Advocates Act, 1961 - Chapter V: Conduct of Advocates

Section 37 of the Advocates Act, 1961: Appeal to the Bar Council of India

Section 37 of the Advocates Act, 1961 provides a statutory appeal to the Bar Council of India against an order of the disciplinary committee of a State Bar Council made under Section 35.

Text and structure of Section 37

Meaning and explanation of Section 37

1. Section 37 is an appellate remedy

Section 37 does not begin a fresh disciplinary case. It creates an appeal against an order already made by the disciplinary committee of a State Bar Council under Section 35.

2. Who may appeal?

The statute permits an appeal by any person aggrieved by the State Bar Council disciplinary order. It also separately gives the Advocate-General of the State a right to appeal.

3. The statutory appeal period is 60 days

The limitation period runs from the date on which the order is communicated. Supreme Court decisions interpreting the Advocates Act have treated communication of the order as the relevant starting point for appeals under Sections 37 and 38.

4. The BCI disciplinary committee hears the appeal

The appeal is not decided by the general body of the Bar Council of India. Section 37(2) places the appeal before the disciplinary committee of the BCI.

5. BCI may vary the punishment

The appellate power is not confined to affirming or setting aside the order. Section 37(2) expressly allows the BCI disciplinary committee to vary the punishment awarded by the State Bar Council disciplinary committee.

6. No prejudicial variation without hearing

If the BCI proposes to alter the State Bar Council order in a manner that would prejudicially affect the aggrieved person, the proviso requires a reasonable opportunity of being heard before such an order is made.

Section 37 appeal at a glance

Section 37 and limitation law

Section 39 applies Sections 5 and 12 of the Limitation Act, 1963 to appeals under Sections 37 and 38. This is relevant to exclusion of time and applications seeking condonation of delay, subject to the statutory requirements and facts of the case.

Does filing the appeal automatically stay the disciplinary order?

No automatic stay follows merely from filing an appeal. Section 40 separately empowers the appellate disciplinary committee of the Bar Council of India or the Supreme Court, as applicable, to stay the operation of the disciplinary order on sufficient cause being shown and on appropriate terms.

Further appeal to the Supreme Court

A person aggrieved by a disciplinary order of the Bar Council of India may have a further statutory appeal under Section 38, which provides an appeal to the Supreme Court within the period prescribed by that section.

Relationship with other disciplinary provisions

• Section 35 - State Bar Council disciplinary proceedings and punishments.
• Section 36 - BCI disciplinary powers and withdrawal of pending cases.
• Section 36B - Time limit and statutory transfer of disciplinary proceedings.
• Section 38 - Appeal to the Supreme Court.
• Section 39 - Application of Sections 5 and 12 of the Limitation Act, 1963.
• Section 40 - Stay of disciplinary order.
• Section 42 - Powers of disciplinary committees.
• Section 44 - Review of disciplinary committee orders.

Official legal sources

The current Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.

The Supreme Court has discussed the 60-day appeal period under Sections 37 and 38 in its decisions on the Advocates Act: Supreme Court of India - Judgment on limitation and communication of disciplinary orders.