Section 44 of the Advocates Act, 1961: Review of Orders by Disciplinary Committee

Section 44 of the Advocates Act, 1961 gives a disciplinary committee of a Bar Council a limited statutory power to review an order passed by that committee under Chapter V of the Act. The review may be initiated by the committee on its own motion or otherwise, but it must be exercised within the statutory period prescribed by the section.

Key points under Section 44

The power belongs to the disciplinary committee of a Bar Council.
The committee may act on its own motion or otherwise.
The order sought to be reviewed must have been passed by that committee under Chapter V of the Advocates Act, 1961.
The review must be undertaken within 60 days from the date of the order.
A review order made by the disciplinary committee of a State Bar Council does not take effect unless approved by the Bar Council of India.

Text and meaning of Section 44

Section 44 - Review of orders by disciplinary committee: The disciplinary committee of a Bar Council may, on its own motion or otherwise, review an order passed by it under Chapter V within 60 days from the date of that order. In the case of a State Bar Council disciplinary committee, the review order has no effect unless it is approved by the Bar Council of India.

In practical terms, Section 44 creates a statutory review mechanism within the disciplinary framework of the Advocates Act. It is not a general power of reconsideration by the Bar Council as a whole. The provision is specifically directed to the disciplinary committee that passed the order.

The current official text of the Advocates Act, 1961 can be checked on India Code. The words prescribing the 60-day period were inserted by the Advocates (Amendment) Act, 1973 with effect from January 31, 1974.

What does "review" mean under Section 44?

A review is a statutory reconsideration of an order by the same disciplinary committee that made it. Section 44 therefore differs from an appeal, where a higher forum examines the challenged order. The scope of any review must remain connected with an order passed under Chapter V of the Advocates Act.

Who can initiate a review?

The expression "of its own motion or otherwise" permits the disciplinary committee to initiate review on its own and also contemplates review being sought otherwise, such as through an application placed before the committee. In every case, the statutory conditions of Section 44 continue to apply.

Time limit: 60 days from the date of the order

Section 44 expressly requires review within 60 days from the date of the order. This time requirement forms part of the statutory power itself and should be kept in view when considering or preparing a review application.

Important: Section 44 refers to 60 days from the date of the order. This wording is different from provisions that calculate limitation from the date of communication or receipt of an order.

Special requirement for State Bar Council review orders

The proviso to Section 44 imposes an additional safeguard where the review order is made by the disciplinary committee of a State Bar Council. Such a review order does not become effective merely because the State Bar Council disciplinary committee has passed it. Approval of the Bar Council of India is required before the review order can have effect.

Section 44 compared with disciplinary appeals

Review under Section 44 should be distinguished from the appellate remedies provided in the same Chapter. Section 37 deals with appeal to the Bar Council of India, while Section 38 provides for appeal to the Supreme Court in the circumstances stated there.

Related provisions

Summary

Section 44 of the Advocates Act, 1961 enables a disciplinary committee to review an order passed by it under Chapter V within 60 days from the date of the order. Where the review order is made by a State Bar Council disciplinary committee, it becomes effective only after approval by the Bar Council of India. The provision should be read together with the surrounding disciplinary and appellate provisions of Chapter V.