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Role of the Bar Council or Bar Associations - whether unconstitutional?

The Advocates Act, 1961 gave autonomy to a Bar Council of a State or Bar Council of India and Section 6 (1) empowers them to make such action deemed necessary to set their house in order, to prevent fall in professional conduct and to punish the incorrigible as not befitting to the noble profession apart from admission of the advocates on its roll. Section 6 (1) (c) and rules made in that behalf, Sections 9, 35, 36, 36B and 37 enjoin it to entertain and determine cases of misconduct against advocates on its roll. The members of the judiciary are drawn primarily and invariably from the Bar at different levels. The high moral, ethical and professional standards among the members of the Bar are pre-conditions even for high ethical standard of the Bench. Degeneration thereof inevitably has its eruption and tends to reflect the other side of the coin. The Bar Council, therefore, is enjoined by the Advocates Act to maintain high moral, ethical and professional standards. which of late is far from satisfactory. Their power under the Act ends thereat and extends no further. Article 121 of the Constitution prohibits discussion by the members of the Parliament of the conduct of any Judge of the Supreme Court or of High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as provided under Article 124 (4) and (5) and in the manner laid down under the Act, the Rules and the rules of business of the Parliament consistent therewith. By necessary implication, no other forum or fora or platform is available for discussion of the conduct of a Judge in the discharge of his duties as a Judge of the Supreme Court or the High Court, much less a Bar Council or group of practising advocates. They are prohibited to discuss the conduct of a Judge in the discharge of his duties or to pass any resolution in that behalf.