SAMPLE QUESTION PAPER 2016-17

CBSE CLASS XII

LEGAL STUDIES

Max. Marks: 100, Time Allowed: 3 hours

General Instructions:

All questions are compulsory.

Questions from 1 – 8 are MCQs of 1 mark each.
Questions from 9 – 14 are of 2 marks each. The answers to these questions should not
exceed 40 words each.
Questions from 15 – 20 are of 4 marks each. The answers to these questions should
not exceed 100 words each.
Questions from 21 – 24 are of 5 marks each. The answers to these questions should
not exceed 150 words each.
Questions from 25 – 30 are of 6 marks each. The answers to these questions should
not exceed 200 words each.

1. The age of retirement of a District Court Judge is determined by (1)

a) The President of India

b) Chief Justice of High Court of that state
c) Their respective state governments
d) The Chief Justice of India

Ans. c) Their respective state governments

2. Rakesh plans a get together of friends at his home. Ravi, one of his friends, promised
to make a special dish for the guests. On the day of get together Ravi did not come nor
did he arrange for the dish. Since it was the only starter planned in the menu, Rakesh
had to face embarrassment. He sues Ravi for the breach of contract. Will Rakesh
succeed in his action? (1)

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a) Rakesh will succeed because Ravi failed to keep his promise.
b) Rakesh will succeed because his reputation was affected due to of negligent behaviour of
Ravi.
c) Rakesh will not succeed because there is no consideration for Ravi to keep his promise.
d) Rakesh will not succeed because Court doesn’t entertain such petty issues.

Ans. c) Rakesh will not succeed because there is no consideration for Ravi to keep his
promise.

3. Puja gave possession of her residential property to Aarna for some period of time for
money. What type of relationship exists between Puja and Aarna? (1)

a) Donor and Donee

b) Seller and Buyer
c) Lessor and Leasee
d) Lessor and Sub-lessee

Ans. d) Lessor and Sub-lessee

4. Vikas, a 16-year-old offer to sell their plot in NOIDA to Arshad (aged 24) for Rs. 10
lacs. Vikas took an advance of Rs. 1 lac from Arshad. Vikas’s father was annoyed with
him at the transaction and did not allow the transfer. Arshad brought a suit for specific
performance against Vikas. Will he succeed? (1)

a) Arshad will succeed as Vikas entered into the contract with his own free will
b) Arshad will succeed as there is consideration and it is valid
c) Arshad will not succeed as Vikas’s father did not approve the transfer
d) Arshad will not succeed as Vikas does have the capacity to contract

Ans. d) Arshad will not succeed as Vikas does have the capacity to contract

5. Identify the correct pairs: (1)

A B

Maneka Gandhi v. Union of The right to life or liberty could be violated

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 a. India i. only by a fair, just and reasonable procedure.

representative suits, election disputes,

M.H. Hoskot v. State of criminal offenses, case against specific classes
b. ii.
Maharashtra of persons (minors, mentally challenged) have
been excluded from the scope of mediation.

Konkan Railways Corp. Ltd.

The Arbitration and Conciliation Act, 1996
v. Mehul
c. iii. should be interpreted and applied, keeping the
Construction Co. (2000) 7
commercial sense of the dispute in mind
SCC 201).

Judicial justice, with procedural intricacies,

Afcons Infrastructure Ltd. legal submissions and critical examination of
v. Cherian Varkey evidence, leans upon professional expertise; a
d. iv.
Construction failure of equal justice under the law is on the
Co. (P) Ltd., cards where such supportive skills is absent
for one side.

a) a-ii, b-i, c-iv, d-iii

b) a-i, b-iv, c-iii, d-ii

c) a-iv, b-i, c-ii, d-iii

d) a-iii, b-ii, c-iii, d-iv

Ans. b) a-i, b-iv, c-iii, d-ii

6. Article 24 prohibits employment of children below the age of ---- years in factories,
mining, and other hazardous employment. (1)

a) Eleven

b) Twelve

c) Thirteen

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d) Fourteen

Ans. d) Fourteen

7. Article 39A of the Constitution - inserted by the 42nd Amendment Act in 1976
provided for (1)

a) Free Legal Aid

b) Dispute resolution through Administrative Tribunal

c) Permanent lok adalats for disputes regarding Public Utility Services

d) Establishment of National Legal Services Authority.

Ans. b) Dispute resolution through Administrative Tribunal

8. Which among the following can be a reasonable restriction? (1)

a) Restrictions on the sale of a book because of protests

b) Not allowing use of loudspeakers for religious purposes

c) Restriction on sacrifice of animals for religious purpose

d) State recognized or State aided educational institutions cannot force any student to take
part in any religious instruction

Ans. b) Not allowing use of loudspeakers for religious purposes

9. Arjun sees an expensive pen belonging to Ajitesh lying on a desk in school. Greed
crept into Arjun’s mind and he hid the pen on the classroom cupboard after wrapping it
in a piece of paper. His intention was to take the pen home when the loss was forgotten.
Stating the provisions of Section 378 of IPC, decide whether Arjun is guilty of theft or
not? (2)

Ans. No, He is not liable for theft.

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A crime of theft is committed if someone intends to take someone else's property and indeed
takes that property without the other person's consent. Mere intention to commit theft is not
enough.

10. In context with provisions of the death penalty as stated in the Indian Penal Code,
explain how it justifies the application of ‘procedure established by law’ as stated in
Article 21 of the constitution. (2)

Ans. 1) This involves established procedures like, 1) death penalty is awarded only in 'rarest
of rare' cases, and

2) there should not be delay in executing the prisoner waiting in death row. Also, Indian
Penal Code allows for appeal where the wait period is longer than five years.

11. State the procedure to lodge a complaint with the National Human Rights
commission. (2)

Ans. i. Any one aggrieved of human rights violation or their representatives can lodge a
complaint with the Commission in any language.

ii. The complaint can be filed online at or by paper petition using the complaint format
provided on the website.

iii. The complaint can be sent either by Post or Fax or through E-mail.

iv. The complaint must be filed within a year of the occurrence of the human rights violation.

12. Explain the provisions of the most authoritative source of the international law? (2)

Ans. The most authoritative source of international law is Article 38(1) of the Statute of the
International Court of Justice, which provides that when a court which deals with disputes
relating to international law, it shall apply:

"International conventions, whether general or particular, establishing rules expressly

recognized by the contesting states,

a) International custom, as evidence of general practice accepted by law

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b) The general principles of law recognized by civilized nations

c) Subject to provisions of Article 59, judicial decisions and teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the determination
of rules of international law”.

13. What changes did the Legal Services Authorities (Amendment) Act,2012 bring in the
existing Legal Services Act,1987? (2)

Ans. The purpose of this amendment is to bring out certain changes in the Legal Services Act,
1987 especially for the establishment of permanent Lok Adalats to settle disputes concerning
public utility services at pre-litigation state.

14. Why was the the post of ‘UN High Commissioner for Human Rights’ created by The
Vienna Declaration and Programme of Action (1993)? (2)

Ans. The Vienna Declaration and Programme of Action (1993). This led to the creation of the
post of the UN High Commissioner for Human rights who would principally be responsible
for UN human rights activities. The High Commissioner can make recommendations to other
UN bodies and can also coordinate between them.

15. “The independent status of judiciary and roles to be performed by it can be

understood as two sides of the same coin”. Explain the reasons for granting a special
status to judiciary in this context. (4)

Ans. Firstly, Judiciary's independence is linked to its role as the watch-dog in a democracy. It
monitors and maintains the checks and balances over the other arms of the government.
Thus, judiciary emerges as a mediator when any organ of the government exercises 'excess
power' which tends to violate the larger societal or individual interest.

Second, in-order to ensure that constitutionally guaranteed freedoms such as freedom to

speak in public or peacefully assemble, are interpreted as per the true constitutional
philosophy, judiciary has been kept free from any external pressures.

Third, Judiciary acts as a guardian of fundamental rights which are constitutionally granted

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to every citizen in India. Independence of judiciary was carved out during the formation of
Indian Constitution as India was transitioning from a feudal to a democratic order.

Fourth, In the domain of criminal law as well, independence of judiciary is linked to the
granting of a fair trial to the accused. This becomes extremely important even when the
accused are foreign nationals or persons who have committed crimes against the state.

e.g. terrorists.

16. Define a 'Lok Adalat'? Which method of adjudication is followed by the Lok Adalat?
Why should the concept of lok adalats be promoted? State any two values that it fosters
in judicial system. (4)

Ans. a. The institution of Lok Adalat in India, as the very name suggests, means, People's
Court."Lok" stands for "people" and the term "Adalat" means court.

b. mediation, negotiation or through arbitral process

c. The evolution of movement called Lok Adalat was a part of the strategy to relieve heavy
burden on the Courts with pending cases and to give relief to the litigants who were in a
queue to get justice. Values: fairness, voluntariness, neighbourliness, transparency,
efficiency and lack of animosity.

17. What are ‘fundamental duties’ as stipulated in the Constitution of India? State its
salient features. (4)

Ans. Part IV(A) – Article 51A of the Constitution prescribes fundamental duties of every
citizen. In that, certain conduct and behavior are expected of the citizens. The salient
features of fundamental duties are given below.

The fundamental duties cannot be enforced in a court of law for violation of the
duties, and no one can be punished for the violation.
Fundamental duties contain standards to be followed by the citizens.
They remind citizens not to behave irresponsibly but help building a free, democratic
and strong society.

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18. Explain the main provisions of “The Advocates Act, 1961” in reference to the
following points: (4)

i. Categories of practitioners

ii. Eligibility criterion for enrolment as an advocate.

Ans. i. The Act recognizes only one class of practitioners, that is, Advocates. An Advocate on
the State Rolls is entitled to practice as of right before any tribunal, or authority of India, or
any court including the Supreme Court. Advocates have been classified as Senior Advocates
and other Advocates. The designation of an Advocate as a Senior Advocate is the
responsibility of the Supreme Court or High Court based on the ability, experience and
standing in the Bar of the Advocate in question. In 1977, the provisions relating to dual
system (Advocates and Attorneys) in the Bombay and Calcutta High Courts were deleted. Any
advocate enrolled in the State Rolls is entitled to practice in the Supreme Court. The
Advocate- on- Record (AOR) is another category of Advocate in the Supreme Court. To be able
to become an Advocate on Record, an advocate must practice as an advocate for four years,
train with a senior AOR for one year, then appear for an examination conducted by the
Supreme Court. An AOR must also have an office in Delhi within 16kms from the Court and
must appoint a registered clerk.

ii. In order to be eligible for enrolment, an Advocate must be: a citizen of India, atleast 21
years of age and must have an LLB degree from an Indian University. A foreign national may
be enrolled on a reciprocal basis with the country of his citizenship, and his foreign degree
may be recognized by the Council for the purpose. In the absence of such reciprocity, foreign
nationals cannot practice law in India. The Council has released a list of foreign degrees that
it recognizes.

There is an additional requirement of an All India Bar Examination since 2010, which
Advocates must clear in order to be able to start practice.

19. What is ‘Doctrine of Election’ and ‘Doctrine of Lis Pendence’ in the law of property?
How do these two affect the validity of a transfer of a property?

Ans. According to the principle of Doctrine of Election [Section 35 of the TPA], a party to the
transfer cannot accept as well as reject in a single transaction. In other words, while claiming

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advantage of an instrument, the burden of the instrument should also be accepted. If a
person to the transfer gets two selections (a benefit and a burden), then he has to accept both
the benefit and the burden or none. He cannot accept the benefit and reject the burden in a
single transaction. Affect: No right to coice. Either accept full or reject full. The Doctrine of lis
pendens emerged from the Latin maxim 'ut lite pendent nihil innoveteur' meaning 'nothing
new should be introduced in a pending litigation'. When a suit or litigation is pending on an
immovable property, then that immovable property cannot be transferred. Affect: possession
cannot be transferred;

20. Why is the ‘Keshavanada Bharathi vs State of Kerela case is regarded as a Basic
Structure case in the history of Indian Judiciary? Explain the impact of this decision on
the working of the Constitution of India. (4)

Ans. Keshvananda Bharathi case gave the doctrine of ‘Basic Structure’ and limited the power
of the legislature to amend the constitution.

21. Identify the legislation which proscribes the acts of bribery and corruption by the
public-servants. State its composition and write down the scope of its application. (5)

Ans. Lokpal and Lokayukta were given formal recognition by the passing of The Lokpal and
Lokayukta Act, 2013. The Act applies to the public servants in and outside India. It is
important to note that the Act includes in its purview even the current and ex-prime
ministers of India except in matters pertaining to international relations, external and
internal security, public order, atomic energy and space. According to the Act, the Lokpal
shall consist of:

A chairperson who has been a Chief Justice of India or is or has been a Judge of the
Supreme Court or is an eminent judicial member of impeccable integrity and
outstanding ability having special knowledge and expertise of not less than 25 years
in matters relating to anti-corruption policy, public administration, vigilance or
finance.
Further, the total members of Lokpal shall not exceed 8, out of whom 50% shall be
Judicial Members. Besides the Prime Minister, it brings within its purview any person
who is or has been a Minister of the Union and any person who is or has been a

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 Member of either House of Parliament. The Lokpal shall not inquire into any matter
involved in, or arising from, or connected with, any such allegation of corruption
against any Member of either House of Parliament in respect of anything said or a
vote given by him/her in Parliament or any committee thereof covered under the
provisions contained in clause (2) of Article 105 of the Constitution.

22. A. State the ‘Principle of Equality’ as given under the Article 14 of the Constitution.
Which of the following abides by this principle and how? (5)

i. The Prohibition of Child Marriage Act 2006 prescribes the marriage age of girl as 18
years and that of boy as 21 years.

ii. The marriage between two parties can be disallowed based on the classification of
religion, race, caste, sex or place of birth.

B. How do the provisions of Article15, 16 and 17 attempt to maintain the spirit of

equality in the country?

Ans. A. The principle of equality means that one uniform law cannot be applied to all equally
as some may not be similarly placed as others. So 'equality' treats equal similarly and
unequals differently.

i. equality- to check child marriages

ii. against equality principle.

B. Article 15 is based on the equality principle. It prohibits State from discriminating anyone
based on grounds of religion, race, caste, sex or place of birth.

Article 16 is also based on the equality principle of Article 14. It provides for equality of
opportunity in matters of public or State employment and bars any discrimination to any
citizen on grounds of religion, race, caste, sex, descent, place of birth, or residence. Under
Article 17 “Untouchability'' is abolished and its practice in any form is forbidden. This article
can be enforced against both the State as well as private individuals and the offence is
punishable in accordance with special laws like the Protection of Civil Rights Act, 1955 and
the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

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23. a. Explain the process of selection of panel lawyers under the NALSA Regulation,
2010 to provide free and competent legal services.

b. State the grounds on the basis of which an empanelled lawyer can be removed? (5)

Ans. a. The legal services institution is vested with the authority to invite applications from
legal practitioners with requisite professional experience to indicate the types of cases as
they may be entrusted with. The panel shall be prepared by the Executive Chairman of the
legal service institution in consultation with the Attorney-General (for Supreme Court),
Advocate-General (for High Courts), Government pleader (for districts/Taluks) and the Bar
Association President.

The legal practitioner shall have three years or more of experience at the bar for being
considered for empanelment. The personal traits like competence, integrity, suitability and
experience shall be given due consideration. Separate panels shall be maintained for
different types of cases. The Regulations also provide for retainer lawyers. The Panel has to
be reconstituted every three years without disturbing the work of panel lawyers already
representing on-going cases. In such cases where the panel lawyer wishes to withdraw from
a case entrusted to him shall communicate this to the Member Secretary and the latter may
permit him to do so.

b. The panel lawyer is barred from taking any fee, remuneration or other valuable
consideration from any person for whom legal services are rendered under the Regulation
or Act. The panel lawyer may be withdrawn from a case or his name removed from the
panel on account of nonperformance of duties satisfactorily or for actions against the object
and purpose of the Act or Regulations.

24. Trace the history of the conceptualization of the Bar Council of India dating back to
1923. (5)

Ans. 1923: Barristers of England had come to occupy a predominant position in the legal
profession. The Government of India in 1923 appointed the Indian Bar Committee, popularly
known as the Chamier Committee to address the existing disparities in the Legal profession
The Committee in its report stated that it was not practical at that time to organize the Bar on
an all-India basis. However, the Committee suggested the establishment of Bar Council for

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each of the High Courts. The Committee suggested that a Bar Council should have power to
make rules in matters such as qualifications and admission of persons to be Advocates of the
concerned High Court, legal education, discipline and professional conduct of Advocates,
terms on which Advocates of another High Court could appear occasionally in the concerned
High Court or any other matter prescribed by the High Court.

1926: Giving effect to the Chamier Committee recommendations, the Central

Legislature enacted the Indian Bar Councils Act, 1926. The Act was to provide for the
constitution and incorporation of Bar Councils, to confer powers and impose duties
on the Bar Councils and to consolidate the regulations pertaining to the legal
profession. The Bar Councils could, with the consent of the High Court, make rules for:
a) the rights and duties of Advocates of High Court and professional conduct; and b)
legal education and examinations. Advocates Act,1961 The Advocates Act also
established an All India Bar Council for the first time, with the Attorney General and
Solicitor General of India as ex- officio members of the Bar Council. The All India Bar
Council has one member elected to it by each State Bar Council and it elects its own
Chairman and Vice Chairman. The Act has created a State Bar Council in each State
with the Advocate General of the State as an ex- officio member, and 15-25 Advocates
elected for a period of five years. The State Council's main The Advocates Act,
1961functions include: admitting law graduates on its Roll, determining cases of
misconduct against Advocates on the Roll and organizing legal aid, among other
functions. Application for enrolment is therefore made to the State Bar Council. The
Bar Council of India regulates the content, syllabus, duration of the law degree,
subject to which every University can lay down its own provisions. The Council has a
Legal Education Committee for this purpose. State Council rules need to be approved
by the Bar Council, however the Central Government has overriding power to make
rules.

25. Differentiate between each of the following (Give one main difference between each
of the following) (6)

a. Division of power and Separation of power

b. Writ of prohibition and writ of certiorari

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c. Public Interest litigation and writ jurisdiction.

Ans.

Division of Power Separation of Power

The organs of the government executive,

Law making authority distributed between the
legislature and judiciary, work without
state and center
interference of each other

Writ of prohibition writ of certiorari

to prevent a subordinate court from to remove a case from a subordinate court and get
continuing on a case the proceedings before it.

Public Interest litigation writ jurisdiction

Writ Jurisdiction is for individual rights when a

SAL or PIL is for group rights fundamental right has been taken away by the
State.

26. Vidyut Supply Board (VSB) owned and managed the supply of electricity in a city. On
a particular stormy night, a live wire snapped off and came down in a service lane.
Alok, a scooterist, who happened to pass through that street at night got electrocuted
and died. His family sued the Vidyut Supply Board for compensation. Stating the
observations of the Hon’able Supreme Court in the M.C Mehta Vs. Shri Ram Foods and
Fertilizer Industries, decide on the liability of VSB and validity of the claim of Alok’s
heirs. (6)

Ans. Yes, liable for strict liability. Strict liability torts do not care about the intention or
carelessness of the defendant when the defendant caused the injury. The claimant does not
have to establish any sort of or level of blame attributable to the defendant based on the
intention or the degree of carelessness. Strict liability is available in a very limited context.

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For example, where the defendant's animals may cause an injury to the claimant or where
the defendant is involved in an unusually hazardous activity like blasting dynamite.

The general rule with respect to ultra-hazardous activity is that when the defendant carries
out or keeps an unusually hazardous situation or activity on his or her building or involves
in an activity that offers an inevitable danger of injury to the claimant or his or her property,
the defendant could be responsible for the damage caused even if the defendant has
exercised reasonable care to prevent the harm.

In India, a related principle of Absolute Liability was introduced by the Supreme Court in the
aftermath of the two instances of gas leaks from factories injuring many.

27. How can mediation be entered into? Identify and explain the type of mediation
being discussed here; (6)

a. The type of mediation that is focused on providing the parties with an evaluation of
their case and directing them toward settlement.

b. The mediators that act as guardian of the process, not the content or the outcome.

c. The mediation practice that is focused on supporting empowerment and recognition

shifts, by allowing and encouraging deliberation, decision making and perspective-
taking.

Ans. Mediation is a method of ADR in which parties appoint a neutral third party who
facilitates the mediation process in-order to assist the parties in achieving an acceptable,
voluntary agreement. Mediation is premised on the voluntary will of the parties and is a
flexible and informal technique of dispute resolution. Broadly speaking, mediation may be
triggered in three ways:

(i) Parties may agree to resolve their claims through a pre-agreed mediation agreement
without initiating formal judicial proceedings (pre-litigation mediation).

(ii) Parties may agree to mediate, at the beginning of formal court proceedings (popularly
known as court referrals).

(iii) Mediation may be taken recourse of, after formal court proceedings have started, or

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even post-trial, i.e. at the appellate stage.

i. Evaluative

ii. Facilitative

iii. Transformative

28. What course of action is adopted in case of a conflict between the International law
and domestic law? Explain with reference to the practices followed in India, UK and
USA. (6)

Ans. The interplay between municipal and international law is complex. Some authors
believe that international law and the law of the domestic jurisdiction, also referred to as the
municipal law of the country, do not intersect and are completely different entities which
cannot affect or overrule each other. However, in practice it seems that this does not hold
true. There are some principles that are clear as this conflict between international law and
domestic law is concerned. Municipal law cannot serve as a defense to a breach of
international law, i.e. you cannot use a domestic law to justify the breach of an international
one. Neither can one say that their consent to a treaty has been invalidated by way of a
change of its municipal law. Similarly, the International Court of Justice has also stated that
the lack of domestic legislation cannot be brought up as a defense if there is an international
obligation on the state not to do a certain act. There have been various cases on points that
state that international law is prevalent over the domestic law however that does not mean
that domestic legislations carry no force. Some international treaties require that countries
adopt domestic legislation in line with the international obligations it has already agreed to.
Owing to such requirements there is a blurring of the distinction between international and
municipal law and domestic courts have also started analyzing international obligations of
states in domestic disputes.

In countries, such as the United Kingdom, there is a doctrine of transformation that states
that before any international agreement can be considered applicable domestically it must
be transformed into municipal law. This means that the provisions of the treaty need to be
transformed into local law, passing a domestic legislation with concurrent provisions as the
international obligations. Similarly, in the United States of America, the position is that

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customary international law is federal law and if the federal courts in the US determine it to
be binding then it's binding on the state courts as well. However, no act of legislature may be
invalidated merely on the basis of a violation of customary international law. The US
Supreme court believes that there should be respectful consideration to be given to the
interpretation of international treaties however a domestic rule to the contrary would be
given supremacy over those provisions.

29. ‘The growth of legal aid movement is seen as one of the late conscious attempts in
social adjustment that followed the slow and often unconscious process of social
engineering’. In the light of the given statement trace the provisions stated in the
Indian legal system for providing legal aid. (6)

Ans. Free Legal Aid under Criminal Law to the accused in criminal proceedings, appeals and
jails. In 1960, the Union Government initiated the national legal aid scheme which faced
financial shortages and died a natural death. In 1973, in the second phase, the Union
Government constituted a committee under the chairmanship of Justice Krishna Ayer to
develop a legal aid scheme for states. The Committee devised a strategy in a decentralized
mode with legal aid committees in every district, state and the centre. A committee on
judicature was set up under the chairmanship of Justice P N Bhagwati to implement the legal
aid scheme. This Committee suggested legal aid camps and nyayalayas in rural areas and
recommended the inclusion of free legal aid provision in the Constitution. In 1980, the
Committee on National Implementation of Legal Aid was constituted with Justice Bhagwati
was its head. Subsequently, the Parliament enacted the Legal Services Authorities Act, 1987.

The 1976 amendment of the Constitution inserted Article 39-A in the Constitution which is as
follows: Equal Justice and free legal aid: The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in particular, provide
free legal aid, by suitable legislation or schemes or in any way, to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic or other disabilities.
The wording of Article 39-A reiterates that kind of an equality which shall promote access to
justice for all by creating equal opportunity. That this constitutional guarantee that was often
violated than observed is visible in many of the cases brought before the courts including the
apex court. Among many crucial reasons for this, it is evident that a technical application of
statutory law or constitutional obligation is inadequate. Only a fair procedure can ensure the

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concept of equality and access to justice.

30. The Bar Council of India maintains high ethical and moral standards for the
advocates. On this line it forbids the advocates from advertising, but allows them to
furnish certain information about them over internet. How does it regulate high ethical
standards for advocates? What all information can be given by an advocate? What is
the prerequisite to be complied by the advocate for publishing such information? (6)

Ans. An Advocate has a duty to act in a dignified manner, to respect the court, not to
communicate with a judge in private and impair impartiality, not to act in an illegal manner
towards the opposition, to refuse to represent clients who insist on adopting unfair means. In
addition, being an office of the Court, an Advocate is expected to uphold and maintain the
values of the profession. Furthermore, an Advocate's duty towards the client include being
bound to accept briefs, not to withdraw from service, not to appear in matters where he/she
is a witness, not to suppress material or evidence. An Advocate also had to maintain client
confidentiality and not to instigate litigation or to charge contingency fee (fee depending on
success or favourable result of matters) There is a general duty to ensure that his/her duties
do not conflict with the client's interests. An Advocate is also expected not to negotiate
directly with the opposing party (only through the opposing advocate) and to carry out
legitimate promises made. Breach of these rules and standards of conduct lead to
disciplinary action against advocates which may result in suspension or debarment.

The right of advocates to advertise their services or solicit clients has been a controversial
issue in the field of legal ethics and professionalism. In India advertising by lawyers has been
strictly restricted by the Bar Council of India. An amendment to this rule allows advocates to
furnish certain information on their websites after intimating and taking approval from the
Bar Council of India. However, only 5 pieces of information can be put up on the internet,
that is first, the name of the advocate or the firm, second, the contact details, third details of
enrolment with the Bar, fourth, his professional and academic qualification and fifth the
areas of practice.

Taking approval from the Bar Council of India.

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