Advocates Act, 1961 - Chapter V: Conduct of Advocates
Section 42A of the Advocates Act, 1961: Powers of Bar Council of India and Other Committees
Section 42A of the Advocates Act, 1961 extends the procedural powers contained in Section 42, so far as they can appropriately apply, to the Bar Council of India and specified committees of a Bar Council.
In brief: Section 42A does not create a new independent list of powers. Instead, it applies Section 42, so far as may be, to the Bar Council of India, the enrolment committee, election committee, legal aid committee and any other committee of a Bar Council.
Text of Section 42A
Section 42A - Powers of Bar Council of India and other committees
The provisions of Section 42 shall, so far as may be, apply in relation to the Bar Council of India, the enrolment committee, the election committee, the legal aid committee, or any other committee of a Bar Council as they apply in relation to the disciplinary committee of a Bar Council.
Meaning and explanation of Section 42A
1. Section 42A incorporates Section 42 powers
The section operates by reference. To understand Section 42A, it is necessary to read Section 42, which gives a disciplinary committee specified powers similar to those of a civil court under the Code of Civil Procedure, 1908.
2. Which bodies are covered?
Section 42A expressly applies to:
- the Bar Council of India;
- the enrolment committee;
- the election committee;
- the legal aid committee; and
- any other committee of a Bar Council.
3. What does "so far as may be" mean?
The phrase limits mechanical application of Section 42. A power is applied only to the extent it is capable of operating in the context, functions and proceeding of the BCI or the particular committee concerned.
Important Section 42 powers that may apply
Section 42(1) gives a disciplinary committee powers comparable to those of a civil court under the Code of Civil Procedure, 1908 for specified procedural matters. Through Section 42A, those powers may, so far as appropriate, be available to the bodies covered by Section 42A.
| Section 42 procedural power | Practical effect |
|---|---|
| Summoning and enforcing attendance | Power to require a person to attend where the statutory context permits. |
| Examination on oath | Power to examine an attending person on oath. |
| Discovery and production of documents | Power to require relevant documents to be disclosed or produced. |
| Evidence on affidavits | Power to receive evidence in affidavit form. |
| Requisition of public records | Power to call for a public record or copy from a court or office. |
| Commissions | Power to issue commissions for examination of witnesses or documents. |
| Other prescribed matters | Additional matters may be covered where validly prescribed under the Act. |
Statutory safeguards under Section 42 also matter
Section 42 does not give unlimited compulsory-process powers. Its proviso restricts compelling the attendance of a presiding officer of a court without previous sanction of the High Court to which that court is subordinate, and restricts compelling an officer of a revenue court without previous sanction of the State Government.
Section 42A does not convert every committee into a disciplinary committee
Section 42A extends procedural powers; it does not change the substantive statutory function of the body receiving them. An enrolment committee remains responsible for enrolment matters, an election committee for election-related functions, and a legal aid committee for legal-aid functions. The imported powers are used only in aid of the lawful function of that body.
Section 42A and the Bar Council of India
Section 42A expressly includes the Bar Council of India itself, not only its disciplinary committee. This allows the procedural machinery of Section 42 to be available, so far as may be, when the BCI acts within a function for which such powers are legally relevant.
Section 42A and enrolment proceedings
The inclusion of the enrolment committee is significant because enrolment proceedings may involve verification of qualifications, documents and other relevant facts. Section 42A provides procedural support by importing applicable Section 42 powers into that statutory setting.
Section 42A and election or legal-aid committees
The election committee and legal aid committee are separately named in the section. Their use of Section 42 powers remains confined by their statutory or rule-based functions and by the phrase "so far as may be."
Related provisions
- Section 35 - Punishment of advocates for misconduct.
- Section 36 - Disciplinary powers of the Bar Council of India.
- Section 42 - Powers of disciplinary committee.
- Section 43 - Costs of proceedings before a disciplinary committee.
- Section 44 - Review of disciplinary committee orders.
- Section 48A - Power of revision.
- Section 48AA - Review by the Bar Council of India.
Official legal source
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
Legal note: Section 42A applies Section 42 only "so far as may be." Whether a particular Section 42 power can be used by the BCI or a specific committee depends on the statutory function being performed, the nature of the proceeding, applicable Bar Council rules and any judicial limitations governing that exercise of power.