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Section 48A of the Advocates Act, 1961: Power of Revision

Section 48A of the Advocates Act, 1961 gives the Bar Council of India a statutory revisional power over certain proceedings disposed of by a State Bar Council or one of its committees. The power applies where no appeal lies and enables the Bar Council of India to examine the legality or propriety of the disposal.

Text of Section 48A - Power of Revision

Section 48A(1): The Bar Council of India may, at any time, call for the record of any proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit.

Section 48A(2): No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.

What is the power of revision under Section 48A?

Revision under Section 48A is a supervisory statutory remedy. It permits the Bar Council of India to call for and examine the record of a proceeding that has already been disposed of by a State Bar Council or one of its committees where the Act does not provide an appeal from that disposal.

The purpose of the examination is specifically to satisfy the Bar Council of India about the legality or propriety of the disposal. After examining the record, the Bar Council of India may pass an appropriate order in relation to the matter, subject to the safeguards contained in the section.

When can Section 48A be invoked?

  • There must be a proceeding under the Advocates Act, 1961.
  • The proceeding must have been disposed of by a State Bar Council or one of its committees.
  • No appeal must lie from that disposal.
  • The Bar Council of India may call for the record to examine legality or propriety.
  • The section states that the Bar Council of India may act "at any time".
  • A person who may be prejudicially affected must receive a reasonable opportunity of being heard before such an order is passed.

Meaning of legality and propriety

The words "legality or propriety" define the focus of the revisional inquiry. Legality concerns whether the disposal conforms to the Advocates Act, applicable rules and governing law. Propriety concerns whether the disposal is appropriate and proper within the statutory framework. Section 48A therefore permits supervisory scrutiny, but only within the jurisdiction conferred by the Act.

Right to a reasonable opportunity of hearing

Section 48A(2) contains an express procedural safeguard. If the proposed revisional order would prejudicially affect a person, the Bar Council of India cannot pass that order without first giving the affected person a reasonable opportunity of being heard.

This statutory hearing requirement reflects the principle that an adverse order should not be made without giving the affected person a fair opportunity to present the relevant case.

Section 48A applies where no appeal lies

The absence of an appeal is an express condition in Section 48A(1). Accordingly, the revisional jurisdiction is not intended to replace an appellate remedy that the Advocates Act specifically provides. Whether an appeal lies must therefore be determined from the nature of the proceeding and the relevant provisions of the Act.

Difference between revision, review and directions

Section 48A - Revision. The Bar Council of India may call for the record of certain proceedings disposed of by a State Bar Council or its committee where no appeal lies and examine the legality or propriety of the disposal.
Section 48AA - Review. The Bar Council of India or one of its committees, other than its disciplinary committee, may review an order passed by it under the Act within the statutory sixty-day period.
Section 48B - Power to give directions. Section 48B deals with the Bar Council of India's power of general supervision and control to issue directions to a State Bar Council or its committee for proper and efficient discharge of statutory functions.

Related appellate provisions

Section 37 - Appeal to the Bar Council of India. Section 37 provides an appeal to the Bar Council of India against certain disciplinary orders of a State Bar Council's disciplinary committee.
Section 38 - Appeal to the Supreme Court. Section 38 provides for an appeal to the Supreme Court against specified disciplinary orders of the Bar Council of India.

Official legal source

The current central text of the Advocates Act, 1961 is available on the Government of India's India Code portal. Section 48A should be read together with the applicable Bar Council of India Rules and the provisions governing the particular proceeding, especially where the availability of an appeal or the scope of revisional jurisdiction is disputed.

Legal information: This article provides a general explanation of Section 48A of the Advocates Act, 1961. Whether revisional jurisdiction is available in a particular matter depends on the nature of the proceeding, the authority that disposed of it, the availability of an appeal and the applicable law.