Question

Which of the following options correctly states the composition of a Disciplinary Committee of a Bar Council as prescribed under Section 9(1) of the Advocates Act, 1961?

• A. Five members all co-opted from advocates having not less than ten years' standing at the Bar.
• B. Five members three elected by the Council and two co-opted senior advocates from outside the Council.
• C. Three members two elected from the Council's membership and one co-opted advocate possessing the prescribed qualifications, who is not a member of the Council.
• D. Three members all elected by the Council, with the most junior member serving as Chairman.

Hint:

For Advocates Act questions: \[ \boxed{\text{Disciplinary Committee = 3 Members}} \] Two elected from the Council and one co-opted advocate from outside the Council.

Answer 1

The Correct Option is C

Concept: Section 9 of the Advocates Act, 1961 provides for the constitution of Disciplinary Committees by the Bar Council. These committees adjudicate cases relating to professional misconduct and disciplinary proceedings against advocates.

Step 1: Composition prescribed by Section 9(1).

• Every Disciplinary Committee consists of three persons.

• Two members are elected from among the members of the Bar Council.

• One member is co-opted from advocates who possess the prescribed qualifications and who are not members of the Council.

Step 2: Purpose of including a co-opted member.

• The co-opted member brings independent professional expertise.

• This helps ensure fairness, objectivity, and professional accountability in disciplinary proceedings.

Disciplinary Committee = 2 Council Members + 1 Qualified Co-opted Advocate.