Question

Which Section under the Advocates Act, 1961 speaks of disciplinary powers of the Bar Council of India

• A. 35
• B. 37
• C. 36
• D. 39

Hint:

Remember the hierarchy of disciplinary action in the Advocates Act: The primary power lies with the State Bar Council (S. 35). The Bar Council of India has supervisory and original power in certain cases (S. 36), and it also acts as the first appellate body (S. 37). The final appeal lies with the Supreme Court (S. 38).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Advocates Act, 1961, empowers both the State Bar Councils and the Bar Council of India (BCI) to take disciplinary action against advocates for professional or other misconduct. The question specifically asks about the disciplinary powers of the BCI.
Step 2: Detailed Explanation:
Let's analyze the relevant sections:
- Section 35: This section grants disciplinary powers to the State Bar Councils. It states that where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
- Section 36: This section grants disciplinary powers to the Bar Council of India. It allows the BCI's disciplinary committee to withdraw any pending proceedings from a State Bar Council and dispose of it. It also empowers the BCI to initiate proceedings on its own motion against an advocate if a State Bar Council does not act on a complaint within a specified time.
- Section 37: This section provides for an appeal to the Bar Council of India against an order of the disciplinary committee of a State Bar Council.
- Section 39: This section deals with the application of provisions of the Code of Civil Procedure to disciplinary proceedings.
Therefore, Section 36 is the correct provision that deals with the disciplinary powers of the Bar Council of India.