Advocates Act, 1961 - Chapter V: Conduct of Advocates
Section 35 of the Advocates Act, 1961: Punishment of Advocates for Misconduct
Section 35 of the Advocates Act, 1961 establishes the State Bar Council disciplinary process where there is reason to believe that an advocate on its roll has been guilty of professional or other misconduct.
In brief: A State Bar Council must refer a prima facie case of professional or other misconduct to its disciplinary committee. After notice and an opportunity of hearing, the committee may dismiss the matter, reprimand the advocate, suspend the advocate from practice, or remove the advocate's name from the State roll.
Text and structure of Section 35
Section 35 - Punishment of advocates for misconduct
(1) Where, on receipt of a complaint or otherwise, a State Bar Council has reason to believe that an advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
(1A) The State Bar Council may, on its own motion or on an application by any interested person, withdraw a proceeding pending before one of its disciplinary committees and direct that the inquiry be made by another disciplinary committee of that State Bar Council.
(2) The disciplinary committee shall fix a date for hearing and cause notice to be given to the advocate concerned and to the Advocate-General of the State.
(3) After giving the advocate concerned and the Advocate-General an opportunity of being heard, the disciplinary committee may:
(a) dismiss the complaint or, where the proceeding was initiated by the State Bar Council, direct that the proceeding be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it considers fit; or
(d) remove the advocate's name from the State roll of advocates.
(4) An advocate suspended under clause (c) is, during the period of suspension, debarred from practising in any court or before any authority or person in India.
(5) Where notice has been issued to the Advocate-General, the Advocate-General may appear before the disciplinary committee either personally or through an advocate.
Explanation: For Section 35, Section 37 and Section 38, the expressions "Advocate-General" and "Advocate-General of the State" mean, in relation to the Union territory of Delhi, the Additional Solicitor General of India.
Meaning and explanation of Section 35
1. Proceedings may begin on a complaint or otherwise
A formal complaint is not the only possible trigger. Section 35(1) also allows the State Bar Council to act "otherwise" when material before it gives reason to believe that an advocate on its roll may have committed professional or other misconduct.
2. The State Bar Council first forms a reason-to-believe opinion
The State Bar Council does not itself impose punishment under Section 35(1). Once the statutory threshold is met, the matter is referred to the disciplinary committee for adjudication.
3. Notice and opportunity of hearing are mandatory
The disciplinary committee must fix a hearing date and give notice to the advocate concerned and the Advocate-General. Before an adverse order under Section 35(3) is made, the advocate and the Advocate-General must have an opportunity of being heard.
4. Four possible outcomes are specified
| Order | Effect |
|---|---|
| Dismiss complaint / file proceeding | No disciplinary punishment is imposed. |
| Reprimand | Formal disciplinary censure of the advocate. |
| Suspend from practice | Advocate is barred from practice for the period fixed by the disciplinary committee. |
| Remove name from State roll | Most serious statutory disciplinary consequence under Section 35(3). |
5. Suspension operates throughout India
Section 35(4) expressly provides that an advocate suspended from practice is debarred during the suspension period from practising in any court or before any authority or person anywhere in India.
What is "professional or other misconduct"?
Section 35 uses the broad expression "professional or other misconduct" but does not provide an exhaustive definition. The Bar Council of India Rules lay down standards of professional conduct and etiquette, including duties to the court, the client, the opponent and professional colleagues. A disciplinary case must be assessed on its facts, the applicable professional rules and binding judicial decisions.
Current Bar Council of India professional-conduct rules
The Bar Council of India Rules contain the professional standards relevant to disciplinary proceedings, including duties of dignity and respect toward courts, restrictions on improper influence, duties toward clients, conflict rules and other professional obligations.
One-year rule for State Bar Council disciplinary proceedings
Section 36B: A State Bar Council disciplinary committee is required to dispose of a complaint under Section 35 expeditiously and ordinarily conclude the proceeding within one year from receipt of the complaint or initiation of proceedings. If it does not, the proceeding stands transferred to the Bar Council of India for disposal under the statutory scheme.
Appeal from a Section 35 order
Under Section 37, a person aggrieved by an order of the disciplinary committee of a State Bar Council under Section 35, or the Advocate-General of the State, may appeal to the Bar Council of India within 60 days from communication of the order.
A further statutory appeal from a disciplinary order of the Bar Council of India lies to the Supreme Court under Section 38, subject to the conditions and limitation prescribed by that provision.
Section 35 and court control over proceedings
Disciplinary jurisdiction under Section 35 belongs to the Bar Council framework. Courts separately retain authority to regulate proceedings before them, maintain courtroom discipline and exercise powers available under the Constitution, procedural laws and court rules. Court control of a proceeding and professional discipline under the Advocates Act are therefore related but distinct legal mechanisms.
Section 35 compared with administrative removal under Section 26A
Disciplinary removal under Section 35(3)(d) should not be confused with Section 26A, which allows a State Bar Council to remove an advocate's name where the advocate has died or has requested removal. Section 35 removal follows a disciplinary proceeding for misconduct.
Related provisions
- Section 29 recognizes advocates as the statutory class entitled to practise law.
- Section 30 provides the statutory right of enrolled advocates to practise.
- Section 34 empowers High Courts to regulate conditions of practice.
- Section 26A concerns administrative removal after death or on request.
Official legal sources
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
The Bar Council of India Rules on standards of professional conduct and etiquette may be checked through India Code: India Code - Bar Council of India Rules.
Legal note: Whether particular conduct amounts to "professional or other misconduct," and what punishment is proportionate, depends on the proved facts, professional-conduct rules, procedural fairness and binding decisions. Section 35 should therefore be read with Sections 36, 36B, 37, 38, 42 and the current Bar Council of India Rules.