9. Disciplinary Committees
(1) A Bar Council shall constitute one or more disciplinary committees, each of
which shall consist of three persons of whom two shall be persons elected by the
Council from amongst its members and the other shall be a person co-opted by the
Council from amongst advocates who possess the qualifications specified in the proviso to
sub-section (2) of section 3 and who are not members of the Council, and the senior-most a
dvocate amongst the members of a disciplinary committee shall be the Chairman thereof.
(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee
constituted prior to the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964)
may dispose of the proceedings pending before it as if this section had not been amended by the said Act.
COMMENTS
None of the functions of the Bar Council of India mentioned in section 7 authorise paralising of the
working of courts in any manner. Disciplinary jurisdiction over advocates though vested in Bar Council,
final authority is with Supreme Court. Thus even if Bar Councils do not rise to the occasion and perform
their duties by taking disciplinary action on a complaint from a client against an advocate for non-appearance
by reason of a call for strike or boycott, on appeal the Supreme Court can and will take action.- Ex Capt. Harish Uppal v.
Union of India, AIR 2003 SC 739.
9 A. Constitution of legal aid committees
(1) A Bar Council may constitute one or more legal aid committees each of which shall consist of such number of
members, not exceeding nine but not less than five, as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the member of a legal aid committee
shall be such as may be prescribed.
10. Constitution of committees other than disciplinary committees
(1) A State Bar Council shall constitute the following standing committees,
namely,
(a)
an executive committee consisting of five members elected by the Council from amongst its members;
(b) an enrolment committee consisting of three members elected by the Council
from amongst its members.
(2) The Bar Council of India shall constitute the following standing committees,
namely,
(a) an executive committee consisting of nine members elected by the Council
from amongst its members;
(b) a legal education committee consisting of ten members, of whom five shall
be persons elected by the Council from amongst its members and five shall
be persons co-opted by the Council who are not members thereof.
(3) A State Bar Council and the Bar Council ofIndia may constitute from amongst its members such other committees as it may deem necessary for the purposes of carrying out the provisions of this Act.
COMMENTS
A State Bar Council has been empowered to constitute more than one disciplinary committee, wherever necessary.
The Committee consider that it is not necessary that all the members of a disciplinary committee should be members
of the Bar Council although they must necessarily be advocates on the roll of the Bar Council.
1[10 A. Transaction of business by Bar Councils and committees thereof
2[(1) The Bar Council of India shall meet at New Delhi or at such other place as it
may, for reasons to be recorded in writing, determine.
(2) A State Bar Council shall meet at its headquarters or at such other place as it
may, for reasons to be recorded in writing, determine.]
(3) The committees other than disciplinary committees constituted by the Bar
Councils shall meet at the headquarters of the respective Bar Councils.
(4) Every Bar Council and every committee thereof except the disciplinary committees shall observe
such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.
(5) The disciplinary committees constituted under section 9 shall meet at such times and places and shall
observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed.]
1[10 B.] Disqualification of members of Bar Council
An elected member of a Bar Council shall be deemed to have vacated his office if he is declared by the Bar.
Council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of
such Council, or if his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified
under any rule made by the Bar Council of India.
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