Advocates Act, 1961 - Chapter VII

Section 58B of the Advocates Act, 1961 - Special Provision Relating to Certain Disciplinary Proceedings

Section 58B is a transitional disciplinary provision. It governed how disciplinary proceedings concerning existing High Court advocates and certain other legal practitioners were to be transferred and disposed of after the Advocates Act, 1961 replaced the earlier disciplinary framework under the Indian Bar Councils Act, 1926.

Current legal context: Section 58B remains in Chapter VII of the Advocates Act, 1961. Its principal function was transitional: from September 1, 1963, specified pending or future disciplinary matters were shifted from the earlier High Court and professional-practitioner framework to the State Bar Council system, subject to limited savings for proceedings already at an advanced stage.

What is Section 58B of the Advocates Act?

Section 58B ensured continuity in disciplinary jurisdiction during the transition to the Bar Council system. It identified which pending cases would move to a State Bar Council, which cases would remain with the High Court for disposal, and how proceedings concerning pleaders, vakils, mukhtars and attorneys who had since enrolled as advocates would be handled.

Section 58B - Statutory Text

58B. Special provision relating to certain disciplinary proceedings.

(1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll.

(2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56:

Provided that where in respect of any such proceeding the Court has received the finding of a Tribunal constituted under section 11 of the Indian Bar Councils Act, 1926, the High Court shall dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers conferred on it under section 12 of the said Act as if that section had not been repealed:

Provided further that where the High Court has referred back any case for further inquiry under sub-section (4) of section 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in relation to the High Court as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56.

(3) If immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any State roll under this Act, such proceeding shall stand transferred to the State Bar Council on the roll of which he has been enrolled and be dealt with under this Act as if it were a proceeding arising against him thereunder.

(4) In this section, "existing advocate" means a person who was enrolled as an advocate on the roll of any High Court under the Indian Bar Councils Act, 1926 and who, at the time when any proceeding in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a State roll under this Act.

(5) The provisions of this section shall have effect notwithstanding anything contained in this Act.

Clause-wise Explanation of Section 58B

Section 58B(1): State Bar Council jurisdiction from September 1, 1963

From September 1, 1963, disciplinary proceedings concerning an "existing advocate" of a High Court were generally to be disposed of by the State Bar Council related to that High Court. The advocate was treated, for this limited disciplinary purpose, as though enrolled on that State Bar Council roll.

Section 58B(2): Transfer of pending High Court disciplinary proceedings

Proceedings that were already pending before a High Court under the Indian Bar Councils Act, 1926 immediately before September 1, 1963 were transferred to the relevant State Bar Council. The section links this transfer to Section 56(1)(c), which dealt with transfer of pending matters on dissolution of existing Bar Councils.

First proviso to Section 58B(2): Cases where a Tribunal had already reported

If the High Court had already received the finding of a Tribunal constituted under Section 11 of the Indian Bar Councils Act, 1926, the matter did not transfer. The High Court remained responsible for disposing of it and could continue to use the powers available under Section 12 of that Act despite its repeal.

Second proviso to Section 58B(2): Cases sent back for further inquiry

If the High Court had referred a case back for further inquiry under Section 12(4) of the Indian Bar Councils Act, 1926, the proceeding transferred to the relevant State Bar Council instead of remaining with the High Court.

Section 58B(3): Pleaders, vakils, mukhtars and attorneys who became advocates

If a disciplinary proceeding was pending against a pleader, vakil, mukhtar or attorney who had meanwhile been enrolled as an advocate under the Advocates Act, that proceeding transferred to the State Bar Council on whose roll the person was enrolled and was dealt with under the Advocates Act.

Section 58B(4): Meaning of "existing advocate"

For Section 58B, an "existing advocate" is a person who had been enrolled as an advocate on a High Court roll under the Indian Bar Councils Act, 1926 but was not enrolled on a State roll under the Advocates Act at the time disciplinary proceedings were initiated.

Section 58B(5): Overriding effect

Sub-section (5) gives Section 58B overriding effect over inconsistent provisions elsewhere in the Advocates Act. This ensured that the transitional disciplinary transfer mechanism operated according to Section 58B.

Meaning of Related Legal Provisions

Section 56 - Dissolution of existing Bar Councils

Section 56 dealt with dissolution of pre-existing Bar Councils and transfer of their functions, assets, liabilities and pending proceedings. Section 58B uses Section 56(1)(c) as the procedural reference point for transferred disciplinary cases.

Sections 11 and 12 of the Indian Bar Councils Act, 1926

Under the earlier law, disciplinary matters concerning advocates could be investigated through a Tribunal and then disposed of by the High Court. Section 58B preserved limited use of that earlier machinery where a proceeding had already advanced to the stage specified in the first proviso to Section 58B(2).

Modern disciplinary framework under the Advocates Act

Under the current Advocates Act framework, professional misconduct proceedings are principally governed by provisions including Section 35, with appeals and related powers dealt with in subsequent provisions. Section 58B should therefore be read as a historical transition provision rather than the ordinary modern disciplinary route.

Why Section 58B Still Matters

Although the practical transfer date in Section 58B is historical, the provision remains relevant for interpreting legacy disciplinary proceedings, understanding the migration from High Court-based discipline under the Indian Bar Councils Act, 1926 to the State Bar Council system, and construing old orders or records arising during that transition.

Key Points About Section 58B

Official Source

For the current consolidated text of the Advocates Act, 1961, refer to India Code - Advocates Act, 1961.