JUDGMENT

R.C. Lahoti, J.-Leave granted in SLP (C) Nos. 4477/2002 and 23108/2002.

2. This common judgment disposes of two appeals by special leave under Article 136 of the Constitution, an appeal under Section 38 of the Advocates Act, 1961, and a civil writ petition laying challenge to the constitutional validity of Section 48AA of the Advocates Act, 1961, hereinafter, the Act for short.

3. Smt. D. Anuradha, the respondent No. 1 in the Civil Appeals is the wife of D. Saibaba, the appellant. The marriage has broken down and the spouses have fallen apart. On 25.8.1999, the wife filed a complaint under Section 35 of the Act complaining of professional misconduct committed by the appellant, alleging that in spite of his being a duly enrolled advocate, he was running a telephone booth allotted to him in the handicapped person s quota. After hearing the appellant s response the State Bar Council of India, vide its order dated 6.11.1999, directed the complaint to be dropped forming an opinion that no case for proceeding against the appellant was made out. On 30.12.1999, the wife lodged yet another complaint making almost identical averments. The appellant filed a detailed reply. He submitted