Question

Which of the following provisions of the Advocates Act, 1961 provides for the power of Bar Council of India to withdraw to itself, any proceedings for disciplinary action pending before any State Bar Council:

• A. Section 35
• B. Section 37
• C. Section 36(2)
• D. None of the Above

Hint:

Remember the disciplinary hierarchy: The process usually starts at the State level (S.35). You can appeal to the BCI (S.37). But the BCI also has the special power to directly take over a case from the state under S.36(2).

Answer 1

The Correct Option is C

The disciplinary mechanism for advocates involves both State Bar Councils and the Bar Council of India (BCI). \[\begin{array}{rl} \bullet & \text{Section 35 empowers the State Bar Council to initiate disciplinary proceedings.} \\ \bullet & \text{Section 37 provides for an appeal from the State Bar Council's order to the BCI.} \\ \bullet & \text{Section 36 grants the BCI its own disciplinary powers. Specifically, Section 36(2) gives the BCI the power to "withdraw for inquiry before itself any disciplinary proceedings pending against any advocate before a State Bar Council and dispose of the same." This is an oversight power to ensure fairness or address cases of national importance.} \\ \end{array}\]