All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
12.

Power of Disciplinary Committee under the Advocate Act is provided under :

A: Section 42
B: Section 53
C: Section 40
D: Section 36

The answer is: A

Explanation

The correct option is A: Section 42.

This section of the Advocates Act, 1961 provides the powers of the disciplinary committee of a Bar Council. According to this section, the disciplinary committee has the same powers as a civil court under the Code of Civil Procedure, 1908, in respect of matters such as summoning and enforcing the attendance of any person, requiring discovery and production of any documents, receiving evidence on affidavits, requisitioning any public record or copies thereof, issuing commissions for the examination of witnesses or documents, and any other matter that may be prescribed. The section also states that the proceedings before the disciplinary committee are deemed to be judicial proceedings and that the committee is deemed to be a civil court for certain purposes. The section also lays down some restrictions and exceptions for the exercise of these powers by the disciplinary committee.

The other options are incorrect for the following reasons:

Option B: Section 53 deals with the power of the Bar Council of India to make rules on matters relating to its functions under this Act, such as legal education, professional conduct, standards of legal services, legal aid, etc. It does not deal with the powers of the disciplinary committee.

Option C: Section 40 deals with the power of a Bar Council to remove any name from its roll if it is satisfied that such person has entered in such roll by misrepresentation or fraud. It does not deal with the powers of the disciplinary committee.

Option D: Section 36 deals with the power of a Bar Council to transfer any complaint or proceeding pending before its disciplinary committee to another disciplinary committee constituted by it or by any other State Bar Council. It does not deal with the powers of the disciplinary committee.