Remedies IV: Revision Under Section 48A, Review Under Section 48AA, and Directions Under Section 48B

In one line

Three powers of the Bar Council of India that catch what appeal and review do not: revision where no appeal lies, review of its own non-disciplinary orders, and directions to a State Bar Council.

In exam wording: sections 48A, 48AA and 48B of the Advocates Act 1961 confer on the Bar Council of India, respectively, a power of revision over proceedings disposed of by a State Bar Council from which no appeal lies, a power to review its own orders other than those of its disciplinary committee, and a power to give binding directions to a State Bar Council in exercise of its general supervision and control.

Section 48A: revision

Section 48A(1): "The Bar Council of India may, at any time, call for the record of any proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit."

Section 48A(2): "No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard."

Five elements, and each is a possible question.

"The Bar Council of India." The Council, not its disciplinary committee. Contrast section 36(2), which is the committee's power, and section 44, which is a committee's power. Section 48A belongs to the Council itself.

"At any time." There is no period of limitation. Compare the sixty days in sections 37, 38 and 44.

"Any proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof." So it reaches proceedings of the Council and of any of its committees, not only the disciplinary committee. An enrolment decision by the enrolment committee is a proceeding under the Act.

"And from which no appeal lies." This is the condition that defines the section, and it is the answer to most questions on it. Section 48A fills the gap left by the appeal provisions; it is not an alternative to them. Where an appeal lies under section 37, revision is excluded.

"Legality or propriety of such disposal." Two grounds. Legality is whether the disposal was according to law. Propriety is wider: whether it was proper, that is fair and appropriate, even if not unlawful. The pairing gives the Bar Council of India a real supervisory reach.

Section 48A(2) is the safeguard: no order prejudicially affecting any person without a reasonable opportunity of being heard. The same principle appears in the provisos to sections 37(2) and 38.

Section 48A was inserted by the amending Act of 1973.