Transfer of disciplinary proceedings from State Bar Councils to the Bar Council of India
Under the statutory framework governing professional ethics, when disciplinary proceedings initiated against an advocate under Section 35 of the Advocates Act cannot be concluded by a State Bar Council within the mandatory period of one year, the proceedings stand transferred to the Disciplinary Committee of the Bar Council of India by operation of law. Upon such transfer, the Disciplinary Committee of the Bar Council of India steps into the shoes of the adjudicating body and must evaluate the complete records transmitted from the State Bar Council, including any interim affidavits, compromise petitions, or formal applications seeking withdrawal of allegations. The transferee body does not function in isolation from prior developments but is duty-bound to examine all intermediate procedural milestones achieved while the matter was pending before the State forum. (Monty Goyal Vs Navrang Singh | 2026 INSC 94).