Section 35 of Advocate Act 1961 provides for punishment for professional misconduct or other

misconduct. In exercise of powers under Section 35 of the Advocate Act, on receipt of a complaint

against an advocate or suo moto, if the State Bar Council has reason to believe that any Advocate on its

roll has been guilty of professional or other misconduct, disciplinary proceedings may be initiated against

him. The Disciplinary Committee of the State Bar Council is empowered to inflict punishment including

removal of his name from the rolls of the Bar Council and suspending him from practice for a period

deemed fit by it, after giving advocate concerned and the Advocate-General of the state an opportunity

of hearing. However, an appeal against the order of the Disciplinary Committee may be preferred to the

bar Council of India under Section 37 and thereafter to the Supreme Court of India against the order of

the Bar Council of India under the section 38 of Advocate Act, 1961.

The Advocate Act provides remedies against the order of punishment. An advocate aggrieved

by the order of Disciplinary Committee can evoke the following remedies -

1) Review

2) Revision

3) Application for Stay

4) Appeal

1) Review :

It is provided in Section 44 of the Advocates Act,1961. By virtue of this Section the Disciplinary

Committee of Bar Council of its own motion or otherwise review any order, within 60 days of the date of

order passed by it under this Chapter. However, no such order of Review of the Disciplinary Committee

of a State Bar Council shall have effect, unless it has been approved by the Bar Council of India.
 According to Section 48-AA of the Bar Council of India or any of the its Disciplinary Committee,

may on its own motion or otherwise, review any order, within 60 days of the date of that order, passed

by it under the Advocate Act 1961.

The procedure for making review application is given in chapter II, Part VII of the rules of the Bar

Council of India. It is in the form of petition duly signed and supported by an affidavit accompanied by

prescribed fee and certified copy of the order, complained of.

Rules For Review under Section 44 of the Act as follows

(1) An application for review under Section 44 of the Act shall be in the form of a petition duly signed

and supported by an affidavit accompanied by the prescribed fee and filed within 60 days from the date

of the order sought to be reviewed.

(2) Every such application shall be accompanied by :

(a) certified copy of the order complained of.

(b) five additional copies of the application, affidavit and the order; and

(c) if there are more respondents than one, as many additional true copies as may be

necessary.

(3) Every such application shall set out the grounds on which the Review is sought and shall further

state whether any proceeding in respect thereof was filled and is still pending or the result thereof as the

case may be.

(4) If a Disciplinary Committee of Bar Council does not summarily reject the application under Section

44 of the Act, or wishes to exercise its powers under Section 44 suo motu, the secretary of a Bar

Council shall issue as nearly as maybe in the Form, notice to the parties and to the Advocate-General

concerned or the Additional Solicitor-General of India in the case of the Bar Council of India.
 (5) (1) If after the hearing referred to in rule 4, the Disciplinary Committee of a State Bar Council

does not dismiss the application, and decides that the application for review should be allowed, the copy

of the order along with the relevant record shall be sent to the bar council of India for approval.

(2) If the Bar Council of India approves the order of the Bar Council, the Disciplinary Committee of

the State Bar Council shall communicate the order to the parties, if the bar council of India does not

approved it, the Disciplinary Committee of the State Bar Council shall make its order dismissing the

application and inform the parties.

(6) The decision of the Disciplinary Committee of the Bar Council of India on an application for Review

of its order shall be communicated to the parties.

(7) In the proceedings under this chapter, unless the disciplinary committee of the State Bar Council

or the Bar Council of India, as the case may be otherwise decides, the parties may appear by the

Advocate who shall file a Vakalatnama signed by the party.

2) Revision Section. 48-A (Amendment 1964 )

1) The Bar Council of India may, at anytime call for the record of proceeding under this Act which

has been disposed of by the State Bar Council or a Committee thereof, and from which no appeal lies,

for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such

orders in relation thereto as it may think fit.

2) No order which prejudicially affects any person shall be passed under this section without

giving a reasonable opportunity of being heard.

3) Application for Stay -

According to Section 40(1) of the Advocate Act,1961, an Appeal made under Section 37 or Section

38 shall not operate as a stay of the order appealed against, but the Disciplinary Committee of India and

the Supreme Court as the case may be, may for sufficient cause direct the stay of such order on such

terms and conditions as it may deem fit. Rule 29 of chapter I Part VII of the Bar Council of India Rules

provides that an application for stay shall be accompanied by an affidavit and the fee prescribed by the

Bar Council of India.

4) Appeal -

A) Appeal to the Bar Council of India

B) Appeal to Supreme Court

A) Appeal to the Bar Council of India -

In case the order of punishment has been passed by the Disciplinary Committee of the State

Bar Council, an Appeal may be preferred to the Bar Council of India under Section. 37 of the Advocates

Act,1961. It provides that any person aggrieved by an order of the Disciplinary Committee of a State Bar

council made under Section 35, of the Advocate-General of State may, within 60 days of the date of the

communication of the order to him, prefer an appeal to the Bar Council of India. Under Section 37(2),

every such Appeal shall be heard by the Disciplinary Committee of the Bar Council of India which may

pass such order including an order varying the punishment awarded by the Disciplinary Committee of

the State Bar Council thereon as it deemed fit ;

Provided that no order of the Disciplinary Committee of the State Bar Council shall be varied by the

Disciplinary Committee of the Bar Council of India so as to prejudicially affect the person aggrieved

without giving him a reasonable opportunity of being heard.

(See also... The functions of Bar Council of India )

B) Appeal to Supreme Court -

As per section 38 of the Advocates Act,1961 any person aggrieved by an order made by the

Disciplinary Committee of the Bar Council of India under Section 36 or Section 37 or the Attorney-

General of India or the Advocate-General of the State concerned, as the case may be, may, within 60

days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and

the Supreme Court may pass such order including an order varying the punishment awarded by the

disciplinary committee of the Bar Council of India thereon as it deems fit :

Provided that no order of the Disciplinary Committee of the bar Council of India shall be varied by the

Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable

opportunity of being heard .

The Bar Council of India has framed the rules as to the procedure to be observed in case of

Appeal. The Appeal memo in a prescribed form to be accompanied with the certified copy of the order

appealed against signed by the appellant with a prescribed fee within limitation period. Delay can be

condoned if satisfactorily explained and to be supported by an affidavit.

Thus, an appeal against the order passed by the Disciplinary Committee may be preferred to the Bar

council of India and an appeal against the order of the Bar council of India may be preferred to the

Supreme Court.

Case law

O.N. Mohindro vs District Judge, Delhi , AIR 1971, SC 107

In this case it was held that the appeal to the Supreme Court is not a restricted Appeal. It is not
an appeal on law alone but also on fact. Supreme Court must in all cases go into the matter to satisfied

itself that justice has been done by the Disciplinary Committee Committees. The Supreme Court

possesses under the constitution special power of review and futher may pass any order to do full and

effective justice under section 38 Supreme Court has jurisdiction to pass in such appeals any order it

deems fit

See also....

1) Punishments that can be given to an Advocate under the Advocates Act,1961 for professional

misconduct

2) Disqualification and punishments for Professional Misconduct

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