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.

Answer 2

Section 9(1) of the Advocates Act, 1961 fixes both the size and the composition of a Disciplinary Committee. Each option can be checked against the actual number of members and how they are chosen.

1. Five members, all co-opted from advocates of not less than ten years' standing: a Disciplinary Committee does not consist of five members at all, and it is not composed entirely of co-opted outsiders, part of its membership must come from within the Bar Council itself.
2. Five members, three elected by the Council and two co-opted senior advocates from outside: this again states the wrong total strength. Section 9(1) fixes the Committee at three members, not five, so this option cannot be correct regardless of the internal split.
3. 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: this matches Section 9(1) precisely, the Committee has three members in total, two of whom are elected from among the Council's own members, and one of whom is co-opted from advocates outside the Council who meet the prescribed qualifications.
4. Three members, all elected by the Council, with the most junior member as Chairman: while this option correctly states the total number as three, it wrongly excludes the co-opted outside member entirely, and it wrongly identifies seniority, as the junior-most, as the basis for chairmanship.

Only the third option gets both the total strength, three, and the internal composition, two elected, one co-opted non-member, correct; the first two options fail on the total number, and the fourth fails by omitting the co-opted outsider.

So the correct answer is 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.