Advocates Act, 1961 - Chapter V: Conduct of Advocates
Section 36B of the Advocates Act, 1961: Disposal of Disciplinary Proceedings
Section 36B of the Advocates Act, 1961 requires a State Bar Council disciplinary committee to deal with a complaint under Section 35 expeditiously and ordinarily conclude the proceeding within one year. If that statutory period expires without disposal, the proceeding automatically stands transferred to the Bar Council of India.
In brief: Section 36B imposes a one-year disposal framework on State Bar Council disciplinary proceedings. Failure to conclude the case within that period results in statutory transfer to the Bar Council of India, which may then dispose of it as though it had been withdrawn under Section 36(2).
Text and structure of Section 36B
Section 36B - Disposal of disciplinary proceedings
(1) The disciplinary committee of a State Bar Council shall dispose of a complaint received by it under Section 35 expeditiously. In each case, the proceeding shall be concluded within one year from the date of receipt of the complaint or the date on which proceedings were initiated at the instance of the State Bar Council, as the case may be.
If the proceeding is not concluded within that period, it shall stand transferred to the Bar Council of India, which may dispose of it as if it were a proceeding withdrawn for inquiry under Section 36(2).
(2) Section 36B(2) is a historical transitional provision dealing with disciplinary proceedings that were already pending when the Advocates (Amendment) Act, 1973 commenced. Such proceedings were required to be disposed of within six months from commencement of that Amendment Act or within one year from receipt of the complaint or initiation of the proceeding, whichever period expired later. Failure resulted in transfer to the Bar Council of India.
Meaning and explanation of Section 36B
1. Expeditious disposal is a statutory requirement
Section 36B does more than express a general preference for speed. It specifically directs the disciplinary committee of the State Bar Council to dispose of Section 35 complaints expeditiously.
2. The ordinary statutory period is one year
The one-year period is calculated from the relevant statutory starting point: either the date on which the complaint was received or the date on which proceedings were initiated by the State Bar Council itself.
3. Transfer to the BCI is automatic on expiry
The phrase "shall stand transferred" indicates that the statutory transfer follows when the State Bar Council disciplinary committee fails to conclude the proceeding within the period prescribed by Section 36B(1).
4. BCI deals with the transferred matter under the Section 36 framework
After transfer, the Bar Council of India may dispose of the proceeding as if it had been withdrawn for inquiry under Section 36(2).
5. Section 36B(2) is mainly historical today
Sub-section (2) addressed disciplinary matters already pending when the 1973 Amendment Act commenced. It remains part of the statutory text but is principally transitional rather than the ordinary rule governing a new disciplinary complaint today.
Section 36B at a glance
| Issue | Current statutory position |
|---|---|
| Proceeding covered | Complaint or State Bar Council-initiated disciplinary proceeding under Section 35. |
| Primary duty | Dispose of the proceeding expeditiously. |
| Ordinary time limit | One year from receipt of complaint or initiation by the State Bar Council. |
| Consequence of non-disposal | Proceeding stands transferred to the Bar Council of India. |
| BCI basis after transfer | BCI proceeds as if the case were withdrawn under Section 36(2). |
| Section 36B(2) | Historical transitional rule for cases pending when the 1973 Amendment commenced. |
Supreme Court emphasis on speedy disposal
The Supreme Court has emphasized that disciplinary proceedings should be concluded with the least possible delay because prolonged proceedings affect both the advocate whose professional integrity is under examination and the standards of the legal profession. The statutory one-year framework therefore serves both professional fairness and public confidence in disciplinary regulation.
Section 36B and pending civil or criminal cases
The Supreme Court has also observed that the Advocates Act and disciplinary rules do not contemplate routine suspension of disciplinary proceedings merely because related civil or criminal proceedings are pending. Disciplinary jurisdiction is independent and serves the professional regulatory purpose of the Bar Councils.
Relationship with Sections 35, 36 and 36A
- Section 35 governs the State Bar Council disciplinary proceeding and available punishments.
- Section 36 gives the Bar Council of India disciplinary and withdrawal powers.
- Section 36A preserves continuity when a disciplinary committee changes.
- Section 37 provides an appeal from a State Bar Council disciplinary order to the Bar Council of India.
- Section 38 provides an appeal to the Supreme Court from specified BCI disciplinary orders.
- Section 42 sets out powers of disciplinary committees.
Official legal sources
The current Advocates Act, 1961 may be checked through the official India Code service: India Code - Government of India.
The Supreme Court judgment emphasizing expeditious disposal of professional-misconduct proceedings may be checked here: Supreme Court of India - Judgment dated 17 December 2021.
Legal note: Section 36B regulates the time and statutory transfer of disciplinary proceedings. The merits of misconduct, hearing procedure, evidence, punishment, stay, appeal and review remain governed by the other provisions of Chapter V, the Bar Council of India Rules and binding judicial decisions.