PROFESSIONAL ETHICS

UNIT 4
History of Contempt Law in India

Introduction

In India, Judiciary is considered a prestigious institution that protects and ensures the supremacy of
law, protects individuals’ rights, settles conflicts, and prevents democracy from becoming an
authoritative or dictatorial regime.

To protect the dignity and authority of the Courts in India and enable them to fairly administer and
deliver justice, the judicial system in India has the authority to penalise anyone who tries to interfere
with the proceedings of the court and can restrict one’s right to freedom of speech on the grounds of
Contempt of Court.

Origin

We can find the origins of this law in the courts of the monarchs. The monarchs were believed to be
the ones who were directly appointed by the gods and were the sovereign power of the state. The
monarchs were the ones vested with the authority to pass judgement and provide justice, and
interfering with these powers of the monarch was considered to hinder a divine process.

As the famous Indian polymath wrote in his book Arthashastra “Any person who exposes the king or
insults his council or makes any type of bad attempt on the kings, then the tongue of that person
should be cut off.” And “When a judge threatens, bullies or makes silence to any of the disputants in
the court then he should be punished.”

Historical Background

History of Contempt of Court in India, the roots of Contempt Law in India can be traced back to the
pre-independence period. The East India Company took over the territories in India, which required
the King of England to issue the Charter of 1726 that provided for the establishment of a Corporation
in each Presidency Town.

This Charter is considered to be an important landmark in the history of legal system in India as it
introduced the English Laws in the country. Mayor Courts were constituted in each of the Presidency
Towns and were made the Courts of Record, and authorised to decide all civil cases within the
respective town and subordinate areas.

Subsequently, in the year 1774, the Mayor's Court at Calcutta was replaced by the Supreme Court of
Judicature at Fort William, Calcutta, under the Regulating Act, 1773.

The Mayor's Courts at Madras & Bombay were superseded by the Recorder's Courts, which were also
later abolished and replaced by the Supreme Courts under the Government of India Act, 1800.

While the Supreme Court at Madras came into existence in the year 1801 by the Charter of 1800, the
Supreme Court at Bombay came into existence in 1824 by the Charter of 1823. The Recorder's Courts
& Supreme Courts had the same powers in the matters of punishing for contempt as was exercised
by the superior Courts in England.
The Supreme Courts were in turn succeeded by the High Courts' under the Indian High Courts Act of
1861. The three High Courts of Calcutta, Bombay & Madras had the inherent power to punish for
Contempt.

In 1866, the High Court of Allahabad was established under the Indian High Courts Act, 1861 and was
constituted as a Court of record with the power to punish for Contempt.
In 1867, Peacock C. J. laid down the Rule regarding the power to punish for Contempt quite broadly
In Re : Abdool and Mahtab, (supra) in the following words:
There can be no doubt that every Court of Record has the power of summarily punishing for
Contempt.

In [Legal Remembrance Vs. Matilal Ghose & Ors., (1914) I.L.R. 41 Cal. 173], the Court observed that
the power to punish for Contempt was arbitrary, unlimited and uncontrolled, and therefore, should
be exercised with the greatest caution

Legislations

Prior to the coming into force of the Contempt of Courts Act, 1926 there was a conflict of opinion
among the different High Courts as to their power to punish for Contempt of Subordinate Courts.
Madras & Bombay High Courts expressed the view that the High Courts have jurisdiction to deal with
contempt of the Mofussil Courts. But the Calcutta High Court expressed the view that the High
Courts in India did not possess identical power in matters of Contempt of their Subordinate Courts as
possessed by the Court of King's Bench in England.

 Contempt of Courts Act, 1926

This was the first legislation in India to address contempt of court. It gave the High Courts the power
to punish contempt against subordinate courts and their own judgments and proceedings.

 Contempt of Courts Act, 1952

This act replaced the 1926 act and expanded the power to punish for contempt to other courts in
addition to the High Courts. It also gave the Courts of Judicial Commissioner the power to try
contempt of themselves or subordinate courts.

 Contempt of Courts Act, 1971

This act was the result of recommendations from a committee led by H.N. Sanyal, Additional Solicitor
General for the Government of India. The committee recommended that a law officer be appointed
to initiate contempt proceedings, rather than the courts themselves. These recommendations were
then incorporated in The Contempt of Courts Act 1971, which was enacted by the parliament of
India, which is the current legislation followed in offences dealing with the Contempt of courts in
India.

Indian legal fraternity was not satisfied with current laws of Contempt of court i.e. Act of 1952. The
main reason for it was the term Contempt of court was not well defined in the previous act. With the
increasing cases of contempt, the law seems to uncertain and unsatisfactory. So, to have a well-
defined and structured act, a committee was set up by Government on 29th July, 1961 under the
chairmanship of H.N. Sanyal, then additional Solicitor General. The committee was appointed with
the following tasks:
[i] Prepare draft of bill relating to Contempt of Court, Generally and procedure for amendments,
particularly.

[ii]Suggest Amendments and clarifying law

[iii] Suggest codification of law

In course of 2 years, Committee submitted the drafted bill along with its report. The Bill was referred
to Joint Select Committee of Parliament. After detailed discussions and with few changes, the bill was
passed in 1971 by Parliament as ‘Contempt of Court Act, 1971’. This act deals with the various forms
of contempt and Punishment for the same. The Preamble of the act is read as “An Act to define and
limit the powers of certain courts in punishing contempt of courts and to regulate their procedure in
relation thereto.” The Act provides details of Classification of contempt, punishments and procedure
to be followed.

Civil and Criminal Contempt:

In the act, Contempt have been classified majorly under 2 domains: [i] Civil [ii] Criminal

 Civil Contempt: According to section 2[b] of the act “civil contempt” means willful
disobedience to any judgment, decree, direction, order, writ or other process of a court or
willful breach of an undertaking given to a court. It means when an individual willingly
disobey the court orders and proceedings, he/she can be punished for civil wrong.

In this contempt, Court seeks remedy through force the person to comply with the orders by putting
on sanctions and fines. Imprisonment is not much recommended in civil case. But if the person still
fails to comply with court, a maximum of 6 months imprisonment can be granted.

 Criminal Contempt: It is well defined under Section 2[c] of the act.

(c) “Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or
by visible representations, or otherwise) of any matter or the doing of any other act whatsoever
which—

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or (ii)
prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of
justice in any other manner.

It includes those offences which undermine the Majesty of Court or bring disrespects to it. It also
includes disrespect of a judicial officer or of his post. It is of criminal nature. For this, the person can
be punished with imprisonment.

Objective:

The object of contempt law is to protect the public's interest and the justice system by: Maintaining
the authority of the law, Preventing interference with the judicial process, Upholding the dignity of
the court, and Ensuring the judiciary is respected.

According to the SC Bar Association vs UOI, the object of punishment is both corrective and curative.

The Objective of the act was:

[I] To regulate the procedure for imposition of appropriate punishment within quantum fixed by law.
[ii] To ensure dignity of court so that obedience becomes a matter of course

To protect machinery of justice and interest of people.

To uphold the dignity of courts. Unless the court is able to protect its own dignity, it is a far cry that it
could instill confidence of common people in Majesty of Justice.

Its objective is not to protect the person who is a judicial officer, personal comment and drawbacks
of judicial officer can be criticsed. Its objective is to protect the legacy and purity of the post of
judicial officer.

Other Organs like Legislature and executive have the power to protect themselves from interruption
or critizing and public arrest. But Judiciary has only 1 way to protect its honor and uphold its dignity
i.e. Contempt of Court. It increases the importance of this act.

Constitutional Validity

The Indian Constitution gives exclusive power to the Parliament to make laws regarding matters
mentioned in List I and the power to make laws with respect to subjects in List III is shared by both
Parliament and State legislatures. In cases of conflict, the law made by Parliament prevails. However,
Article 254(2) provides an exception to this rule, stating that a law made by the State legislature may
prevail if it has received the President’s assent and contains provisions not repugnant to existing laws
made by Parliament.

Contempt of court falls under Entry 77 of List I and Entry 14 of List III of the Constitution’s seventh
schedule, which grants the legislature the competence to legislate on the subject. However, the
Supreme Court and High Courts must retain the power to punish for contempt, and this power
cannot be transferred to any other court.

The act finds its essence and validity in certain Articles of the constitution.

 Article 129: Makes the Supreme Court a court of record and gives it the power to punish for
contempt of itself

 Article 142(2): Allows the Supreme Court to investigate and punish any person for its
contempt

 Article 215: Grants every High Court the power to punish for contempt of itself

 Section 10 of the Contempt Act, 1971, makes it clear that every High Court shall have and
exercise the same jurisdiction powers and authority in accordance with the same procedure
and practice in respect of contempt of courts subordinate to it as it has and exercise in
respect of contempt of itself, beside this article 255 of the Constitution of India makes
provision for its continuity.

 Hence, on the above grounds, it can be concluded that the Contempt of Court Act, 1971 is
not violative of any provision of the Constitution and it is constitutionally valid.

In the case of Noordeen Mohammed v. A.K. Gopalan, the constitutional validity of contempt of
court was challenged. It was held that the Contempt of Courts Act was valid as it did not contravene
the existing law of contempt when enacted. Several cases have raised concerns over whether the Act
satisfies the twin test given in Article 14, which requires that the law be just, fair, reasonable, and not
arbitrary, fanciful, or evasive. Additionally, the classification must satisfy the test, and there must be a
relation (nexus) between the classification and the objective.

Arguments against Contempt of Court

Despite Constitutional validity and Supreme Court judgements, the act and concept has been
criticized on several arguments:

 Suppression of Freedom of Speech: Contempt of court laws can sometimes be seen as a

restriction on freedom of speech and expression. Critics argue that these laws may
discourage open criticism of the judiciary or hinder public scrutiny of court proceedings,
potentially impeding transparency and accountability.

 Subjectivity and Ambiguity: The concept of contempt of court can be subjective and open to
interpretation, as it encompasses a wide range of behaviors. The lack of clear guidelines on
what constitutes contempt can lead to inconsistency and potential abuse of power in
applying these laws.

 Disproportionate Punishments: The punishments for contempt of court can vary widely,
ranging from fines to imprisonment. Critics argue that in some cases, the punishments
imposed for contempt may be disproportionate to the offense committed, leading to
concerns of excessive punishment and potential violations of human rights.

 Chilling Effect: The fear of being held in contempt of court can create a chilling effect,
discouraging individuals from participating in or reporting on legal proceedings. This could
hinder public engagement with the justice system and limit the flow of information.
  Impediment to Fair Trials: Contemptuous behavior by individuals involved in a trial, such as
jurors or witnesses, can disrupt the proceedings and potentially impact the fairness of the
trial. However, critics argue that contempt of court laws should not be used as a tool to
suppress legitimate challenges or criticisms that may arise during a trial.

It is important to note that contempt of court laws vary across jurisdictions, and the application and
implications of these laws can differ. The negative points mentioned above are not universally
applicable but highlight some concerns associated with contempt of court in general.

Conclusion:

‘A slap on face of judicial officer is; in fact slap on face of Justice delivery system’ as stated in
judgement of ‘Prem Surana vs. Addl. Munsif & Judicial Magistrate’. Courts are regarded as temple of
justice. A person who feels helpless, cheated or discriminated approaches the gates of court.
Because of his believe that his/ her voice would be heard and he will get justice. But on the other
hand, Courts system seems difficult to understand by most of general public and justice seems
beyond the reach of poor. Yes, judiciary has some shortcomings that cannot be denied. But it is also
important to hold the dignity of court. No simple fellow being should be allowed to criticize the
higher court and say anything what he wants in the name of Freedom of Speech and expression. No
right is absolute and so no act or offence. A balance must be created between healthy criticism and
Court’s dignity.

Contempt of Court Meaning

Before 1971, there was no definition of contempt of court. But after the Contempt of Courts Act,
1971 “contempt of court” was defined for the first time. Even the definition which is given in the
Contempt of Courts Act is not a proper definition but is more like a classification or categorization of
contempt of court. To define the concept, ‘Contempt of Court’ is actually difficult. What would
offend the dignity of court and lower the Court’s prestige is a matter for the Court to determine and
it cannot be confined within the four walls of a definition. This was said in the case of State of Bihar
v. Shree Kuber Nand Kishore Singh.

Contempt of court is broadly defined as any act or conduct that tends to lower the authority of the
court, scandalize or abuse its processes, or interfere with the administration of justice. In other
words, any behaviour that obstructs or undermines the court’s authority or hampers the smooth
functioning of the judicial system can be considered contemptuous

Essentials

There should be some elements required to convict a person for Contempt Of Court in India:

 A valid court order

 The respondent must know the order

 The respondent must be in a condition to render compliance to the order

 Display of wilful disobedience by the respondent

 Obstruction of justice: The action must obstruct or interfere with the administration of
justice.
 Publication: In the case of criminal contempt, the publication is important. This can be
written, spoken, by signs, or by visible representation.
Defences

 Innocent Publication: Under Section 3 if the persons so publishing had at the time of its
publication no reasonable grounds for believing that the proceeding was pending, the
publication is described as “innocent”.

 Fair and Accurate Report of Judicial Proceeding: Under Section 4 a person shall not be guilty
of contempt of court for publishing a fair and accurate report of a judicial proceeding or any
stage thereof.

 Fair Criticism: Under Section 5 it is the privileged right of the Indian citizen to believe what
he considers to be true and to speak out his mind.
 Complaint Against Presiding Officer: Under Section 6 A person shall not be guilty of
contempt of court in respect of any statement made by him in good faith concerning the
presiding officer of any subordinate court.

 Truth as a Defence: Section 13 enables the Court to permit justification by truth as a valid
defence in any contempt proceedings if it is public interest or bona fide.

 Apology: Proviso to Section 12(1) says that the accused may be discharged, or the
punishment awarded may be remitted on apology being made to the satisfaction of the
Court.

 Lack of knowledge of the court order

 When respondents did not do the disobedience willingly.

 The order disobeyed must be vague or ambiguous(R.N. Ramaul v. State of Himachal

Pradesh)

 The order had more than one reasonable or rational interpretation

https://blog.ipleaders.in/contempt-court-professional-ethics/#Defences_available [see in detail]

Punishment

Section 12 of the act

https://blog.ipleaders.in/contempt-court-professional-ethics/
#Punishment_for_contempt_of_court [see for more details]

Cognizance and Procedure

Section 15, 17, 18, 19, 20

Contempt by others

Section 16

UNIT 3
Rights and Privileges of Advocates

Rights of Advocates

Right to Practice

The "Right to Practice" is the most fundamental right that granted to every advocate practicing
law in India. The right to practice is a comprehensive term that includes right to appear in all
sorts of courts (including the Supreme Court of India), all tribunals, and other such law forums.

Further, the right to practice is given by section 30 of Advocates Act, 1961, which states that

every advocate whose name is entered in the [State roll] shall be entitled as of right to practice
throughout the territories to which this Act extends, −

 in all courts including the Supreme Court;

 before any tribunal or person legally authorised to take evidence; and

 before any other authority or person before whom such advocate is by or under any law for
the time being in force entitled to practice.

Right to Freedom of Speech and Expression

Though “right to freedom of speech and expression” enshrined under part III and Article 19 (1)
(a) of the Indian Constitution, is not specific to lawyers and advocates only but rather applied to
all citizens of India in the same manner as it is applicable to advocates. However, as the
advocates play a crucial role while pleading or advocating the rights and interests of their clients,
the right to freedom of speech and expression gives confidence and apt to perform their duty
efficiently. They can suggest, comment, give opinion, and criticize in reference to the matter
related to their case in particular and related to respective laws and case laws in general.

Advocates play a vital role in advocating for the rights and interests of their clients, and they have
the right to voice their opinions or concerns on legal matters that affect their clients or the legal
profession as a whole. However, this right should be exercised responsibly and in adherence to
the code of conduct for advocates, which prohibits any disrespectful or derogatory remarks
about the judiciary or other legal professionals.

Right to Legal Representation and Defend their clients

The “Right to Legal Representation and Defending Clients” is another noticeable right that
defines one of the most essential roles of advocates. This right involves the client’s freedom to
represented by an advocate of their choice during the legal proceedings and advocates has the
right to defend their clients freely and diligently. This right ensures the fair trial and access to
justice and hence fundamental to the adversarial legal system.

Right to Maintain Client’s Confidentiality

The "Right to Reserve Client’s Confidentiality" is an imperative and ethical principle that
safeguards the privacy and build trust between advocates and their clients. This right ensures
clients that the information shared by them with their advocate remains confidential and
protected. Advocates are bound by professional and ethical duty not to disclose any confidential
information without the client's consent. It develops an environment of trust essential for
effective legal representation. Likewise, the "Right to Client Confidentiality" is foundational in
maintaining the integrity of the attorney-client relationship, promoting open communication,
and upholding the ethical standards within the legal profession.

Right to Participate in Bar Associations

The "Right to Participate in Bar Associations" upholds the advocate's entitlement to engage
actively in legal communities and professional organizations, such as Bar Associations. Advocates
have the right as well as mandatory to join these associations, where they can collaborate, share
knowledge, and collectively address matters concerning the legal profession. This right promotes
professional solidarity, facilitates networking, and allows advocates to contribute to the
development and improvement of legal practices.

Right to Charge Fee

Advocates have the right to charge reasonable fee against the services that he intended to
provide or already provided to their clients. This right gives the means of subsistence and, also
encourage to practice their legal profession efficiently.

This right ensures that advocates can earn a livelihood from their practice and sustain their
profession.

The Advocates Act, 1961, and the rules of professional conduct for advocates, recognise this right
and provide guidelines for determining fees and the mode of their recovery. Advocates are
entitled to charge fees based on their professional expertise, experience, and the nature of the
case, and are duty-bound to be transparent and fair in their fee agreements with their clients.
Advocates also have the right to sue their clients for their unpaid fees, subject to the rules of
professional conduct and the applicable laws.

Right to Meet with the Accused-cum Client

Meeting with the client is one of the fundamental needs of an advocate to start legal
proceedings. Specially in criminal cases, when a person accused of any crime arrested and kept in
police lock-up or jail, advocate has the right to meet with that person/accused in police lock-up
or in jail. It is Police Station-in charge’s or jailor’s (whatever the case may be) responsibility to
arrange such meeting in a quiet place without any interference and disturbance.

Right to Refuse the Case

Right “Right to Refuse the Case” is another fundamental right of an advocate, which means
advocates are not bound to accept, argue, and fight every case that comes their way. In other
words, advocates have the right to accept the case as well as refuse to accept the case.

Advocates have the right to refuse to accept a case if they have sufficient reasons to believe that
the case is against their professional ethics or principles, or if they have a conflict of interest. This
right ensures that advocates can maintain their independence and integrity, and avoid any
compromise on their professional duties towards the court and their clients.

The Advocates Act, 1961, and the rules of professional conduct for advocates, recognise this right
and provide guidelines for advocates to refuse a case. Advocates are not bound to accept every
case that comes their way, and they have the right to decline representation if they have valid
reasons to do so.

However, this right is subject to certain exceptions, such as when an advocate is appointed by
the court to represent a party in a criminal case, or when an advocate is engaged by the State to
provide legal aid services. In such cases, advocates may be required to accept the case, subject to
the rules of professional conduct and the applicable laws.

Right of pre-audience

Advocates have the right not to be interrupted before their statement is completed.

Welfare benefits

Advocates are entitled to welfare benefits from the state advocate welfare fund after five years
of practicing law.

Rights of Advocate to Pre-audience

Advocates in India have the right to pre-audience, which means the right to access and inspect
the records, documents, and proceedings of a case before it is taken up for a hearing in court.
This right allows advocates to prepare their cases thoroughly, understand the facts and legal
issues involved, and effectively represent their clients.

Advocate’s Right to Enter any Court and Observe the Proceedings

Advocates have the right to enter any court and observe the proceedings, even if they are not
representing any party in the case. This right allows advocates to gain knowledge and insights
into the functioning of the court, understand the legal process, and stay updated with the latest
developments in the law.

Advocates can also learn from the arguments and strategies of other advocates, observe the
judicial process, and enhance their legal skills through this right. This right is recognised by the
provisions of the Advocates Act, 1961, and the rules of procedure of the courts, which permit
advocates to be present in courtrooms and observe the proceedings.

Privileges of Advocates

Advocates in India have some privileges as well that they enjoy during the course of their legal
practice −

 Legal Immunity − Advocates do have some specified immunities from legal actions for
statements made during court proceedings to ensure they can represent their clients
strongly.

 Exemption from Arrest − All the advocates are exempted from arrest under civil process,
specifically while going to the court or during the court procedure or while returning from
the court as provided under Section 135 of the Civil Procedure Code.

The Advocates Act, 1961, specifically provides for this right under Section 32, which states
that no advocate shall be arrested or detained in any civil or criminal case while going to or
attending a court, or while returning from a court. However, this right is subject to certain
exceptions, such as when an advocate is reasonably suspected of committing a cognisable
offence, or when an arrest warrant is issued against the advocate by a competent court.

 Privilege to Put Advocate’s Symbolic Sticker on their Vehicles − All advocates have the
privilege to put advocate’s sticker on their vehicles. This sticker provides immunity and
preference to some extent in terms of parking in the court’s premises, unnecessary road-side
inquiry, etc.

 An Advocate has a liability of Negligence- No action can be taken against the advocate if he
does any negligence.

In the case of Sampath Kumar v. Bar Council of India, it was observed by the SC that the right to
practice as an advocate is merely a statutory right and not a fundamental right.

It was held in the case of Praveen Pandey v. The State of Madhya Pradesh, that if the advocate
has been restrained from doing legal work, then it will be termed as a violation of their right as
also mentioned under Art 19(1)(g) of the constitution.
Conclusion

The rights and privileges of advocates are the most essential elements of legal profession that
make legal system independent and approachable. As advocates have the right to practice law,
represent clients, and participate in legal communities, foster a dynamic and inclusive legal
profession. Furthermore, as described in the Advocates Act of 1961, these rights of advocates
uphold the professional autonomy, ethical conduct, and indispensable role of advocates in the
administration of justice.

Moreover, as custodians of justice, advocates play a pivotal role in upholding the rule of law and
ensuring access to justice for all and making their rights and privileges fundamental to the legal
landscape in India.

Professional misconduct is defined as any action that puts the advocate in conflict with their
profession or renders them unfit to practise. Put simply, any action that prevents an advocate
from practicing their profession. It is evident that the legal profession is a noble, polite, and
uncontaminated one rather than a business or trade.

The conduct of the members of the profession plays a vital role in determining the
trustworthiness and stature of the profession.

Professional Misconduct includes the following situations:

 Betraying the trust of a client

 Practising fraud through certain means

 Deceiving the court

 Deceiving the opposing party or their counsel

The Supreme Court examined the following when discussing "Professional Misconduct" in
State of Punjab v. Ram Singhi:

 Improper or inappropriate behaviour

 Behaviour that is unlawful according to law

 Immorality

 Carelessness in discharge of duty

 An act forbidden by law

 Or transgression

The Advocates Act of 1961's Chapter V addresses the Advocates' behaviour. The chapter goes on
to detail the advocates' provision for punishment for any kind of misbehaviour. Section 35(1) of
the Act states that the State Bar Council must refer an advocacy's actions to the disciplinary
committee for resolution if they have reason to believe the advocate has engaged in misconduct
 of any kind.

Although the Bar Council and the Act do not specifically define professional misconduct, serious
penalties have been established for any registered advocate who commits or fails to commit such
an act.

Historical Background:
A key component of the system for regulating justice is the legal profession. The absence of as:
Regulated legal profession would make it impossible for the courts to successfully administer
justice because they would be unable to properly connect facts, marshal evidence in favour of or
against the parties in a lawsuit or present the strongest defences or rejoinders to the court. "An
appropriately furnished and effective bar is a prerequisite for a well-functioning judicial
administration system." The evolution of the legal profession in India is therefore something that
should be carefully noted in the fitness of things.

The inception of the legal profession in India dates to Governor Aungier's establishment of the
First British Court in Bombay in 1672. The Governor-in-Council, not the Court, was tasked with
admitting or acknowledging solicitors. There were no attorneys in practice prior to the Mayor's
Courts being established in Madras and Calcutta in 1726. A recognised legal profession did not
exist prior to the Mayor's Court's founding. Lawyers were not trained in law, and some of the
mayor's court officials were former British East India Company employees. A few key years
contributed significantly to the establishment of Indian courts

Professional misconduct is defined as any action that puts the advocate in conflict with their
profession or renders them unfit to practise. Put simply, any action that prevents an advocate
from practicing their profession. It is evident that the legal profession is a noble, polite, and
uncontaminated one rather than a business or trade.

The conduct of the members of the profession plays a vital role in determining the
trustworthiness and stature of the profession.

Professional Misconduct

Professional Misconduct includes the following situations:

 Betraying the trust of a client

 Practising fraud through certain means

 Deceiving the court

 Deceiving the opposing party or their counsel

The Supreme Court examined the following when discussing "Professional Misconduct" in State of
Punjab v. Ram Singhi:

 Improper or inappropriate behaviour

  Behaviour that is unlawful according to law

 Immorality

 Carelessness in discharge of duty

 An act forbidden by law

 Or transgression

Instances Of Misconduct by Advocates:

 Non-performance of Duty:
The term "dereliction of duty" is another term for this circumstance. It can be defined as the
circumstance in which an attorney either transfers the case brief to another attorney or
deserts the client and neglects to fulfill his obligations. A transfer of this kind is thought to be
unprofessional. But if the advocate acts in this manner after obtaining the client's consent, it
is not improper.

V.C Ranga Durai vs D. Gopalan

The Apex Court made it clear that a lawyer assigned a case, and its brief has a duty to uphold the
standards of professional ethics and, as a result, defend the client's interests. It would be
considered professional misconduct if this weren't done.

 Negligence on behalf of the Professional:

An advocate is supposed to use the appropriate abilities and expertise as they proceed with
the case. Furthermore, it is anticipated of him to act with caution and diligence. But if the
advocate was careless and fabricated information or withheld the truth, that would be
considered professional misconduct.

Mohd. Ismail versus Balarathnaiv

The Supreme Court in this case stated that, despite several adjournments, it would constitute
misconduct if a lawyer failed to provide the required paperwork to continue the case.

 Misappropriation:
Misappropriation is a form of misconduct that occurs when an advocate receives money
from his client for purposes connected to the case, but the advocate misappropriates the
money for reasons unrelated to the case.

In this case, an advocate was charged with embezzling the money he received from the client.
The remaining sum was used for professional fees, and the sum was obtained in order to file a
lawsuit. The advocate who placed the blame on the High Court stated that the suit papers were
misplaced by the High Court registry. It was discovered, nevertheless, that the advocate had not
refiled the suit for a considerable amount of time and that the registry had returned the suit
papers to the attorney for the purpose of removing objections. An advocacy committee was
placed under disciplinary committee. The committee punished the advocate for misconduct after
finding that the advocate had embezzled client-paid funds.
  Contempt of Court and Inappropriate behavior before the Magistrate:
A person who violates the justice system, the court's authority, or its dignity by acting in a
manner that is disrespectful or disobedient towards the court or any of its officials is guilty of
contempt of court. Respecting and upholding the dignity of the court is the obligation of an
advocate. Any false accusations made against a judge or other court official are considered
misconduct. There are two distinct forms of contempt: acting inappropriately towards judges
in court or completely disobeying the court's orders.

The leader of the Communist Party of India, M.V. Jayarajan, was sentenced to six months in
prison in 2010 for contempt of court after he made remarks that were critical of the Kerala High
Court's ruling to forbid public gatherings. Nevertheless, following an appeal to the Supreme
Court, his sentence was shortened to four months.

 Giving Out False Information:

It is misconduct for an advocate to knowingly provide a public servant with misleading
information. The information may deal with an offense that has already been committed or it
may deal with committing an offense and stopping others from doing so. The advocate will
face consequences for professional misconduct if he is aware of, or has reasonable suspicion
that, the information being provided is untrue.

Emperor v. K.C.B. A Pleader vii:

In this case, the advocates falsely claimed that the Municipal authorities had ordered that the
boxes be restored to their rightful owners. As a result, Mr. Bazrang Marwari was found guilty and
faced misconduct proceedings. The Municipal authorities had seized certain boxes of "ghee"
after receiving information that the "ghee" was adulterated. The advocates ordered that the
boxes be kept under the custody or supervision of Mr. Bazrang Marwari.

Advocates Act, 1961

The Bar Council of India is empowered by Section 49 of the Advocates Act to establish guidelines and
regulations pertaining to professional misconduct.1) The Act states that no advocate may promote or
solicit business because doing so would be against the Advocates' code of ethics. It is forbidden to
advertise directly or indirectly. Additionally, he is not permitted to promote through interviews,
circulars, or private correspondence.

It is forbidden for the advocate to use indirect advertisement in the following ways:

 The publication of election manifestos or circulars that include the name, address, and
profession of advocates; this serves as a sort of call to action for members of the same
profession who are currently employed by lower courts to recommend their clients to legal
counsel.

 Sending out his agents or clerks to different districts in the state to speak with advocates
practicing in the lower courts directly.

 Using tours of the province to solicit votes.

 The size of an advocate's nameplate or signboard shouldn't be excessive.

It should also not include any information about the advocate, such as whether he is or was
president of the Bar Council or any other organisation of that kind, or whether or not he has ever
served as an advocate general, a judge, or even just someone with a particular area of expertise.

Additionally, he is not allowed to demand payment for training, which makes it possible for an
aspirant attorney to fulfil the prerequisites for State Bar Council enrolment.

1. He is not permitted to link his name or services to any unofficial activities or goals connected
to the law or any legal agency.

2. In any case where a party has already hired an advocate, he is not permitted to enter
appearance. He may do so after getting the involved advocate's approval. If the advocate's
consent is not presented in court, they must provide a valid explanation for their inability to
do so. He is only permitted to make an appearance later with the court's approval.

Punishment of advocates for misconduct:

(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that
any advocate on its roll has been guilty of professional or other misconduct, it shall refer the
case for disposal to its disciplinary committee.

(2) The State Bar Council may, either of its own motion or on application made to it by any
person interested, withdraw a proceeding pending before its disciplinary committee and
direct the inquiry to be made by any other disciplinary committee of that State Bar Council.]

(3) The disciplinary committee of a State Bar Council 4 *** shall fix a date for the hearing of the
case and shall cause a notice thereof to be given to the advocate concerned and to the
Advocate-General of the State.

(4) The disciplinary committee of a State Bar Council after giving the advocate concerned and
the Advocate-General an opportunity of being heard, may make any of the following orders,
namely:
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the
State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.

(5) Where an advocate is suspended from practice under clause (c) of sub-section (4), he shall,
during the period of suspension, be debarred from practising in any court or before any
authority or person in India.

(6) Where any notice is issued to the Advocate-General under sub-section (3), the Advocate-
General may appear before the disciplinary committee of the State Bar Council either in
person or through any advocate appearing on his behalf.
[Explanation: In this section, [section 37 and section 38], the expressions “Advocate-General”
and “Advocate-General of the State” shall, in relation to the Union territory of Delhi, mean
the Additional Solicitor General of India.]
UNIT 2

DUTIES

Advocacy is a noble profession. It cannot be compared with any other profession like trade, business
etc. because it is a part and parcel of judiciary and administration of justice. Bar and bench are two
eyes of the ‘Justice'. There are judicial ethics and etiquette for judges. There are professional
ethics and etiquette for advocates. Every advocate should follow them in his profession. An advocate
is also a key person in conducting a proceeding before the court. While conducting a proceeding the
advocate should function intelligently. There are several functions entrusted to the advocate. There
are five most important functions. They are:

 Briefing

 Counselling

 Pleadings, drafting and Conveyancing

 Examination, Cross examination, chief examination of witness and

 Arguments.

Beside them, an advocate has to do several functions which are necessary in conducting
proceedings. While carrying out these functions an advocate must act prudently, legally and
cautiously. There are several ethics and etiquette controlling the conduct of the advocates. These
ethics and etiquette impose certain duties upon the advocates.
Every advocate must follow these duties because they are part and parcel of the
professional ethics and etiquette. Whoever fails to oblige them, such an
advocate is said to have committed professional misconduct and be punished
accordingly.
As stated above, the important duties that have to be followed by the advocate are[5]:

1. Advocate's Duty to the Court

2. Advocate's Duty to the Client

3. Advocate's Duty to the Opponent Advocate.

4. Advocate's Duty to the Cross Examination

5. Advocate's Duty to the Colleagues

Duty of Advocates towards the Court

1) Duty to uphold the dignity and decorum of the court: Advocates have a solemn duty to
maintain the dignity and decorum of the court. They must conduct themselves in a manner
that upholds the dignity and respect of the judiciary, and refrain from engaging in any act or
behavior that may undermine the integrity or authority of the court. Advocates are expected
to address the court with respect, use appropriate language, and follow the court’s rules and
procedures.
2) Duty to assist the court in the administration of justice: Advocates have a duty to assist the
court in the administration of justice. They must present their cases honestly, fairly, and with
utmost sincerity. Advocates are officers of the court and have a duty to ensure that justice is
served and that the truth is brought before the court. They must not withhold any material
information from the court or mislead the court in any manner.
3) Duty of confidentiality: Advocates have a duty to maintain the confidentiality of their client’s
information. They must not disclose any confidential information or privilege without their
client’s consent unless required by law. Advocates must protect their client’s interests and
ensure that their client’s information is not divulged to unauthorized persons.
4) Duty to be candid with the court: Advocates have a duty to be candid and forthright with
the court. They must not misrepresent facts, cite false authorities, or present misleading
arguments. Advocates must present their cases honestly and must not engage in any activity
that may undermine the integrity of the legal profession or the administration of justice.
5) Duty to respect the orders of the court: Advocates have a duty to respect and abide by the
orders of the court, whether they agree with them or not. Advocates must comply with the
orders of the court and must not engage in any activity that may obstruct or interfere with
the administration of justice. Disrespecting or disregarding the orders of the court can have
serious consequences, including disciplinary action by the bar council.
 6) Duty to be punctual and prepared: Advocates have a duty to be punctual and prepared for
all court hearings and proceedings. Advocates must arrive in court on time, be fully prepared
with all necessary documents, evidence, and arguments, and be ready to present their case
before the court. Advocates must also be familiar with the relevant laws, rules, and
procedures applicable to their case, and must not cause any delays or adjournments due to
their lack of preparation.
7) Duty of fair and honest advocacy: Advocates have a duty of fair and honest advocacy in
court. Advocates must not knowingly make false statements, suppress material facts, or
mislead the court or opposing parties. Advocates must present their case honestly, fairly, and
in good faith, and must not engage in any conduct that may compromise the integrity of the
judicial process. Advocates must also not indulge in any sharp practice or unethical tactics to
gain an unfair advantage in court.
8) Duty to refrain from criticism of the court: Advocates have a duty to refrain from making
any unwarranted criticism of the court or its officers. Advocates must not make derogatory
remarks, use disrespectful language, or engage in any conduct that may undermine the
dignity or authority of the court. Advocates must always maintain a respectful and
professional demeanour in their interactions with the court, even if they disagree with a
court’s decision or ruling.
9) Duty to comply with court orders and directions: Advocates have a duty to comply with
court orders and directions. Advocates must not defy or obstruct the implementation of
court orders or directions and must take necessary steps to ensure compliance. Advocates
must also not engage in any conduct that may be deemed contumacious or disobedient
towards the court, as it undermines the authority and integrity of the judicial system.
10) Duty to avoid frivolous or vexatious litigation: Advocates have a duty to avoid initiating or
pursuing frivolous or vexatious litigation. Advocates must thoroughly examine the merits of a
case and advise their clients accordingly. Advocates must not file or defend a case that lacks
legal or factual basis or is intended solely to harass or burden the court or the opponent.
11) Duty to appear in proper dress code: An advocate should appear in court at all times only in
the dress prescribed under the Bar Council of India Rules, and his appearance should always
be presentable.
12) Refuse to appear in front of relations: An advocate should not enter an appearance, act,
plead or practice in any way before a judicial authority if the sole or any member of the
bench is related to the advocate as the father, grandfather, son, grandson, uncle, brother,
nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law,
mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law.

Duty of Advocates towards the client

1) Duty of loyalty and commitment: Advocates have a primary duty towards their clients. They
must act in the best interests of their clients and diligently represent their clients’ legal rights
and interests. Advocates must maintain a high level of loyalty, commitment, and
confidentiality towards their clients. They must strive to achieve the objectives of their
client’s cases to the best of their abilities, within the bounds of law and ethics.
2) Duty to provide competent and diligent representation: Advocates have a duty to provide
competent and diligent representation to their clients. They must possess the requisite
knowledge, skill, and expertise to handle the legal matters entrusted to them. Advocates
must stay updated with the developments in the law and diligently prepare and present their
cases in a competent manner. They must also communicate with their clients regularly and
keep them informed about the progress of their cases.
3) Duty of disclosure and informed consent: Advocates have a duty to disclose all relevant
facts to their clients and obtain their informed consent before taking any action on their
behalf. Advocates must provide complete and accurate information to their clients regarding
the legal implications, risks, and possible outcomes of their cases. Clients have the right to be
fully informed about their legal matters and make informed decisions based on the advice
and information provided by their advocates.
4) Duty to avoid conflicts of interest: Advocates have a duty to avoid conflicts of interest
between their clients and themselves or their associates. Advocates must not represent
conflicting interests that may compromise their loyalty, integrity, or objectivity towards their
clients. They must disclose any potential conflicts of interest to their clients and obtain their
informed consent before proceeding with the representation.
5) Duty to maintain professional integrity and independence: Advocates have a duty to
maintain professional integrity and independence. They must not engage in any act that may
compromise their integrity, independence, or impartiality. Advocates must not allow any
undue influence, pressure, or consideration to interfere with their professional judgment or
compromise the interests of justice.
6) Duty to maintain communication and updates: Advocates have a duty to maintain regular
communication and updates with their clients. Advocates must keep their clients informed
about the progress of the case, court dates, developments, and any other relevant
information. Advocates must also promptly respond to their client’s queries, concerns, and
instructions, and not ignore or neglect their clients’ interests.
7) Duty to act in the best interests of the client: Advocates have a primary duty to act in the
best interests of their clients. Advocates must always prioritize their client’s rights, interests,
and instructions, and not compromise their clients’ position for their own personal gain or
interests. Advocates must act with loyalty, sincerity, and professionalism in advancing their
client’s cause. It shall be the duty of an advocate fearlessly to uphold the interests of his
client by all fair and honourable means. An advocate shall do so without considering any
unpleasant consequences to himself or any other. He shall defend a person accused of a
crime regardless of his personal opinion about the guilt of the accused. An advocate should
always remember that his loyalty is to the law, which requires that no man should be
punished without adequate evidence.
8) Not withdraw from service: An advocate should not ordinarily withdraw from serving a
client once he has agreed to serve them. He can withdraw only if he has a sufficient cause
and by giving reasonable and adequate notice to the client. Upon withdrawal, he shall refund
such part of the fee that has not accrued to the client.
9) Not appear in matters where he himself is a witness: An advocate should not accept a brief
or appear in a case in which he himself is a witness. If he has a reason to believe that in due
course of events, he will be a witness, then he should not continue to appear for the client.
He should retire from the case without jeopardizing his client’s interests.
10) Full and frank disclosure to the client: An advocate should, at the commencement of his
engagement and during the continuance thereof, make all such full and frank disclosure to
his client relating to his connection with the parties and any interest in or about the
controversy as are likely to affect his client’s judgement in either engaging him or continuing
the engagement.
11) Not suppress material or evidence: An advocate appearing for the prosecution of a criminal
trial should conduct the proceedings in a manner that does not lead to the conviction of the
innocent. An advocate shall by no means suppress any material or evidence which shall
prove the innocence of the accused.
12) Not disclose the communications between the client and himself: An advocate should not
by any means, directly or indirectly, disclose the communications made by his client to him.
He also shall not disclose the advice given by him in the proceedings. However, he is liable to
disclose if it violates section 126 of the Indian Evidence Act, 1872.
13) An advocate should not act on the instructions of any person other than his client or the
client’s authorised agent: In Raj Kumar Prasad vs State of Arunachal Pradesh, (2006) 2 GLR
597, it was held that it is the duty of an advocate not to act on the instructions of any person
except for his client or any person authorised by his client.
14) Not charge depending on the success of matters: An advocate should not charge for his
services depending on the success of the matter undertaken. He also shall not charge for his
services as a percentage of the amount or property received after the success of the matter.
15) Not receive interest in actionable claim: An advocate should not trade or agree to receive
any share or interest in any actionable claim. Nothing in this rule shall apply to stock, shares,
and debentures of government securities, or to any instruments, which are, for the time
being, by law or custom, negotiable or to any mercantile document of title to goods.
16) Not bid or purchase property arising from a legal proceeding: An advocate should not by
any means bid for or purchase, either in his own name or in any other name, for his own
benefit or for the benefit of any other person, any property sold in any legal proceeding in
which he was in any way professionally engaged. However, it does not prevent an advocate
from bidding for or purchasing for his client any property on behalf of the client, provided
the advocate is expressly authorised in writing on this behalf.
17) Not bid or transfer property arising from legal proceeding: An advocate should not by any
means bid in court auction or acquire by way of sale, gift, exchange or any other mode of
transfer (either in his own name or in any other name for his own benefit or for the benefit
of any other person), any property which is the subject matter of any suit, appeal or other
proceedings in which he is in any way professionally engaged.
18) Not adjust fees against personal liability: An advocate should not adjust the fee payable to
him by his client against his own personal liability to the client, which does not arise in the
course of his employment as an advocate.
19) An advocate should not misuse or take advantage of the confidence reposed in him by his
client: It is the duty of the advocate that they keep all the personal information of the client
that the latter has shared safe and secure. Confidentiality must be protected.
20) Keep proper accounts: An advocate should always keep accounts of the clients’ money
entrusted to him. The accounts should show the amounts received from the client or on his
behalf. The account should show along with the expenses incurred for him and the
deductions made on account of fees with respective dates and all other necessary
particulars.
21) Divert money from accounts: An advocate should mention in his accounts whether any
monies received by him from the client are on account of fees or expenses during the course
of any proceeding or opinion. He shall not divert any part of the amounts received for
expenses as fees without written instruction from the client.
22) Intimate the client on amounts: Where any amount is received or given to him on behalf of
his client, the advocate must, without any delay, intimate the client of the fact of such
receipt.
23) Adjust fees after the termination of proceedings: An advocate shall, after the termination of
proceedings, be at liberty to adjust the fees due to him from the account of the client. The
balance in the account can be the amount paid by the client or an amount that has come in
 that proceeding. Any amount left after the deduction of the fees and expenses from the
account must be returned to the client.
24) Provide a copy of accounts: An advocate must provide the client with a copy of the client’s
account maintained by him on demand, provided that the necessary copying charge is paid.
25) An advocate shall not enter into arrangements whereby funds in his hands are converted
into loans: It means an advocate should not enter into any such arrangements which convert
his funds into loans. He should not lend or leave money to his client.
26) Not lend money to his client: An advocate shall not lend money to his client for the purpose
of any action or legal proceedings in which he is engaged by such a client. An advocate
cannot be held guilty for a breach of this rule, if, in the course of a pending suit or
proceeding, and without any arrangement with the client in respect of the same, the
advocate feels compelled by reason of the rule of the court to make a payment to the court
on account of the client for the progress of the suit or proceeding.
27) Not appear for opposite parties: An advocate who has advised a party in connection with
the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party,
shall not act, appear or plead for the opposite party in the same matter.

Duty of Advocates towards the society

1) Duty to promote access to justice: Advocates have a duty to promote access to justice and
ensure that justice is accessible to all, irrespective of their social, economic, or personal
background. Advocates must not refuse legal representation to any person on the grounds of
discrimination, bias, or prejudice. They must strive to provide legal aid and pro bono services
to the indigent and marginalized sections of society.
2) Duty to promote legal education and awareness: Advocates have a duty to promote legal
education and awareness among the general public. They must strive to educate the public
about their legal rights, obligations, and remedies. Advocates must also contribute to legal
research, writing, and publications to enhance the knowledge and understanding of the law
in society.
3) Duty to uphold the rule of law and social justice: Advocates have a duty to uphold the rule
of law and promote social justice. They must use their legal skills and knowledge to prevent
and redress any violation of human rights, injustice, discrimination, or abuse of
power. Advocates must also strive to eradicate corruption and promote transparency,
accountability, and fairness in the legal system.
4) Duty to uphold the dignity and honour of the legal profession: Advocates have a duty to
uphold the dignity, honour, and integrity of the legal profession. Advocates must maintain
high standards of professional conduct, ethics, and morality. Advocates must not indulge in
any conduct that may bring disrepute to the legal profession or erode public confidence in
the legal system. Advocates must also not engage in any activities that may compromise their
independence, impartiality, or integrity as a legal professional.
5) Duty to promote legal education and professional development: Advocates have a duty to
promote legal education and professional development. Advocates must continuously
update their knowledge, skills, and expertise in the field of law through regular study,
research, and training. Advocates must also share their knowledge and experience with
junior advocates and law students to contribute to the growth and development of the legal
profession. Advocates must actively participate in legal seminars, workshops, and training
programs to enhance their professional competence and stay updated with the latest legal
developments.
 6) Duty to maintain professional conduct and etiquette: Advocates have a duty to maintain
professional conduct and etiquette in their interactions with clients, opponents, judges,
court staff, and other stakeholders in the legal system. Advocates must conduct themselves
with dignity, courtesy, and respect towards all parties involved in a case, irrespective of their
personal opinions or differences. Advocates must also refrain from engaging in any behaviour
that may be deemed unprofessional, unethical, or contemptuous of the court.
7) Duty to avoid misleading or false statements: Advocates have a duty to avoid making
misleading or false statements in the course of their professional practice. Advocates must
not make any false, exaggerated, or misleading claims about their qualifications, experience,
or success rates to attract clients or gain an unfair advantage in a case. Advocates must also
refrain from making any false statements or presenting fabricated evidence in court, as it
undermines the integrity of the legal profession and the justice system.
8) Duty to respect the authority of the court: Advocates have a duty to respect the authority of
the court and uphold the dignity and integrity of the judicial system. Advocates must not
indulge in any behaviour that may undermine the authority of the court or obstruct the
administration of justice. Advocates must comply with the rules, procedures, and orders of
the court, and not engage in any conduct that may be deemed disrespectful, disobedient, or
contemptuous of the court.

Duties of an Advocate towards Colleagues

1) Duty of professional courtesy and cooperation: Advocates have a duty to treat their
colleagues with professional courtesy, respect, and cooperation. They must not engage in
any conduct that may harm the reputation or interests of their colleagues. Advocates must
strive to maintain a cordial and professional relationship with their colleagues and promote a
healthy and harmonious working environment within the legal profession.
2) Duty to report professional misconduct: Advocates have a duty to report any instance of
professional misconduct by their colleagues to the appropriate authorities, such as the Bar
Council or the court. Advocates must not shield or protect their colleagues who engage in
unethical or illegal conduct. Reporting professional misconduct is essential to maintain the
integrity and reputation of the legal profession and uphold the interests of justice.
3) Duty to mentor and guide junior advocates: Advocates who have gained experience and
expertise in the legal profession have a duty to mentor and guide junior advocates. They
must share their knowledge, skills, and experience with junior advocates and help them in
their professional development. Advocates must also strive to maintain a healthy and
respectful relationship with their juniors, providing them with guidance, support, and
constructive feedback.
4) Consent of fellow advocate to appear: An advocate should not appear in any matter where
another advocate has filed a Vakalt or memo for the same party. However, the advocate can
take the consent of the other advocate to appear. In case an advocate is not able to present
the consent of the advocate who has filed the matter for the same party, then he should
apply to the court for appearance. He shall, in such an application, mention the reason why
he could not obtain such consent. He shall appear only after obtaining the permission of the
Court.
5) Avoid advertising: An advocate should not promote, advertise, or solicit work through any
means, such as circulars, touts, or advertisements.
6) Reasonable signboard: An advocate's signboard or nameplate should be of a reasonable
size. It should not indicate the advocate's relation with a particular person or organization.
 7) Avoid unauthorized practice of law: An advocate should not promote the unauthorized
practice of law.
8) Get consent: An advocate should get the consent of fellow advocates before appearing in
their matter.
9) Avoid negotiating directly: An advocate should not directly negotiate with opposing parties.

Advocate's Duty to The Opponent Advocate

An advocate and his opponent are like brothers in the profession but representing the different
interests of different clients. Clients are not permanent they come with the case and leave, once the
case is done but advocates adhere to the court and see each other or meet each other frequently in
the court. If an advocate quarrels with another, they cannot face each other or work together
happily. Their difference and grudge spoil the atmosphere. It also affects their clients. If it creeps to
the court it spoils the administration of justice. In the court, advocate is not the decision maker,
judge is the decision maker.

An advocate must always try to convince the court by the law and precedents. He must be in a
position to defeat his opponent advocate by using law and precedents. For this purpose there must
always healthy competition between an advocate and his opponent. Leaving this highway, if an
advocate starts fighting with his opponent as an ordinary person by using scurrilous language, it does
not help his carrier. Moreover it spoils his clients, and further degrades the court.

Advocates are the part and parcel of the administration of justice. They fight for justice. They
struggle for the welfare and good of their clients. It does not mean that the advocate and the
opponent advocate are enemies with each other. There is a controversy and discrimination on the
issue but not between them. Their conflict ends as soon as they come out of the court premises. If
they quarrel with each other like ordinary persons it affects the bar- bench relations. It may lead to
the groups in the bar.

Finally it badly vitiates the peaceful atmosphere of the court. Every advocate has a right to cross
examination, arguments, verification of documents etc. while doing so he shall not be interrupted
unnecessarily. Like him, the opponent advocate shall enjoy the same right therefore, any advocate
shall not interrupt his opponent in cross examination, arguments unnecessarily. Interruption of the
opponent is improper. This destroys the decorum of the court. It obstructs the ideas of the
opponent. If necessary, an advocate may raise any objection with the permission of judge. No
advocate has the right to prevent a judge following the course of argument of the opposite advocate.

A dispute is submitted before a judge by two parties. Each advocate will definitely work hard to get
the judgement in his favour but it is not possible to a judge to give the judgement in favour of both
the parties. He will give his judgement to anyone of the parties based on the facts of the case. One
party is defeated and another party will win the case. Therefore, each advocate must have a spirit of
a sports man. All advocates are equal before the court.

Duty of fairness and respect towards the opposite party: Advocates have a duty of fairness and
respect towards the opposite party. Advocates must not engage in any conduct that may harass,
intimidate, or bully the opposite party. Advocates must also not indulge in any acts of misconduct,
such as misrepresentation, suppression of evidence, or manipulation of facts, that may prejudice the
rights and interests of the opposite party.

Duty of professional courtesy towards opposite counsel: Advocates have a duty of professional
courtesy towards the opposite counsel. Advocates must treat the opposite counsel with respect,
dignity, and professionalism. They must not engage in any conduct that may undermine the
reputation or interests of the opposite counsel. Advocates must also not make any personal attacks
or use derogatory language against the opposite counsel during court proceedings.

Duty to avoid conflicts of interest with the opponent: Advocates have a duty to avoid conflicts of
interest with the opponent. Advocates must not represent conflicting interests that may compromise
their ability to provide unbiased and effective representation to their clients. Advocates must also
not engage in any activities that may be deemed as collusive or unethical, which may result in a
compromise of the opponent’s rights or interests.

Conclusion

Advocacy is a noble profession that plays a crucial role in the administration of justice. Advocates, as
officers of the court, have certain duties and responsibilities towards the court, their clients,
opposing counsel, and the Bar Council. The duties of an advocate are enshrined in the Advocates Act,
1961, and the Bar Council of India Rules, and advocates are expected to uphold them with the
utmost professionalism and integrity

BAR AND BENCH

Introduction

Bar – Lawyers become registered advocates after completing their L.L.B. degree from a university
and undergoing specific training supervised by another advocate, as per the rules. Collectively, these
 lawyers are known as the ‘Bar,’ and an advocate represents the Bar. In most cases, the term “Bar”
refers to a group of licensed attorneys who practice in the courts of a state or a specific court.

Bench – The term “bench” refers to all the judges collectively, in contrast to the term “Bar,” which
encompasses all legal professionals. It also refers to the official part of the court when judges are in
session. Originally, the term ‘Bar’ referred to the section of the court related to attorneys, but now it
refers to the part of the court dealing with judicial officers, known as the Bench.

What is Bar Bench Relations?

Bar Bench relations refer to the dynamic interaction and cooperation between lawyers (the Bar) and
judges (the Bench) within the legal system. This relationship is fundamental to the administration of
justice. Lawyers represent their clients’ interests in court, while judges make impartial decisions
based on the law. Maintaining a respectful and collaborative partnership between the Bar and the
Bench is crucial for the effective functioning of the legal system.

It ensures that cases are heard fairly, legal principles are upheld and justice is served.
Communication, professionalism and mutual respect are key elements in fostering a strong Bar
Bench relationship, which ultimately benefits the legal profession and the individuals seeking justice.

Difference Between Bar and Bench

The difference between Bar and Bench in the legal context is fundamental to the administration of
justice.

While the Bar influences case presentation and argues on behalf of clients, the Bench holds the
ultimate authority to determine case outcomes and uphold the rule of law.

These differences emphasise their complementary roles within the legal system, with the Bar
advocating for parties and the Bench overseeing the delivery of justice.

Aspect Bar Bench

Definition The collective term for lawyers Refers to the group of judges

Role Advocates who represent clients Judges who preside over cases

Function Present cases, argue and defend Hear cases, make legal decisions

Advocacy Advocate for clients’ interests Impartial decision-making

Qualifications Legal education and bar admission Legal education and appointment

Independence Represent clients’ interests Impartially apply the law

Engagement in Advocacy Active in litigation and trials Passive, observing arguments

Professional Conduct Governed by legal ethics Governed by judicial conduct

Influence on Outcomes Influence case presentation Determine case outcomes

Court Appearance Appear in court as representatives Preside over court proceedings

Legal Practice Engage in legal practice Administer legal proceedings

Relation to Parties Advocates for parties’ interests Remains neutral and unbiased

Decision-Making Power Limited to persuasion and argument Holds the authority to make decisions

Legal Authority No decision-making power Decision-making authority

These differences highlight the contrasting roles and responsibilities of the Bar and the Bench in the
legal system, with the Bar advocating for clients and the Bench ensuring the impartial application of
the law and making legal decisions.

Bar Bench Relations in Professional Ethics: An Overview

Any attempt by an advocate to discredit the court undermines the very foundations of justice and
tarnishes the entire justice system. Advocates are expected to show consistent respect for the court,
regardless of the court’s status. They must refrain from displaying personal bias against judges as
they are entrusted with the responsibility of upholding the judiciary’s professionalism and respect.

Conversely, it is the duty of the judiciary not only to be respectful toward members of the Bar but
also to uphold the high standards of the legal profession.

Contempt of court can be imposed on lawyers or judges for disrespectful or improper behaviour.
Contempt of court can be categorised as civil or criminal, encompassing actions such as using
derogatory language against a judge, questioning their authority or making unfounded accusations.
Such actions can result in contempt proceedings against the offending party.

Importance of Bar Bench Relations

The significance of the Bar and Bench relationship was highlighted in the case of P.D. Gupta v. Ram
Murthi and others (1997), which explored how this relationship influences the administration of
justice.
In this case, a dispute arose over the property left by Shri Kishan Dass after his passing. Various
individuals claimed rights to the property, including one claiming to be his sister, one claiming to be
an heir and others. Vidyawati, the advocate for one of the claimants, purchased the disputed
property, knowing it was subject to a legal dispute. Subsequently, she profited by selling the property
to a third party.

A complaint was filed against the lawyer with the Delhi Bar Council, resulting in her suspension. Due
to the disciplinary committee’s inability to resolve the complaint within a year, the case was
transferred to the Bar Council of India, as mandated by Section 36-B of the Advocates Act, which
requires complaints to be resolved within a year. The Bar Council of India’s disciplinary
committee conducted a trial, found the advocate guilty of professional misconduct and suspended
her from practicing law for one year.

Role of the Bar in Strengthening the Bar Bench Relations

Advocates are considered officers of the court and their primary duty is to assist the court in the fair
administration of justice. They do so by gathering relevant resources and presenting them in court to
help the court make informed decisions. Advocates work in partnership with the judiciary to ensure
the proper dispensation of justice. Their role is significant in the administration of justice and to
maintain a harmonious bar bench relation, advocates should follow these guidelines:

 Respect for Judges: Advocates should show respect and reverence for judges, refraining
from any form of disparagement or criticism of the judiciary.

 Assist Judges: During court hearings, advocates should assist judges by accurately and clearly
conveying the relevant legal principles. They should conduct themselves in a manner that
pleases the judges and aids in the smooth conduct of proceedings.

 Handling Judicial Errors: If advocates believe there is an error in a judge’s decision, they
should not criticise the judge openly. Instead, they should follow proper legal procedures,
such as filing an appeal, to address and rectify any perceived mistakes.

 Avoid Manipulation: Advocates should not exert undue pressure or attempt to control
judges to obtain favourable orders. They must refrain from using illegal or inappropriate
means to influence court decisions.

 Addressing Disrespect: If a judge’s conduct is perceived as disrespectful or annoying to

advocates, they should avoid engaging in confrontational discussions in the courtroom.
Instead, any issues should be addressed privately, such as in the judge’s chambers and the
Bar Association can make a formal request for respectful behaviour.

 Prevent Unfair Practices: Advocates have a responsibility to guide and discourage their
clients from engaging in unfair or unethical practices in court proceedings.

 By adhering to these principles, advocates contribute to the preservation and strengthening

of the relation between Bar and Bench, ultimately enhancing the administration of justice.

Role of the Bench in Strengthening the Bar Bench Relations

A judge, as a public official responsible for hearing and deciding legal cases, holds significant
authority within the legal system. To foster a strong and respectful bar bench relationship, judges are
encouraged to follow these principles:
  Mutual Respect: Just as advocates show respect to judges, judges should also respect
advocates. Maintaining mutual respect is crucial for a healthy working relationship between
bar and bench.

 Open-Mindedness: Judges should approach each case with an open mind, free from bias or
prejudice. Their actions should serve the interests of justice and they should provide
advocates ample time to present their cases.

 Impartiality: Judges must act impartially, refraining from favouring any party involved in the
dispute. Their decisions should be solely based on the merits of the case and the applicable
law.

 Minimal Intervention: Judges should avoid unnecessary interference with lawyers’

interactions with witnesses and their arguments. Excessive intrusion or disparagement can
harm a lawyer’s professional reputation and hinder effective case presentation.

 Clarity in Legal Interpretation: When interpreting complex legal rules, documents or

statutes, judges should provide clear explanations to ensure justice for all parties involved.

 Adjournments: Judges should grant adjournments sparingly and only when reasonable and
appropriate grounds exist. Excessive delays can contribute to backlogs in the court system
and financial hardships for parties involved.

 Timely Disposition: Cases should be resolved promptly and older cases should not take
precedence over newer ones. The principle of “justice deferred is justice denied” should be
upheld.

 Respectful Conduct: Judges should refrain from making unwarranted public remarks about a
lawyer’s competence in open court. They should not ask lawyers to leave the trial or bar
them from future appearances without compelling reasons.

 Legal Knowledge: Judges should possess a deep understanding of the law, apply it to the
evidence presented and reach well-reasoned conclusions.

 Judicial Independence: Upholding and preserving judicial independence is a foremost duty

of judges, ensuring impartial decision-making.

 Moral Responsibility and Honesty: Judges should be held to the highest standards of moral
responsibility and honesty, commanding respect in both their personal and intellectual
capacities.

 Continuous Learning: Judges should engage in regular and comprehensive research to stay
current with legal developments, statutes and changes in the law.

 Communication: Regular briefings and meetings between judges and advocates should be
scheduled to facilitate discussion and resolution of issues, strengthening the relationship
between Bar and Bench.

 By following these principles, judges contribute to a productive and respectful relationship

with advocates and ensure the fair administration of justice in the legal system.

Conclusion
The Bar Bench relationship lies at the heart of a robust and effective legal system. This intricate
interplay between advocates and judges is not merely a professional collaboration but a cornerstone
of justice itself. Mutual respect, open communication and adherence to professional standards are
the pillars on which this bench and bar relationship must stand.

The Bar, with its dedication to representing clients zealously, complements the Bench’s responsibility
to administer justice impartially. The synergy between these two entities ensures that the rule of law
prevails and individual rights are protected.

As the legal landscape evolves, nurturing a healthy Bar Bench relationship remains paramount. It is
through this collaboration that we uphold the principles of justice, fairness and the rule of law. In
fostering this partnership, we not only fortify the legal profession but also reaffirm our commitment
to a just and equitable society.

Conflicts between the bar and the bench can arise due to various factors. Here are 10 potential
causes:

1. Perceived Judicial Bias: Lawyers may feel that judges are biased or unfair, which can lead to
tensions over perceived partiality in rulings or courtroom behavior.

Illustration: A lawyer argues that the judge consistently rules in favor of one party, citing
multiple instances where similar objections were overruled for their side but sustained for
the opposing side.

2. Professional Misconduct: Judges might criticize or penalize lawyers for unprofessional

behavior, such as tardiness, lack of preparation, or disrespectful conduct, causing friction.

Illustration: A judge admonishes a lawyer in open court for showing up late multiple times,
leading to a heated exchange about the lawyer's workload and professional courtesy.

3. Disagreement Over Legal Interpretation: Differences in the interpretation or application of

laws can lead to disputes, especially if lawyers feel a judge is misinterpreting statutes or
precedent.

Illustration: During oral arguments, a lawyer cites a recent precedent, but the judge
dismisses it, stating that the case is not binding, prompting the lawyer to argue otherwise.

4. Case Management Disputes: Lawyers might feel that judges are unduly rushing cases,
refusing adjournments, or imposing unfair deadlines, leading to conflict.

Illustration: A judge denies a lawyer’s request for an adjournment despite their valid reason,
such as a medical emergency, causing the lawyer to express frustration about unfair
scheduling pressures.

5. Criticism of Advocacy: Judges might openly criticize lawyers' arguments, strategies, or

competence during proceedings, which can strain relations.

Illustration: A judge interrupts a lawyer's closing argument, labeling it "unprofessional

rhetoric," and the lawyer retorts, accusing the judge of undermining their advocacy.

6. Ethical Concerns: Lawyers may raise concerns about a judge’s ethics, such as conflicts of
interest, favoritism, or inappropriate conduct, leading to tensions.
 Illustration: A lawyer files a motion to recuse a judge, alleging the judge has personal ties to
one of the parties, sparking accusations of disrespect for the judiciary.

7. Access and Privilege: Disputes over access to the court or the perceived granting of
preferential treatment to certain lawyers or parties can create conflict.

Illustration: Lawyers accuse a judge of favoritism after observing that one law firm is
frequently allowed to present arguments beyond the allocated time while others are strictly
limited.

8. Public Criticism: Either party publicly criticizing the other—lawyers criticizing judges or vice
versa—can damage professional respect and relationships.

Illustration: A lawyer publishes an article criticizing a judge’s conduct in a high-profile case,

and the judge responds by questioning the lawyer’s professionalism in a public forum.

9. Judicial Overreach: Lawyers may feel that judges are exceeding their authority by
micromanaging case details or interfering in matters typically within the lawyer’s discretion.

Illustration: A judge orders a lawyer to amend their pleadings in a way that the lawyer
believes interferes with their strategic discretion, leading to a formal protest in court.

10. Disparities in Power Dynamics: Lawyers might perceive that judges use their position to
assert undue control over courtroom proceedings, diminishing the lawyer's role in
advocating for their client.

Illustration: A senior judge reprimands a junior lawyer for not addressing them with
sufficient deference, prompting the lawyer to argue that the focus should be on the case, not
courtroom formalities.

Addressing these issues often requires mutual respect, clear communication, and adherence to
professional codes of conduct.

Professional ethics

Professional ethics are principles that guide how people and groups behave in a business
setting. They are similar to values and provide rules for how to act towards others and institutions.

Some examples of professional ethics include:

 Honesty: Being straightforward and honest in all professional and business relationships

 Confidentiality: Respecting and protecting personal records, and ensuring they are not
disclosed to unauthorized people

 Accountability: Taking ownership of actions, and ensuring obligations are fulfilled

 Loyalty: Being loyal to the organization

 Transparency: Being transparent in your actions

 Objectivity: Being objective in your actions

 Respect: Respecting others

 Obedience to the law: Following the law

Professional ethics are important for maintaining integrity and accountability, and for fostering trust
and enhancing reputation.

https://lawbhoomi.com/what-is-professional-ethics-in-law/

Conflict between interest and duty

https://lawbhoomi.com/conflict-between-interest-and-duty-a-legal-perspective/

Admission and Enrolment of Advocates

https://lawbhoomi.com/admission-and-enrolment-of-advocates-in-india/

Bar Council of India

Introduction

The Bar Councils of India were established under the Advocates Act, 1961 based on the
recommendations of the All India Bar Committee. These councils operate at both the national and
state levels. The State Bar Councils were established under Section 3 of the Act.

The Bar Council of India is a legally mandated organisation formed under the Advocates Act, 1961.
The act also mentions the powers and functions of the Bar Council of India.

Its primary purpose is to oversee and regulate legal practice and education in India. In addition, it
administers the All India Bar Examination (AIBE) annually, which serves as a selection process for
individuals seeking to practice law in the country’s courts.

The Bar Council also fulfils the role of regulatory authority by establishing guidelines for professional
conduct and etiquette within the Indian legal community. Its main objective is safeguarding the
rights, interests, and privileges of advocates throughout India.

The Bar Council of India operates as a statutory and regulatory body established by the Advocates
Act, 1961, with responsibilities encompassing the legal profession and education in the country. It
also serves as the representative organisation for the legal community in India.

Composition

According to section 4 of the Advocates Act 1961:

(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar
Council of India which shall consist of the following members, namely:

(a) the Attorney-General of India, ex officio;

(b) the Solicitor-General of India, ex officio;

(c) one member elected by each State Bar Council from amongst its members.

There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in
such manner as may be prescribed.

A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately
before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such
commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:
Provided that every such person shall continue to carry on the duties of his office until the Chairman
or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the
commencement of the Advocates (Amendment) Act, 1977 assumes charges of the office.

Qualifications

No person shall be eligible for being elected as a member of the Bar Council of India unless he
possesses the qualifications specified below:

Nearly as possible one-half of such elected members shall, subject to any rules that may be made in
this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on
a State roll, and in computing the said period of ten years in relation to any such person, there shall
be included any period during which the person has been an advocate enrolled under the Indian Bar
Councils Act, 1926.

Term

The term of office of a member of the Bar Council of India elected by the State Bar Council shall,

(i) in the case of a member of a State Bar Council who holds office ex officio, be two
years from the date of his election [or till he ceases to be a member of the State
Bar Council, whichever is earlier. and
(ii) (ii) in any other case, be for the period for which he holds office as a member of
the State Bar Council

Provided that every such member shall continue to hold office as a member of the Bar Council of
India until his successor is elected.

Bar Council to be body corporate [5]

Every Bar Council shall be a body corporate having

 perpetual succession and

 a common seal,
 with power to acquire and hold property, both movable and immovable, and
 to contract, and
 may by the name by which it is known sue and be sued.

Powers of the Bar Council of India

The powers of the Bar Council of India are:

1. Admission as an Advocate

According to Section 20 of the Advocate Act, any advocate who had the right to practice in the
Supreme Court before the appointed day but was not listed in any state roll can express their
intention to the Bar Council.

They must do this within the prescribed time and using the prescribed form. Upon receiving the
application, the Bar Council of India will direct the respective state Bar Council to enter the
advocate’s name in the state roll without a fee.

2. Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council must send an authenticated
copy of the advocate role, prepared for the first time under this Act, to the Bar Council of India.
Furthermore, any alterations or additions made to the roll must be promptly communicated to the
Bar Council of India.

3. Transfer of Name

Section 18 of the Advocate Act deals with transferring an advocate’s name from one State Bar
Council role to another. If an advocate wishes to transfer their name, they must apply to the Bar
Council of India.

Upon receiving the application, the Bar Council of India will direct the removal of the advocate’s
name from the first State Bar Council’s roll and its entry into the roll of the other State Bar Council.
No fee is required for this transfer.

4. Appointment of Committees and Staff Members

Section 9 empowers the Bar Council of India to appoint disciplinary committees, legal aid
committees, executive committees, legal education committees, and other necessary committees.

Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members as
necessary. The secretary and accountant must possess the required qualifications. Having a secretary
is mandatory for the Bar Council.

5. Maintenance of Accounts

Under Section 12, the Bar Council of India must maintain books of accounts and other relevant books
in a prescribed format. Qualified auditors, similar to the auditing of company accounts, must audit
these accounts.

The Bar Council of India is also responsible for sending a copy of its accounts and the auditors’ report
to the Central Government. Furthermore, these accounts are published in the Gazette of India.

6. Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate Act. These rules can cover
various aspects such as the election of Bar Council members, the chairman and vice-chairman,
dispute resolution, filling of vacancies, powers and duties of the chairman and vice-chairman,
organisation of legal aid, meetings and conduct of the business of committees, and management and
investment of funds of the Bar Council.

7. General Power and Punishment for Misconduct

Section 49 of the Advocate Act grants the Bar Council of India general power to make rules for
discharging its functions under the Act. Additionally, Section 36 empowers the Bar Council to punish
advocates for professional or other misconduct. The Bar Council of India can suspend advocates from
practice, remove their names from the state roll, dismiss complaints, or issue reprimands as it deems
fit.

8. Appellate Power

Section 37 gives the Bar Council of India authority to hear appeals against the orders of disciplinary
committees. The disciplinary committee of the Bar Council of India must hear any appeal.
Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60 days.

9. Other Powers and Functions

Apart from the aforementioned points, the Bar Council of India has additional powers and functions.

These include:

 providing financial assistance to State Bar Councils that require funds to perform their
functions,

 preventing citizens of specified countries from practising law in India if those countries
prevent Indian citizens from practising law there,

 reviewing the legality and propriety of proceedings conducted by State Bar Councils or their
committees,

 giving its orders except in matters handled by the disciplinary committee, and

 providing directions to State Bar Councils or their committees to ensure the proper and
efficient discharge of their functions.

Functions of the Bar Council of India

The functions of the Bar Council of India are:

Statutory Functions of the Bar Council of India

The Bar Council of India has various statutory functions outlined in Section 7 of the Advocates Act,
1961:

1. Standards of Professional Conduct: It lays down the standards of professional conduct and
etiquette for advocates.

2. Disciplinary Procedure: It establishes the procedure to be followed by its disciplinary committee

and the disciplinary committees of each State Bar Council.

3. Advocates’ Rights and Interests: It safeguards advocates’ rights, privileges, and interests.

4. Law Reform: It promotes and supports law reform initiatives.

5. Handling Referred Matters: It deals with and resolves matters referred to by State Bar Councils.

6. Legal Education: It promotes legal education and sets standards for legal education in consultation
with universities and State Bar Councils. It also visits and inspects universities or directs State Bar
Councils to do so.

7. Recognising Qualifications: It recognises universities whose law degrees qualify for enrollment as
an advocate. Foreign qualifications in law obtained outside India may also be recognised reciprocally.

8. Seminars and Publications: It organises seminars and talks on legal topics by eminent jurists and
publishes journals and papers of legal interest.

9. Legal Aid: It organises legal aid for the underprivileged.

10. Management of Funds: It manages and invests the funds of the Bar Council.
11. Election of Members: It provides for the election of members who will run the Bar Councils.

Establishment of Funds

The Bar Council of India can establish one or more funds according to prescribed procedures. These
funds may be used to organise welfare schemes, provide legal aid or advice, and establish law
libraries. The Bar Council can receive grants, donations, gifts, or benefactions for these purposes.

Membership in International Legal Bodies

Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India may become a member of
international legal bodies like the International Bar Association or International Legal Aid Association.
It can contribute funds and authorise participation in international legal conferences or seminars.

Prohibition of Strikes and Boycotts

The Bar Council of India must uphold professional conduct and etiquette for advocates. It is illegal
and void for the Bar Council to pass resolutions instructing advocates not to participate in legal aid
programs or disrupt court proceedings.

Advocates who participate in strikes or boycotts can face disciplinary action by the concerned State
Bar Council. Advocates are obligated to ignore calls for strikes or boycotts.

Case: Raveendranath Naik v. Bar Council of India

In the case of Raveendranath Naik v. Bar Council of India, the court declared the resolution of
the Bar Council of India against participating in legal aid programs as illegal and void.

Case: Ex-Captain Harish Uppal v. Union of India

In the case of Ex-Captain Harish Uppal v. Union of India, the court emphasised that the Bar Council of
India should not paralyse the functioning of courts. Instead, it should focus on setting professional
standards and preventing strikes or boycotts.

Conclusion

The Bar Council of India, established by Parliament, is a statutory body tasked with regulating and
representing the Indian legal profession. It oversees professional conduct, sets standards for
legal education, and grants recognition to universities whose law degrees qualify for advocate
enrollment. Additionally, it exercises disciplinary authority over advocates.

State Bar Council

Introduction

Composition