Advocates Act, 1961 - Chapter V: Conduct of Advocates

Section 41 of the Advocates Act, 1961: Alteration in Roll of Advocates

Section 41 of the Advocates Act, 1961 deals with the formal consequences that follow on the State roll when an advocate is reprimanded, suspended or removed from practice under the disciplinary provisions of Chapter V.

Text and structure of Section 41

Meaning and explanation of Section 41

1. Section 41 gives administrative effect to disciplinary orders

Section 41 does not itself create the disciplinary punishment. The punishment is imposed under the relevant provisions of Chapter V, principally Section 35, Section 36, or on appeal under Section 37 or Section 38. Section 41 records and implements the effect of that order on the advocate's enrolment record.

2. Reprimand must be recorded on the State roll

Where the final disciplinary order reprimands the advocate, the punishment is entered against the advocate's name in the State roll. The advocate remains enrolled, but the disciplinary consequence forms part of the official roll record.

3. Suspension must also be recorded

A suspension order is likewise entered against the advocate's name on the State roll. Under Section 35(4), an advocate suspended from practice is debarred during the suspension period from practising in any court or before any authority or person in India.

4. Removal from practice results in striking the name off the roll

Where the disciplinary order removes the advocate from practice, Section 41 requires the advocate's name to be struck off the State roll. This is distinct from a temporary suspension.

5. Enrolment certificate must be recalled after suspension or removal

Section 41(3) requires recall of the certificate granted under Section 22 when an advocate is suspended or removed from practice.

Section 41 consequences at a glance

Section 41 and stay of the disciplinary order

Section 40 provides that filing an appeal under Section 37 or Section 38 does not automatically stay the disciplinary order. If the order is effectively stayed by the competent forum, implementation must be considered in light of the terms of that stay.

Section 41 and Section 26A are different

Section 41 concerns alteration of the State roll as a consequence of disciplinary punishment. Section 26A, by contrast, deals with administrative removal of a name where the advocate has died or has requested removal from the roll.

Omitted provisions should not be treated as current operative law

Clause (b) of Section 41(1), the former references to a common roll, and Section 41(2) were omitted by the Advocates (Amendment) Act, 1973. They are part of the legislative history but are not current operative provisions.

Related provisions

• Section 22 - Certificate of enrolment.
• Section 26A - Administrative removal of names from the roll.
• Section 35 - Punishment of advocates for misconduct.
• Section 36 - Disciplinary powers of the Bar Council of India.
• Section 37 - Appeal to the Bar Council of India.
• Section 38 - Appeal to the Supreme Court.
• Section 40 - Stay of disciplinary order.
• Section 42 - Powers of disciplinary committee.
• Section 44 - Review of disciplinary committee orders.

Official legal source

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