The Role and Functioning of the Disciplinary Committee of the Bar Council of India

The legal profession is one of the pillars of any democratic society, ensuring access to justice and upholding the rule of law. Central to the integrity of this profession is the maintenance of high ethical standards among its members. To regulate the conduct of advocates and address instances of professional misconduct, the Bar Council of India, the apex regulatory body for advocates in the country, has established disciplinary committees. This article aims to provide an in-depth understanding of the disciplinary committee of the Bar Council of India, its composition, powers, and functioning.

What is Disciplinary Committee of the Bar Council of India?

The Disciplinary Committee of the Bar Council of India is a body responsible for addressing cases of professional misconduct among advocates. Comprising three members, including two elected by the Bar Council and one co-opted advocate, it investigates complaints, gathers evidence, and holds hearings to determine disciplinary action.

Empowered by the Advocates Act, 1961, it has authority akin to a civil court, including summoning witnesses and receiving evidence. The committee ensures fair proceedings, adhering to legal principles and procedural safeguards, and may review its own orders. Its role is vital in upholding ethical standards within the legal profession and maintaining public trust in the justice system.

Composition of the Disciplinary Committee of the Bar Council of India

The disciplinary committee of the Bar Council of India is constituted in accordance with Section 9 of the Advocates Act, 1961. This section mandates the formation of one or more disciplinary committees, each comprising three members. The composition of the committee is as follows:

• Elected Members: Two members are elected by the Bar Council of India from among its own members. These elected members play a crucial role in ensuring that the disciplinary committee reflects the diversity and expertise present within the Bar Council.
• Co-opted Member: The third member of the disciplinary committee is co-opted by the Bar Council from among advocates who possess the qualifications specified in Section 3(2) of the Advocates Act, 1961, but are not members of the Council. This ensures representation from the wider legal community and brings diverse perspectives to the disciplinary process.
• Chairmanship: The senior-most advocate among the members of the disciplinary committee serves as its Chairman. This ensures effective leadership and impartiality in the proceedings.

Functioning and Powers of the Disciplinary Committee of the Bar Council of India

The disciplinary committee of the Bar Council of India is vested with extensive powers to inquire into allegations of professional misconduct and take appropriate disciplinary action. These powers are enumerated under Section 42 of the Advocates Act, 1961, and include the following:

• Summoning and Examination: The committee has the authority to summon and enforce the attendance of any person and examine them on oath. This enables thorough investigation and gathering of evidence during disciplinary proceedings.
• Discovery and Production of Documents: The committee can require the discovery and production of any documents relevant to the inquiry. This ensures transparency and access to evidence necessary for a fair decision.
• Receiving Evidence on Affidavits: Evidence can be submitted to the committee in the form of affidavits, facilitating a streamlined process of evidence presentation.
• Requisitioning Public Records: The committee is empowered to requisition any public record or copies thereof from any court or office. This authority aids in accessing official records pertinent to the inquiry.
• Issuing Commissions: The committee can issue commissions for the examination of witnesses or documents, allowing for a comprehensive investigation into the allegations.
• Miscellaneous Powers: The committee may exercise any other powers as may be prescribed, enabling it to adapt to the evolving needs of disciplinary proceedings.

Restricted Powers and Procedural Safeguards

While the disciplinary committee possesses significant powers, certain restrictions and procedural safeguards are in place to ensure fairness and adherence to legal principles. These include:

• Prior Approval for Certain Actions: Certain actions of the committee, such as summoning presiding officers of courts or officers of revenue courts, require prior approval from the respective authorities. This safeguards against misuse of power and ensures respect for the judicial hierarchy.
• Deemed Judicial Proceedings: Proceedings before the disciplinary committee are deemed to be judicial proceedings, ensuring that they are conducted with the requisite diligence and adherence to legal norms.
• Review of Orders: The committee has the power to review its own orders under Section 44 of the Advocates Act, 1961. This allows for the correction of any errors or miscarriage of justice that may have occurred during the disciplinary process.
• Quorum and Decision-Making: In the event of the unavailability of the Chairman or any member of the committee, proceedings may still continue, provided that the final decision is deferred until the required quorum is met. Additionally, if the committee is unable to reach a majority decision, the matter is referred to the Chairman of the Bar Council for resolution.

Important Case Laws

Allahabad Bank Vs. Girish Prasad Verma

In this case, Allahabad Bank filed a complaint against its advocate, Girish Verma, alleging misappropriation of court fees paid for two suits. The Uttar Pradesh Bar Council’s disciplinary committee found Verma guilty and ordered his removal from the state bar council’s roll, emphasizing the noble conduct expected from legal professionals.

V. C. Rangadurai Vs. D. Gopalan

Advocate V.C. Rangadurai concealed conflicting interests from his client, resulting in deception. The disciplinary committee suspended Rangadurai for six years, a decision upheld by the Supreme Court, albeit reducing the punishment to one year due to no doubt about the advocate’s misconduct.

Rajendra Pai Vs. Alex Fernandes

Advocate Alex Fernandes, involved in a land acquisition case, was found guilty of withdrawing compensation funds under false pretences. The disciplinary committee initially ordered his permanent removal from the bar council rolls, later modified by the Supreme Court to a seven-year suspension, citing disproportionality of punishment.

Joginder Singh vs Bar Council of India

Joginder Singh, convicted under IPC Section 473, concealed criminal proceedings while transferring his bar council membership. The disciplinary committee barred him from practising and removed his name from the roll, a decision upheld by the Delhi High Court for being in line with the evidence and circumstances.

John D’Souza vs Edward Ani 1994 AIR 975

Advocate John D’Souza withheld a client’s will despite requests, leading to its loss upon the client’s death. The Bar Council of India suspended D’Souza for a year, a decision upheld by the Supreme Court due to his failure to return the will entrusted to him, affirming the duty of advocates to uphold client trust.

Conclusion

The disciplinary committee of the Bar Council of India plays a crucial role in upholding the integrity and ethical standards of the legal profession. By conducting fair and impartial inquiries into allegations of professional misconduct, the committee ensures accountability among advocates and maintains public trust in the legal system.

Through its composition, powers, and procedural safeguards, the disciplinary committee seeks to strike a balance between effective regulation and the protection of advocates’ rights. As a cornerstone of legal regulation, the disciplinary committee embodies the commitment of the legal profession to uphold justice, integrity, and ethical conduct.