Advocates Act, 1961 - Chapter V: Conduct of Advocates
Section 43 of the Advocates Act, 1961: Costs of Proceedings Before a Disciplinary Committee
Section 43 of the Advocates Act, 1961 empowers a disciplinary committee of a Bar Council to make an appropriate order regarding the costs of proceedings before it and gives that costs order a direct statutory mode of enforcement.
In brief: A disciplinary committee may award costs in any manner it considers fit. A costs order made by the Bar Council of India disciplinary committee is executable as if it were an order of the Supreme Court. A costs order made by a State Bar Council disciplinary committee is executable as if it were an order of the High Court.
Text of Section 43
Section 43 - Cost of proceedings before a disciplinary committee
The disciplinary committee of a Bar Council may make such order as to the costs of any proceedings before it as it may deem fit, and any such order shall be executable as if it were an order:
(a) in the case of an order of the disciplinary committee of the Bar Council of India, of the Supreme Court; and
(b) in the case of an order of the disciplinary committee of a State Bar Council, of the High Court.
Meaning and explanation of Section 43
1. The disciplinary committee has discretion to award costs
Section 43 uses the words "may make such order as to the costs ... as it may deem fit." The committee therefore has discretion to decide whether costs should be awarded and, if so, the form and amount of the costs order within the disciplinary proceeding.
2. Costs are part of the disciplinary proceeding, not a separate civil suit
The costs order arises from the disciplinary proceeding itself. Section 43 avoids the need for a separate civil action merely to establish the enforceability of the committee's costs award.
3. BCI costs orders are executable as Supreme Court orders
Where the costs order is made by the disciplinary committee of the Bar Council of India, Section 43(a) gives it the statutory executability of an order of the Supreme Court.
4. State Bar Council costs orders are executable as High Court orders
Where the costs order is made by the disciplinary committee of a State Bar Council, Section 43(b) makes it executable as if it were an order of the High Court.
Section 43 at a glance
| Issue | Statutory position |
|---|---|
| Who may award costs? | Disciplinary committee of a Bar Council. |
| Is a costs order mandatory? | No. The committee has statutory discretion. |
| BCI disciplinary committee order | Executable as if it were an order of the Supreme Court. |
| State Bar Council disciplinary committee order | Executable as if it were an order of the High Court. |
What may "costs" include?
Section 43 does not itself prescribe a detailed tariff or exhaustive list of recoverable items. The nature and amount of costs therefore depend on the disciplinary committee's order, the applicable Bar Council rules, the procedural history and the circumstances of the case.
Section 43 and Section 42
Section 42 gives disciplinary committees specified civil-court-type procedural powers. Section 43 serves a different function: it deals specifically with costs and their execution after a costs order is made.
Section 43 and appellate proceedings
Where a disciplinary matter is appealed under Section 37 or Section 38, the effect of the appellate order on any existing costs direction depends on the terms of the appellate decision and any stay or modification granted in the proceeding.
Section 43 and stay
Section 40 provides that filing an appeal does not automatically stay the order appealed against. If execution of a costs order is sought to be suspended, the applicable stay framework and the terms of any stay order should be examined.
Related provisions
- 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 order.
- Section 42 - Powers of disciplinary committee.
- Section 42A - Powers of BCI and other committees.
- Section 44 - Review of disciplinary committee orders.
Official legal source
The current published text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
Legal note: Section 43 gives the disciplinary committee discretion over costs and creates a statutory enforcement mechanism. The precise amount, liability, execution process and effect of any appeal or stay depend on the actual costs order, applicable procedural rules and subsequent appellate directions.