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Section 42A of THE ADVOCATES ACT, 1961 __________

Powers of Bar Council of India and other committees.

The provisions of section 42 shall, so far as may be, apply in relation to the Bar Council of India, the enrolment committee, the election committee, the legal aid committee, or any other committee of a Bar Council as they apply in relation to the disciplinary commitee of a Bar Council.]

Summary

The legal powers given to disciplinary committees also apply to several other Bar Council groups.
This includes the Bar Council of India itself.
It also covers the enrollment committee, which decides who can become a lawyer.
The election committee and legal aid committee have these same powers.
Any other committee created by a Bar Council can use these civil court powers as needed.
These powers include summoning witnesses and demanding documents to carry out their duties.

Practical examples

1The Election Committee of a State Bar Council suspects a candidate used fake documents. Using Section 42A, they summon the candidate's former university registrar to bring original graduation records for inspection.

2The Enrollment Committee is not sure if an applicant has a real law degree. They use their powers to demand the production of the applicant's official transcripts from the university.

FAQ

1. Does the Enrollment Committee have the power to make me testify?

Yes, Section 42A gives the enrollment committee the same powers as a disciplinary committee, which includes summoning people.

2. Does this section only apply to State Bar Council committees?

No, it specifically mentions the Bar Council of India and any other committee of a Bar Council.

3. Can the Legal Aid Committee demand documents?

Yes, the powers from Section 42, such as requiring the production of documents, apply to the legal aid committee under this section.

4. Why do these committees need court-like powers?

These powers allow them to properly investigate and verify facts so they can perform their functions correctly and fairly.

Test yourself

1.Under Section 42A of THE ADVOCATES ACT, 1961 __, which of these groups is NOT specifically granted the powers of a disciplinary committee?

2.Under Section 42A of THE ADVOCATES ACT, 1961 __, these committees get their powers by following the rules of which other section?

3.Under Section 42A of THE ADVOCATES ACT, 1961 __, the Bar Council of India can use these powers for which of its functions?

4.Under Section 42A of THE ADVOCATES ACT, 1961 __, if the Election Committee needs a public record, how do they get it?

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