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Section 42 of The Advocate's Act, 1961 Provides Powers of Disciplinary

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Section 42 of The Advocate's Act, 1961 Provides Powers of Disciplinary

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Section 42 of The Advocate's Act, 1961 Provides Powers of Disciplinary

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Introduction

Disciplinary committee means a person or a group of people who are empowered to


hear cases and proceedings involving professional misconduct of an advocate upon a
complaint, revision or suo motu. The disciplinary committee is mainly formed to
ensure that the members of the bar council of India or the bar council of any state are
maintaining professional ethics and standards.

Constitution of the Disciplinary Committee

The Bar Council shall constitute a disciplinary committee as per Section 9 of the
Advocates Act, 1961. This section provides that the one or more disciplinary committee
are required to be formed and each of these disciplinary committee shall consist of
three members. The election of two from the three members of the disciplinary
committee shall be done by the Council from the members of the Bar Council of India
itself. The third member shall be co-elected by the Council outside of the members of
the Bar Council but who shall be an advocate and possess qualifications as prescribed in
Section 3(2) of the Advocates Act, 1961. The section further states that the senior most
advocate shall be the chairman of the committee. The term of members of this
committee shall be not more than 3 years.

Powers of Disciplinary Committee

The section 42 of the Advocate’s Act, 1961 provides powers of disciplinary


committee. The section states that the disciplinary committee shall have the same
powers as vested in a civil court as per the Code of Civil Procedure, 1908 which are as
follows:

• Summoning and enforcing the attendance of any person and examining him on
oath.
• Requiring discovery and production of any documents.
• Receiving evidence on affidavits.
• Requisitioning any public record or copies thereof from any court or office.
• Issuing commission for the examination of witness or documents.
• Any other matter which may be prescribed.
Restricted Powers of the Disciplinary Committee

The disciplinary committee can exercise these powers only with a prior approval of
certain authorities. These are as follows:

• Attendance of any presiding officer of a court shall be allowed only with a prior
approval of the High Court to which such court is subordinate.
• Attendance of any officer of revenue court shall be allowed only with prior
approval of the State Government.

Miscellaneous Powers

• The proceedings before the disciplinary committee shall be deemed to be judicial


proceedings.
• The disciplinary committee shall be deemed to be a civil court.
• If a chairman or any member of the disciplinary committee is unavailable on the
date fixed for hearing the matter then the disciplinary committee may if it thinks
fit proceed with the hearing and pass necessary orders provided that the order
passed shall not be the final order. The proceedings and the order passed by such
a committee shall not be invalid merely because the chairman or all three
members of the disciplinary committee were not present.
• Where the final orders cannot be made because of want of majority among the
disciplinary committee or is not in accordance with the opinion of the Chairman
or the members of the disciplinary committee then such matter or case shall be
placed before the Chairman of the Bar Council. If the Chairman of the Bar
Council is acting as the chairman of the disciplinary committee, then the case
shall be placed before the Vice Chairman of the Bar Council. After hearing the
case, the Vice Chairman shall deliver his opinion and the disciplinary committee
shall follow such final order.
• The disciplinary committee also has the power to impose costs of proceedings as
it may deem fit and such order shall be executable as if it were the orders of High
Court or Supreme Court.
• The disciplinary committee also has the power to review its own orders
under section 44 of the Advocates Act, 1961.
Case Laws:

Allahabad Bank Vs. Girish Prasad Verma[1]

Facts: A complaint was lodged by the Allahabad Bank against its advocate Girish Verma
stating that the advocate was given 52 suits for filing and accordingly paid him the
requisite court fee that was required for the same. The Advocate Girish Verma filed 50
out of 52 suits and misappropriated the court fees paid to him for the remaining 2 suits.

Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the
advocate had misappropriated the court fee paid to him by the complainant and hence
ordered for striking off the advocates name from the roll of Uttar Pradesh Bar Council.
It further held that “The legal profession is a noble profession and its members must set an
example of conduct worthy of emulation.”

V. C. Rangadurai Vs. D. Gopalan[2]

Facts: The advocate Mr. V.C. Rangadurai did not disclose conflicting interest to his
client and kept him in dark. By doing this the advocate deceived his client who had
placed his trust with him. The disciplinary committee found the advocate guilty and
suspended him for a period of six years. The same order was challenged in the Supreme
Court.

Held: The Supreme Court of India upheld the order passed by the disciplinary
committee as there was no doubt regarding the advocates misconducts but reduced the
punishment from six years to one year.

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