Transfer of proceedings from the State Bar Council to the Bar Council of India

A client files a complaint against an advocate in March. By the next March nothing has happened: no notice, no hearing, no order. In an ordinary court the client could only wait. Under the Advocates Act, something else happens at the one-year mark — the case is taken out of the State Bar Council’s hands by the statute itself. How does a disciplinary proceeding travel from a State Bar Council to the Bar Council of India, and what are the different ways it can make that journey?

In two minutes

A disciplinary proceeding can reach the Bar Council of India in three ways: by automatic transfer when a State committee has not finished within one year (section 36B), by withdrawal on the Bar Council of India’s own motion, a State Council’s report or an interested person’s application (section 36(2)), or by appeal after the State committee’s order (section 37).

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