Question

Which is the body that award punishments to the advocates for misconduct

• A. Ethics Committee
• B. Professional Development Committee
• C. Disciplinary Committee
• D. High Court

Hint:

Remember that the disciplinary mechanism for advocates is internal to the legal profession. The power lies with the Bar Councils (State and Central) through their respective Disciplinary Committees, not with the courts directly in the first instance.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the specific body constituted under the Advocates Act, 1961, that has the authority to adjudicate cases of professional misconduct against advocates and impose punishments.

Step 2: Key Legal Provision:
- Section 9 of the Advocates Act, 1961: Provides for the constitution of various committees by the Bar Councils, including Disciplinary Committees.
- Section 35 of the Advocates Act, 1961: Details the procedure and powers of a State Bar Council's Disciplinary Committee to punish advocates for misconduct.

Step 3: Detailed Explanation:
The Advocates Act, 1961, grants the power of self-regulation to the legal profession through the Bar Councils. For maintaining professional standards and ethics, both the State Bar Councils and the Bar Council of India are required to constitute one or more Disciplinary Committees. When a complaint of professional misconduct is received against an advocate, the matter is referred to the Disciplinary Committee. This committee functions as a quasi-judicial body, conducts an inquiry, and if it finds the advocate guilty, it can impose penalties ranging from a reprimand, suspension from practice, to removal of the advocate's name from the rolls.

Step 4: Final Answer:
The body that awards punishments to advocates for misconduct is the Disciplinary Committee of the respective Bar Council.