in this chapter, the disciplinary commitee of the Bar Council of
India may, [either of its own motion or on a report by any State Bar Councilor 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 disposed of the same.
(3) The disciplinary committee of the Bar Council of India, in disposing of any case under this section,
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.
(4) 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of section 35, and where any proceedings have been withdrawn for inquiry 2[before the disciplinary committee
of the Bar Council of India], the State Bar Council concerned shall give effect to any such order.
COMMENTS
Where an advocate practicing as an advocate on record in the Supreme Court filed a review petition
making baseless allegations and insinuations reflecting on the conduct of Judges of Supreme Court, the
matter is not within jurisdiction of Supreme Court and only Bar Council of India is empowered to take
appropriate action.- Vikas Deshpande v. Bar Council of India (2003) 7 Scale 212.
36 A. Changes in constitution of disciplinary committees
Whenever in respect of any proceedings under section 35 or section 36, a disciplinary committee
of the State Bar Councilor a disciplinary committee of the Bar Council of India ceases to exercise
jurisdiction and is succeeded by another committee which has and exercises jurisdiction, the
disciplinary committee of the State Bar Council or the disciplinary committee of the Bar Council
of India, as the case may be, so succeeding may continue the proceedings from the stage at which
the proceedings were so left by its predecessor committee.
36 B. Disposal of disciplinary proceedings
(1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it
under section 35 expeditiously and in each case the proceedings shall be concluded within a period of
one year from the date of the receipt of complaint or the date of initiation of the proceedings at the
instance of the State Bar Council, as the case may be, failing which such proceedings shall stand
transferred to the Bar Council of India which may dispose of the same as if it were a proceeding
withdrawn for inquiry under sub-section (2) of section 36.
(2) Not with standing anything contained in sub-section (1), where on the commencement of the Advocates
(Amendment) Act, 1973 (60 of 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 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 under sub-section (1).]
COMMENTS
Where the matter was not decided by the Disciplinary Committee of State Bar Council within the
period of one year, the order made by it was vitiated, and the proceedings get automatically
transferred to the Bar Council of India in view of mandatory words of s. 36B, and Bar Council
of India would be entitled to deal with those proceedings as if it was a proceeding u/s
36B(2).-(1986) 2 Mad LJ 362.
37. Appeal to the Bar Council of India
(1) Any person aggrieved by: an order of the disciplinary committee of a State Bar Council made [under section 35]
2[or the Advocate-General of the State] may, within sixty days of the date of the communication of the order to him,
prefer an appeal to the Bar Council of India.
(2) Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which may pass
such order 2[including an order varying the punishment awarded by the disciplinary committee of the State Bar Council]
thereon as it deems fit:
2[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 reasonable opportunity of being heard.]
COMMENTS
Where an advocate is held guilty of professional misconduct but adequate sentence is not imposed by the
State Bar Council, the person filing the complaint would be a 'person aggrieved' within s. 37 to prefer
an appeal to the Bar Council of India.
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