Section 36 of THE ADVOCATES ACT, 1961 __________
- (1)Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate 6*** 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)Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of India may, 7[either of its own motion or on a report by any State Bar Council or on an application made to it 2. Sub-section (3) omitted by Act 107 of 1976, s. 8 (w.e.f. 1-1-1977). 4. The words “, if it does not summarily reject the complaint,” omitted by s. 24, ibid. (w.e.f. 31-1-1974). 6. The words “on the common roll” omitted by Act 60 of 1973, s. 25 (w.e.f. 31-1-1974). 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 dispose 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committee of a State Bar Council can make under sub-section (3) of section 35, and where any proceedings have been withdrawn for inquiry 1[before the disciplinary committee of the Bar Council of India], the State Bar Council concerned shall give effect to any such order.
↩1.Ins. by Act 38 of 1977, s. 6 (w.e.f. 31-10-1977).
↩3.Ins. by Act 60 of 1973, s. 24 (w.e.f. 31-1-1974).
↩5.Ins. by Act 21 of 1964, s. 17 (w.e.f. 16-5-1964).
↩7.Subs. by s. 25, ibid., for “of its own motion” (w.e.f. 31-1- 1974).
Summary
- The Bar Council of India has the power to handle misconduct cases for advocates who are not on any State roll.
- It can take over any disciplinary case that is currently pending before a State Bar Council.
- When it takes over a case, it can conduct the inquiry itself and make a final decision.
- It must follow the same fair procedures used by State Bar Councils, like giving notice and a hearing.
- The Attorney-General of India takes the place of the State Advocate-General in these national-level proceedings.
- State Bar Councils are required to follow and carry out any orders the Bar Council of India makes in these cases.
Practical examples
FAQ
1. Who does the Bar Council of India have direct power over?
It has direct power over advocates whose names are not entered on any State roll.
2. Can the national Bar Council take a case away from a State Bar Council?
Yes, it can withdraw any disciplinary proceeding pending before a State Bar Council to handle the matter itself.
3. Does the Bar Council of India have to follow a specific procedure?
Yes, it must follow the procedure laid down in Section 35 as much as possible, involving the Attorney-General of India instead of a State Advocate-General.
4. What happens if the Bar Council of India makes an order regarding a state-registered advocate?
The relevant State Bar Council must give effect to that order.
Test yourself
Q1.Under Section 36 of THE ADVOCATES ACT, 1961, what triggers the Bar Council of India's power to start its own disciplinary case?
Q2.How does Section 36 of THE ADVOCATES ACT, 1961, change the role of government legal officers compared to Section 35?
Q3.According to Section 36 of THE ADVOCATES ACT, 1961, which authority must carry out an order made by the Bar Council of India regarding a withdrawn case?
Q4.Under Section 36 of THE ADVOCATES ACT, 1961, what can the Bar Council of India do with a case already being heard by a State Bar Council?