PROFESSIONAL ETHICS, ACCOUNTANCY OF LAWYERS, AND BAR BENCH RELATION

By Dayanidhi.

Ballb batch 2021, section c

Asian Law College.

Syllabus ----

1. Historical Perspective and Regulation of Legal Profession.

2. Admission, Enrolment, and Rights of Advocate, Bar Councils.
3. Nature and Characteristics of:
(a). Ethics of Legal Profession,
(b). Legal Profession.
4. Contempt of Court:
(a). Civil Contempt.
(b). Criminal Contempt.
(c). Punishment for Contempt.
(d). Defences Against Contempt.
(e). Constitutional Validity of Contempt Law.
(f). Contempt by Lawyers, Judges, State, and Corporate Bodies.

5. Strike by the Lawyers.

6. Extent of Professionalization of Legal Profession.
(a). Code of Ethics for Lawyers.
(b). Professional Misconduct and its Control.
(c). Bar-Bench Relations.
(d). Accountability of Lawyers towards Court, Clients, and Society.
(e). Role of Law and Legal Profession in Social Transformation.
1. Historical Perspective and Regulation of Legal Profession.

What is the legal Profession?

The profession of law is one of the oldest and noblest professions. The person in the legal
profession is called an advocate or lawyer. An advocate is an officer of justice and a friend of the
court. The central function that the legal profession must perform is nothing less than the
administration of justice. An advocate assists the parties in drafting economic transactions like
contracts, agreements, deeds, wills, etc. An advocate should provide free legal aid to the poor
and deserving people on compassionate grounds.

Development of Legal Profession in India:

Development of the legal profession In India can be divided into the following phases:

1. Legal profession in Ancient India

2. Legal Profession in Medieval India 3) Legal profession in British India

3. Legal profession in India after Independence.

Legal Profession in Ancient India:

In India during the earlier period, people live in small groups. The head of these groups or tribes
delivered justice under the open sky before all the members. There was no specialist like a
lawyer during those days. When kingship was established, the king delivered justice. King was
advised by his councilors. The law of those days was rooted in Hindu religion and custom.

From the stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise men
who solved the critical cases of those days. During those days, the sufferer presented complaints
before the king and the king with the help of his religious heads and wise courtier delivered the
judgment.

Legal Profession in Medieval India:

During the Muslim period, there was the existence of the Legal profession, as the party of the
litigation appoints their vakils. This body decides the case and they were paid a percentage of
the amount in the suit. However, in this period the legal profession was not so organized. Vakils
performed their work as an agent for the principal but not as lawyers.

Legal Profession in British India:

During the British period, the model legal system was developed in India. Before 1726, the courts
derived their power, not from the British Crown but the East India Company.

1. Charter of 1726:
The year 1726 marked the beginning of a new phase in the evolution of judicial institutions
in India. The mayor's courts were established in the presiding towns of Bombay, Calcutta,
and Madras, they were the royal courts. The courts heard all civil suits, action pleas
between parties, they followed the procedure based on English law. But there were no
facilities to get the legal training. Many persons who do not know law were used to
practice before the said courts. The Mayor's court has no jurisdiction in criminal cases. The
criminal jurisdiction was conferred on the governor.

2. Charter of 1753:
It was issued to modify the charter of 1726. This charter also ignored significant provisions
for legal training and education relating to legal practitioners and as such, after this
charter also the legal profession was not organized.

3. Charter of 1774:
The British crown issued a charter in 1774 by which the Supreme Court of judicature was
established at Calcutta. Clause 2 of the Charter empowered the said Supreme Court to
approve and enroll advocates and Attorney-at-law. The Supreme Court had powers to
remove any advocate or Attorney on reasonable cause.
Even the Charter of 1774 didn't provide for the appearance of the Indian Legal
Practitioners to appear and to plead before the Supreme Court.
'Advocate' means British and Irish Barristers.
'Attorney' means the British Attorney or Solicitor.

4. The Bengal Regulation Act of 1793:

This act for the first time provided for a regular legal profession for the company's court.
 Under the regulation, only Hindu AND Muslims were entitled to be enrolled as pleaders.

5. Indian High Courts Act, 1861:

Under this act, The British Crown issued the Charter to establish one High Court in each
presidency town. The civil Courts were organized in provinces also subsequently.

6. Legal Practitioners Act, 1879:

It was enacted to consolidate and amend the law relating to legal practitioners. It provided
that an Advocate or vakil on the roll of any high Court can practice in all the courts
subordinate to the courts on the role of which he was entered. According to this act, the
High court was empowered to make rules consistent with the act as to suspension and
dismissal of pleaders and mukhtars. Pleaders and Mukhtars were the Indian lawyers, but
advocates were to be the barristers.

7. Indian Bar Committee 1923:

It was constituted under the Chairmanship of Sir Edward Charminar. It was to consider the
issue of the organization of the bar on an Indian basis. The committee didn't favor the
establishment of the All-India Bar Council. It was of the view that a bar council should be
constituted for each High Court. The committee suggested that in all High Court a single
grade of the practitioner should be established, and they should be called Advocates.
Further suggested that the Bar committee should have the power to enquire matters
calling for the disciplinary action against a lawyer and High Court should be given
disciplinary power to punish the guilty.

8. Indian Bar Council Act, 1926:

To give effect to some of the recommendations of the Indian Bar Committee 1923, The
Indian Bar Council Act was enacted in 1926. The main purpose of the act was to provide
for the constitution and incorporation of the Bar Council for certain courts, to confirm
powers and impose duties on such councils and also to consolidate and amend the law
relating to legal practitioners of such courts. A provision was made in the act for the
establishment of the Bar council for every high court. Every Bar Council was to consist of
15 members. Four of such members were to be nominated by the concerned High Court
and 10 of them were to be elected by the Advocates of the High Court from amongst
themselves.
Legal Profession in India After Independence:

i. All India Bar Committee, 1951:

All India Bar Committee was constituted under the chairmanship of Justice S.R. Das. The
committee in its report recommended the establishment of an All India Bar Council and
State bar Council. It recommended the powers of enrolment, suspension, or the removal of
advocates to the Bar Council. Further recommended that there should be no further
recruitment of non-graduated pleaders or Mukhtars.

ii. Advocates Act, 1961:

The central government enacted the Advocates Act in 1961. This act has been in force in
entire India. It brought revolutionary changes in the legal profession in India. It sets out to
achieve the utility and dignity of the profession of law on an All-India basis. The preamble
of the act says that the act amends as well as consolidates the law relating to legal
practitioners.

Historical development in outside of India.

Ancient Greece:

 The earliest individuals who could be considered “lawyers” were likely the orators in
ancient Athens.

 Athenian orators faced challenges. Initially, individuals were supposed to plead their own
cases, but this changed over time.

 By the fourth century, Athenians no longer required a friend to plead on their behalf.

 However, a significant obstacle remained: no one could charge a fee for representing
another person.

 Orators had to maintain the legal fiction that they were merely helping a friend for free.

 Unlike modern lawyers, they couldn’t form professional associations or use titles.

Ancient Rome:
  In 204 BC, a law prohibited Roman advocates from accepting fees, but this rule was widely
ignored.

 Emperor Claudius later legalized advocacy as a profession, allowing Roman advocates to

practice openly.

 However, he imposed a fee limit of 10,000 sesterces.

 Early Roman advocates were trained in rhetoric, not law, and judges were also not law-
trained.

 Unlike Athens, Rome had jurisconsults—wealthy amateurs who dabbled in law as an

intellectual hobby.

 Jurisconsults provided legal opinions on various issues, and their advice was sought by
judges and governors.

Feel free to ask if you’d like further clarification or have any other questions!

2. Admission, Enrolment, and Rights of Advocate, Bar Councils.

The legal profession plays a pivotal role in upholding justice, defending the rights of individuals and ensuring
the proper functioning of a democratic society. In India, advocates, often referred to as lawyers or attorneys, are
individuals who represent clients in various legal matters, from civil disputes to criminal cases.

To become an advocate in India, one must undergo a rigorous process of admission and enrolment, governed by
the Advocates Act, 1961 and the rules set forth by the Bar Council of India and State Bar Councils. This article
explores the detailed procedure and requirements for admission and enrolment of advocates in India.

The Advocates Act, 1961: The Legal Framework on Admission and Enrolment of Advocates in India

The admission and enrolment of advocates in India are primarily governed by the Advocates Act of 1961. This
legislation sets out the rules and regulations that govern the legal profession in India and establishes the
framework for becoming a practising advocate.

Under the Advocates Act, the Bar Council of India (BCI) and the State Bar Councils are responsible for
overseeing the admission and enrolment of advocates. The BCI is the apex regulatory body for the legal
profession in India and lays down the standards for legal education and professional conduct. Each state in India
has its own State Bar Council, responsible for enrolling advocates within its jurisdiction.

General Rules on Admission and Enrolment of Advocates in India

The admission and enrolment of advocates in India are regulated by the Advocates Act of 1961, specifically
Sections 16 to 28. Under Section 16 of the Advocates Act, advocates are classified into two categories: Senior
Advocates and Other Advocates.

Senior Advocate designation is granted by the Supreme Court or a High Court when they believe that an
advocate’s legal expertise, reputation at the Bar or unique knowledge warrant such recognition, with the
advocate’s consent. This honour comes with significant responsibilities, as senior advocates are expected to set
an example for younger members of the profession.

The procedures for designating an advocate as a Senior Advocate in the Supreme Court and their practice
restrictions can be found in Order-iv, Rule-2 of the Supreme Court Rules, 1966. Each High Court has its own
processes for appointing Senior Advocates. The Bar Council of India imposes certain restrictions on Senior
Advocates, including:

 Senior Advocates may not file vakalatanamas, memoranda of presence, pleadings or applications in any
court, tribunal or authority.

 In the Supreme Court, Senior Advocates cannot appear in court without an Advocate on Record.
  In High Courts, Senior Advocates must be accompanied by an Advocate from the state roll.

 They cannot undertake drafting activities for pleadings, affidavits or any similar tasks.

 They are not allowed to engage in conveyancing work of any kind.

 Senior Advocates cannot directly accept cases or instructions to appear in courts or tribunals.

When an advocate is recognised as a Senior Advocate, the registrar of the respective Supreme Court or High
Court must notify all relevant High Courts, the secretary of the State Bar Council and the Bar Council of India,
including the advocate’s name and the date of recognition.

Eligibility Criteria for Admission as an Advocate

The Advocates Act, 1961 and its associated rules define the eligibility criteria for individuals seeking admission
and enrolment as advocates in India. These eligibility criteria include the following:

Citizenship: The applicant must be a citizen of India. This requirement ensures that only Indian nationals are
eligible to practice law in the country.

Age: The applicant must have attained the age of 21 years. There is no upper age limit for admission as an
advocate, as affirmed by the Supreme Court in the case of Indian Council of Legal Aid and Advice vs. Bar
Council of India (AIR 1995 Supreme Court 691).

Educational Qualifications: To be eligible for admission, an applicant must possess a law degree from a
recognised university. The law degree can be obtained through various routes:

a) Completing a 3-year law course after graduation (regular university studies).

b) Completing a 5-year integrated law course after 10+2.

c) Completing a law degree from a foreign university recognised by the Bar Council of India.

Additional Conditions: Applicants must meet any other conditions specified by the State Bar Council through
their rules.

Enrolment Fee: Applicants are required to pay an enrolment fee to both the State Bar Council and the Bar
Council of India.

Roll of Advocates
Every State Bar Council is mandated by Section 17 of the Advocates Act to maintain a roll of advocates. This
roll is divided into two sections, with the first section containing the list of Senior Advocates and the second
section comprising Other Advocates. In cases where multiple advocates are enrolled on the same day, their
names are arranged based on their seniority by age.

An individual cannot be enrolled as an advocate with more than one Bar Council. However, someone whose
name is already enrolled in one state’s roll may apply to the Bar Council of India for a transfer to another state’s
roll, subject to reasonable grounds and the absence of pending disciplinary proceedings. The State Bar Council
is responsible for transmitting authorised copies of the Advocates Roll when new advocates are added or names
are removed.

Certificate of Enrolment

Section 22 of the Advocates Act requires the State Bar Council to provide a certificate of enrolment in the
prescribed format to any individual whose name is included in the roll of advocates maintained by that council.
Advocates listed on the state roll must promptly inform the concerned State Bar Council of any changes in their
place of business or permanent residence within 90 days.

Procedure for Admission and Enrolment of Advocates in India

The process of admission and enrolment as an advocate involves the following steps:

 Educational Qualification: The applicant must first obtain the necessary educational qualifications by
completing the prescribed law degree program.

 Application: After fulfilling the educational criteria, the candidate must submit an application for
enrolment to the State Bar Council in the jurisdiction where they intend to practice.

 Payment: Along with the application, the candidate must submit the prescribed enrolment fee through a
bank draft drawn in favour of the respective Bar Council.

 Verification: The State Bar Council will verify the application and eligibility of the candidate.

 Enrolment: Once the application is approved, the candidate’s name is entered into the State Bar
Council’s roll of advocates. The candidate is now eligible to practice law in the jurisdiction of that State
Bar Council.

 Bar Council of India: The State Bar Council forwards the enrolled advocate’s details to the Bar
Council of India for inclusion in the All India Bar Council.
  Practice: The enrolled advocate can then begin practising law, representing clients in various legal
matters and appearing in courts of law.

Exceptions and Special Provisions on Admission and Enrolment of Advocates in India

The Advocates Act, 1961, also includes certain exceptions and provisions for individuals with specific
qualifications or experience:

 Vakils and Pleaders: Those who were practising as Vakils, Pleaders or Mukhtars for at least three years
are eligible for admission as advocates.

 Former Public Servants: Individuals who were entitled to practice law but were in public service on a
particular date may still be eligible for admission.

 Qualifications by Experience: The Bar Council of India may specify qualifications by experience for
admission as an advocate.

 Judges: Former judges of any High Court in India may be admitted as advocates upon retirement.

Disqualification for Admission and Enrolment of Advocates in India

Section 24A of the Advocates Act defines disqualifications for enrolment, including individuals who are
ineligible to become advocates:

 Those convicted of moral turpitude offenses.

 Individuals convicted under the Untouchability (Offenses) Act of 1955.

 Those dismissed from government employment due to allegations of moral turpitude. The
disqualification is lifted two years after their release from prison or dismissal from service.

 However, if someone found guilty under the above conditions is benefiting from the Probation of
Offenders Act, 1958, they are not disqualified.

In cases of denial of enrolment due to disqualification, the State Bar Council must inform all other State Bar
Councils, providing the applicant’s name, address and reasons for denial and the applicant will be prohibited
from reapplying.
In legal precedents, it has been established that individuals with legal degrees cannot practice other professions
concurrently. Therefore, a person with a legal degree working in a different field cannot become an advocate.
Similarly, full-time law professors receiving regular salaries are prohibited from practising as advocates and
full-time salaried law officers cannot enrol as advocates.

Disposal of Admission Applications

Section 26 of the Advocates Act states that the State Bar Council sends all admission applications to its
enrolment committee. This committee, subject to written directives from the State Bar Council, processes and
disposes of these applications accordingly.

However, if the Bar Council of India finds, through referral or other means, that an advocate has obtained
enrolment through misrepresentation, fraud or undue influence, they may remove that person’s name from the
advocate’s roll after providing an opportunity for the advocate to present their case.

Removal of Name from the Roll

According to Section 26-A of the Advocates Act, the State Bar Council has the authority to remove an
advocate’s name from the state roll upon receiving a request for a deceased advocate.

Challenges and Legal Precedents

Over the years, certain challenges and legal disputes have arisen regarding the eligibility and admission of
advocates in India. The Supreme Court of India has played a significant role in interpreting and upholding the
provisions of the Advocates Act, ensuring fairness and transparency in the admission process.

For example, the Supreme Court has ruled against age restrictions for enrolment, emphasising that age alone
should not be a disqualifying factor for aspiring advocates. Similarly, it has struck down rules that imposed pre-
enrolment training and apprenticeship requirements as ultra vires.
Rights and Duties of Advocates under the Advocates Act, 1961

The Advocates Act was enacted in 1961 and applies to the whole of India. This Act was introduced “to amend
and consolidate the law relating to legal practitioners and to provide for the constitution of the Bar Councils and
an All-India Bar.” The primary aim of the Advocates Act, 1961, is to constitute a single class of legal
practitioners, ‘Advocates’ as well as to introduce the powers of the Bar Council of India and the State Bar
Council. According to this Act, only Advocates, who are enrolled in the Bar Council, have the power to practice
the law in the court. Through this, it can be demonstrated that an advocate registered under the Bar Council is
free to practice in the Supreme Court, High Court, any other judicial court, quasi-judicial courts, or before an
individual or group, legally authorized to take documentary or oral evidence. The Act also defines that an
advocate who has registered in one State Council cannot enroll in another State Council at the same time.
Despite this, an Advocate can transfer from one State Council to another. It is clearly noticeable that every
individual has their own rights and duties delivered by the state whereas a right is an entitlement and a duty is
an obligation. Similarly, the Advocates Act of 1961, provides certain rights (entitlement) and duties
(obligations) of an advocate. These duties and rights are to be fulfilled by the Advocates for a better Bar-Bench
relationship. In this article, a brief regarding the entitlements and obligations of an advocate under the
Advocates Act of 1961 is discussed.

Rights of Advocates

In India, Advocates possess various rights which are protected and provided under the Advocates Act, some of
them are listed as follows:

 Advocate’s Right to Practice: It is an exclusive right given to the advocates enrolled in the Bar Council
of India that allow them to practice in any court all over India. As per Article 19(1)(g) of the Indian
Constitution, all citizens have the right “to practice any profession, or to carry on any occupation, trade
or business;” therefore, an advocate has full right to practice in any court.

 Advocate’s Right to Enter Any Court and Observe the proceedings: It is the right of an Advocate to
enter into any courtroom either of the Supreme Court, High Court, or any other Court to observe any
live proceedings under Section 30 of the Advocates Act, 1961.

 Advocate’s Right to Freedom of Speech and Expression: As Article 19(1)(a) of the Indian
constitution enables every citizen the right to freedom of speech and expression, Advocates also have
this right even in a court of law. While arguing in litigation, an Advocate cannot be stopped or prohibited
 from presenting his point of view until or unless he/she violates the rules and regulations of the court of
law.

 Advocate’s Right to Meet with Accused: It is the right of an advocate to meet with the accused even if
he/she is in jail. These meetings help the advocate to gain sufficient information related to the facts and
evidence that further help him for fighting the case in Court. Despite the fact that time for the meeting is
limited, Advocates have the right to meet the client every day in jail.

 Advocate’s Right to Take the Fee: Every advocate has the right to take a fee from a client if they give
any service to them. It is clearly mentioned in Rule 11 of Chapter 2 of Part VI of the Bar Council of
India that an advocate has the ability to take fees from his client.

 Advocate’s Right Against Arrest: As per Section 135 of C.P.C. (Civil Procedure Code), “No Judge,
Magistrate or other judicial officers [Advocate] shall be liable to arrest under civil process while going
to, presiding in, or returning from, his Court.”

 Advocate’s Right to Refuse for a Case: This right allows the advocates to refuse to take a case that
they feel deals with illegal things.

 Advocate’s Right to Secure the Privacy of Communication: This right of the Advocate is provided
under Section 129 of the Indian Evidence Act of 1872 which states that an advocate has the right to
protect or secure the privacy of the communication with his client. Along with this, this Section also
illustrates that no one can threaten an advocate to disclose the information collected via tête-à-tête. In
short, it can be demonstrated that the advocate himself is not liable to share information with anybody
regarding the conversation between him and his client as well as no third person can threaten him to
disclose the same.

Duties of Advocates against the Court

 It is the duty of an Advocate to refuse to perform any kind of illegal work to win the case while
representing the client in the Courtroom.

 It is the duty of an Advocate to not act in a way that breaks the rules and regulations of the Court and
disrespects the court as well as the judges in the courtroom for hearing the case.

 It is the duty of an Advocate to appear in the Court well-dressed as per the dress code defined by the Bar
Council of India while representing the case.
  It is the duty of an Advocate to wear Gowns or Bands only in the court and not in public places except
while attending the ceremonial function by the BCI.

 It is the duty of an Advocate to refuse to fight a case where the judge is in any kind of relation (either
blood or any other) with the advocate.

 It is the duty of an Advocate not to perform any unethical practice such as communicating with the judge
regarding the Case pending before the Court.

Some additional rights for the advocate

o Right to Practice (Section 30)

o Rights of Advocate to Pre-audience
o Right to Freedom of Speech and Expression of a Advocate
o Advocate’s Right to Enter any Court and Observe the Proceedings
o Rights of Advocate Against Arrest
o Rights of Advocate Meet with Accused
o Rights of Advocate to Secure the Privacy of Communication
o Right to Take Fee
o Rights of Advocate to Refuse a Case

What is the Bar Council of India?

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 comprises members elected from each State Bar Council, the Attorney General of
India, and the Solicitor of India, who serve as members automatically. The members of the State Bar Councils
are elected for five years. The Council has the power to choose its own Chairman and Vice-Chairman from
among its members, and they serve for two years.

The powers and functions of the Bar Council of India have been discussed below.

Powers of the Bar Council of India

The powers of the Bar Council of India are:

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.

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.

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.

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.

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.

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.

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.

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.

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:

Establishment of the Bar Council of India

Parliament established the Bar Council of India under the Advocates Act of 1961. Its main responsibilities
include regulating the legal profession and legal education in India.

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 Laws on Powers and Functions of the Bar Council of India

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.
Case: Bar Council of Maharashtra v. M.V Dabholkar and others

Facts:

In this case, the respondents were lawyers practising in the criminal courts. They were charged with
professional misconduct under Section 35(1) of the Advocates Act, 1961. It was alleged that they engaged in
unethical behaviour outside the Magistrate courts.

They would try to snatch briefs from potential litigants and even get involved in physical fights. They also
promised undercut fees to litigants to secure work for themselves.

The High Court brought this matter to the attention of the Bar Council of Maharashtra, which considered the
complaint and referred it to its Disciplinary Committee for further investigation.

Held:

The court held that the Code of Ethics for advocates does not allow them to advertise or engage in obnoxious
practices like soliciting or scrambling. Therefore, the respondents were found guilty of professional misconduct.
As a penalty, they were suspended from practising for three years.

Case: D. Saibaba v. Bar Council of India and another

Facts:

In this case, Smt. D Anuradha, the wife of D Saibaba, filed a complaint under Section 35 of the Advocates Act,
alleging professional misconduct. The complaint stated that the appellant, D Saibaba, was enrolled as an
advocate but ran a telephone booth under the handicap quota, which was against the rules.

The appellant argued that he was indeed handicapped and had started the telephone booth before he became an
advocate due to financial constraints. He claimed that his elderly parents were running the booth. He also
contended that the complaint was malicious and filed by his disgruntled wife, who had also lodged false
criminal cases against him.

Held:
The Bar Council of India directed the appellant to surrender the telephone booth. The Bar Council formed the
opinion that regardless of who was running the booth, it was registered under the appellant’s name in the
handicap quota, and surrendering the booth would resolve the issue concerning his conduct as an advocate.

The appellant requested some time to collect certain dues that would be difficult if the telephone booth was
surrendered. However, as the appellant failed to surrender the booth, the Bar Council ordered the State Bar
Council, under which the appellant was registered, to remove his name from the rolls of advocates.

Nature and Characteristics of:

(a). Ethics of Legal Profession,

(b). Legal Profession.

The Nature and Characteristics of Legal Profession Ethics

Legal ethics are a vital component of the legal system, dictating the professional conduct of lawyers. They are
more than just a set of rules; they embody core principles that guide lawyers in their interactions with clients,
the court, and the public. Here's a detailed breakdown of their nature and characteristics:

Nature of Legal Ethics:

 Public Good: Unlike a business, the legal profession serves a public good – upholding justice. Ethics
ensure lawyers prioritize this ideal above personal gain.

 Maintaining Dignity: Legal ethics act as a code of conduct that preserves the honor and integrity of the
profession. They foster trust in the legal system by holding lawyers accountable for their actions.

 Balancing Duties: Lawyers juggle various duties – towards clients, the court, and the legal community.
Ethics provide a framework for navigating these sometimes conflicting obligations.

Key Characteristics of Legal Ethics:

 Client Relationship:
 o Confidentiality: Lawyers must safeguard all client information, except in rare circumstances
outlined in the code.

o Loyalty and Competence: A lawyer zealously represents their client within legal bounds and
maintains their competence throughout the case.

o Conflict of Interest: Avoiding situations where a lawyer's personal interests or another client's
interests could clash with their current client's case.

o Fees: Transparency and fairness in setting and collecting fees are crucial aspects of ethical
conduct.

 Duty to the Court:

o Candor and Fairness: Lawyers must present all relevant information to the court honestly, even
if it might harm their client's case.

o Respect for the Court: Maintaining decorum and treating the court with respect is a cornerstone
of legal ethics.

 Professionalism:

o Competence: Lawyers have a continuing duty to maintain their legal knowledge and skills.

o Civility: Professional courtesy towards colleagues and opposing counsel is expected.

o Pro Bono Service: Many jurisdictions encourage lawyers to dedicate a portion of their time to
providing legal services to those who cannot afford them.

Additional Points:

 Codes of Ethics: These are formal documents outlining the ethical principles lawyers must adhere to.
They are typically developed by bar associations and vary by jurisdiction.

 Enforcement: Disciplinary bodies can investigate and impose sanctions on lawyers who violate ethical
rules. These may range from reprimands to disbarment.
By understanding the nature and characteristics of legal ethics, lawyers can ensure they uphold the highest
standards of conduct, promoting a fair and just legal system.

The Intricate World of Law: Nature and Characteristics of the Legal Profession

The legal profession is a fascinating blend of public service, intellectual challenge, and complex ethical
considerations. It goes beyond simply arguing cases in court. Let's delve deeper into its nature and key
characteristics:

1. Public Service vs. Private Practice:

 Public Service: Lawyers play a crucial role in upholding justice. They ensure individuals and
organizations have their legal rights protected and navigate the complexities of the legal system. This
can involve representing clients in court, providing legal advice, or working in government agencies.
 Private Practice: A significant portion of lawyers work in private firms, representing corporations,
individuals, or other entities. While profit is a factor, ethical obligations to clients and the justice system
remain paramount.

2. Expertise and Lifelong Learning:

 Rigorous Education: Lawyers undergo extensive education, typically earning a Juris Doctor (JD)
degree after completing an undergraduate degree. This is followed by passing a bar exam for licensure
in a particular jurisdiction.
 Continuous Learning: The legal landscape is constantly evolving. Lawyers must stay updated on
changes in laws, regulations, and court rulings through continuing legal education programs.

3. Ethical Obligations and Professional Conduct:

 High Ethical Standards: Lawyers are bound by strict ethical codes that govern their conduct. These
codes emphasize integrity, honesty, confidentiality, and zealous advocacy within the bounds of the law.
 Professional Responsibility: Lawyers are considered officers of the court. They have a responsibility to
uphold the dignity of the legal system and ensure fair and just proceedings.

4. Diverse Practice Areas:

Law encompasses a vast array of specializations. Some common areas include:

 Criminal Law: Representing defendants accused of crimes or the prosecution.

 Civil Law: Handling disputes between individuals or organizations, such as contract breaches or
personal injury.
 Corporate Law: Advising businesses on legal matters related to formation, mergers, and securities.
 Intellectual Property Law: Dealing with patents, copyrights, trademarks, and other forms of intangible
property.

5. Communication and Critical Thinking:

 Effective Communication: Lawyers must be adept at written and oral communication, clearly
presenting complex legal concepts to clients, judges, and juries.
 Analytical Skills: Lawyers need strong analytical skills to research legal issues, identify relevant
precedents, and construct persuasive arguments.

Nature of Professional Ethics

Every profession has its own code of ethics. The legal profession in India is highly competitive and dynamic.
As it has been thoroughly discussed above that the standard of ethics of the legal profession is codified under
Indian law.

The nature of professional ethics is such that it is the essence of the legal profession. It encourages a Lawyer to
act in a dignified manner that is befitting of such a noble profession. Thus, in order to maintain its dignity and
integrity, professional ethics were codified. It brings upon accountability upon the legal professionals for
dishonest, irresponsible and unprofessional behaviour. Furthermore, advocates can lose their license (to practice
at court/firm) if they resort to unethical practices that endanger and tarnish the dignity of the legal profession.

Even in general not only the legal profession but also various other professions like the medical profession in
India have codified standards of ethics. The Advocates Act, 1961 and Bar Councils Act, 1926 lay down the
professional ethics that need to be followed by lawyers. On the other hand the Indian Medical Councils Act,
1956 and the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 governs
the standard of professional ethics that needs to be followed by medical professionals.
The main intent behind these legislations is to prevent the exploitation of clients and patients or anyone at the
receiving end of their services and of course to maintain the integrity of the profession. Just like every other
provision and statute these rules and codes are not absolute in nature and can be amended or repealed as and
when need be felt.

4. Contempt of Court:

(a). Civil Contempt.

(b). Criminal Contempt.
(c). Punishment for Contempt.
(d). Defences Against Contempt.
(e). Constitutional Validity of Contempt Law.
(f). Contempt by Lawyers, Judges, State, and Corporate Bodies.
Introduction
Chief Justice of India D Y Chandrachud, in an interview, explained that the authority of constitutional courts
to take action for contempt is meant to ensure the smooth functioning of the courts, not to shield judges from
criticism. The Constitution grants authority to the Supreme Court and high courts through Articles 129 and
215 to penalize contempt, with the operational procedures outlined in the Contempt of Courts Act, 1971 (Act of
1971).
What is Contempt of Court?
 Contempt of court is a legal concept that seeks to protect the dignity and authority of the judicial
system.
 In India, contempt of court is addressed under the Act of 1971, which defines and prescribes
punishment for contemptuous actions.
 The primary objective is to maintain the sanctity of the judicial process, ensuring that the judiciary's
authority is respected and upheld.
 However, the interpretation and application of contempt laws often raise concerns about potential
infringement on freedom of expression, leading to a delicate balance that must be maintained.
What are the Types of Contempt of Court?
 Contempt of court in India can be broadly categorized into two types: civil contempt and criminal
contempt.
 Under Section 2(b) of the Act of 1971, Civil contempt refers to willful disobedience to any judgment,
decree, direction, order, or other processes of a court, whereas criminal contempt involves actions that
scandalize or tend to scandalize, or lower or tend to lower the authority of any court.
 Under Section 2(c) of the Act of 1971 “criminal contempt” means the publication (whether by words,
spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of
any other act whatsoever which—
(i) scandalizes or tends to scandalize, 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;
What are the Defences Available in the Contempt of Courts Act, 1971?
 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.
What is the Current Scenario of Contempt of Court?
 In April 2018, a report from the Law Commission revealed that high courts had 568 pending criminal
contempt cases and 96,310 civil cases.
 On April 10, 2018, the Supreme Court had 683 civil contempt cases and 15 criminal contempt cases
awaiting resolution.

Civil contempt of court.

Civil Contempt
According to section 2(b) of the Contempt of Courts Act, 1971 civil contempt means willful disobedience to
any judgement, decree, direction, order, writ or other process of a court or willful breach of an undertaking
given to a court.

Thus from the abovementioned definition it can be ascertained that there are two important essentials to
constitute civil contempt:
1. Disobedience of any judgement, decree, direction, order, writ or other process of a court or an
undertaking given to the court.
There should be disobedience of a valid order to constitute contempt of court. An order includes all kinds of
judgements, orders-final, preliminary, ex-parte, contempt order. Disobedience of a decree, direction, writ or
other process of a court, or an undertaking given to the court, will also amount to contempt of court. It was
held by the Supreme Court, in the case of H.Puninder v. K. K. Sethi,[2] that in absence of the stay order in
appeal or revision of higher court, the order appealed against should be complied with, subject to any order
passed at later stage, otherwise it is open for the contempt court to proceed further on merit of the contempt
case.

A different view was upheld by the Supreme Court in case of interim relief/stay order. The Supreme Court,
in the case of State of Jammu and Kashmir v. Mohammad Yakub Khan,[3] held that where stay vacation
application has been promptly filed by the respondent against whom the stay order has been passed and the
same is pending for disposal the court shouldn't proceed in the contempt case unless and until the stay
vacation application has been decided.

So far as the breach of undertaking as contempt of court is concerned, the basis behind this is that the
contempter obtains a beneficial order for himself from the court, by giving an undertaking and if he fails to
honor the undertaking at a later stage, he plays a serious fraud on the court and thereby interferes with the
administration of justice by bringing the court into disrespect.

An undertaking can be given to the court in two ways:

· By moving an application or filing an affidavit before the court clearly stating the terms of the undertaking.

· By giving s clear and express oral undertaking which is incorporated by the court in the order.
A willful breach of an undertaking, given according to the abovementioned ways, would amount to
contempt of court.

2. The Disobedience or breach must be willful, deliberate and intentional.

Mere disobedience or breach of the court’s order by the person is not sufficient to constitute civil contempt.
Such a disobedience or breach must be willful, deliberate and intentional. In order to exercise its power to
punish the contemnor the court has to be satisfied beyond reasonable doubt that the contemnor has willfully,
deliberately and intentionally violated the court’s order.

No court including contempt court is entitled to take trivialities and technicalities into account while finding
fault with the conduct of the person against whom contempt proceeding is taken.

Where the order has been substantially complied with and a reasonable explanation has been provided for
the delay in compliance with the order, the contempt will not lie as the violation is not willful and deliberate.

Criminal Contempt of Court.

Criminal Contempt
According to section 2(c) of The Contempt of Courts Act, 1971, criminal contempt means the publication
(whether by word, spoken or written, or by signs, or by visible representation, or otherwise) of any matter
or the doing of any other act whatsoever which-
i) Scandalizes or tends to scandalize, 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 obstruct or tends to obstruct, the administration of justice in any
other manner.

Thus from the abovementioned definition it can be ascertained that there are four important essentials to
constitute criminal contempt:
1. Publication of any matter.
The word publication has been given a very wide meaning so far as contempt of court is concerned. It
includes words (spoken/written), signs and visible representation. It also includes the publication of any
material in the newspaper and magazines, the broadcasting of any material on the radio and exhibition of
anything in cinemas, theaters and television.
If these materials contain anything which scandalizes or lowers or tends to scandalize or lower the
authority of any court, prejudices or interferes with the due course of any judicial proceeding or interferes
or tends to interfere with administration of justice, it will amount to criminal contempt of the court.

2. Scandalizing or lowering the authority of the court.

Scandalizing might manifest itself in various ways but in substance, it is an attack on individual judges in
particular or the court as a whole, with or without reference to a particular case, by casting unwarranted and
defamatory aspersions upon the character or the ability of the judges. Such conduct is punished as criminal
contempt for the reason that it tends to create distrust in the minds of common people and thereby shatters
confidence of the people in the judiciary.

The Supreme Court made it clear, in the case of Arundhati Roy, that criticism which undermines the dignity
of the court can't be said to be fair criticism and does not fall under the ambit of freedom of speech and
expression as is guaranteed by Article 19 (1)(a) of Constitution of India. Thus prosecution of persons for
scandalizing the court is not prohibited by constitutional right of freedom of speech and expression under
Article 19 (1)(a).
Writing/drafting in pleading or petition by which defamatory allegations have been levelled against a judge
in particular or court as a whole, would amount to criminal contempt, held the Supreme Court.[4]
In case of U.P Residential Employee Cooperative Society v. New Okhla Industrial Development
Authority[5], the Supreme Court held that filing a false affidavit in the court with a view to mislead the
court will amount to criminal contempt.

3. Prejudice or interference with the due course of any judicial proceeding.

Any publication which prejudices or interferes with the due course of any judicial proceeding would amount
to criminal contempt of court. Media trial or trial by newspaper is not considered proper because it effects
the fairness of trial and is likely to cause interference with the administration of justice.

The knowledge of pendency of the case and reasonable grounds to believe that the case in pending is
sufficient to make out criminal contempt and the intention and motive of the publisher behind the content of
publication is not relevant for the purpose of criminal contempt. If it lowers the authority of the court and
causes interference with the due course of judicial proceeding it would amount to criminal contempt.

In civil cases, the pendency starts with the filing of the plaint and in criminal cases, with the filing of a
charge sheet or the issuance of summons or warrants. The pendency continues till the case is decided. In
case an appeal/revision is filed, pendency continues till the appeal or revision is decided. If appeal/revision
is not filed, pendency continues till the period of limitation for filing the same has not expired. Once it
expires, pendency is over.

4. Interference/Obstruction with the administration of justice in any other manner.

The publication or doing of any act which interferes or obstructs or tend to interfere and obstruct in the
administration of justice in any other manner, would amount to criminal contempt of court. This clause is a
residuary clause, covering those cases of criminal contempt which are not expressly covered by section 2(c)
of the Contempt of Court Act.

The term 'administration of justice' is much wider than the term 'course of judicial proceedings'. Every
person in India is entitled to approach the court in order to secure justice and for the redressal of his
grievances and the court has to decide dispute between the parties as per law and equity.

Any conduct which tends to prevent or actually prevents a party to approach the court, amounts to criminal
contempt of court, for eg. writing a threatening letter to litigating party or his counsel preventing him from
attending the court, writing a letter to the judge or approaching him in order to influence his judicial
conscience or approaching a counsel for undue favor are all examples of interference with administration of
justice and are contempt of court.

An advocate is an officer of the court and undue interference with the advocate in the discharge of his
professional functions amounts to contempt of court. Casting aspersions on counsel or approaching him for
not defending a particular person amounts to criminal contempt of court.
It was held by the Supreme Court in case of J. R Parashar v. Prashant Bhushan[6], that holding a dharma
or resorting to strike by itself may not amount to contempt of court but if in doing so the presiding officer of
the court, its staff, the police personnel and the litigating parties are prevented from approaching the court, it
will amount to interference in the administration of justice and will be criminal contempt of the court.
Punishment of contempt of court.
Section 12 of the Contempt of Court Act outlines the punishment for contempt of court:
1. Imprisonment and Fine:
 A contempt of court may be punished with:
 Simple imprisonment for up to six months.
 A fine extending up to two thousand rupees.
 Both imprisonment and fine.
 The accused may be discharged or the punishment remitted upon a satisfactory apology.
2. Limitation on Sentence:
 No court can impose a sentence exceeding that specified in subsection (1) for any contempt,
either against itself or a subordinate court.
3. Civil Contempt:
 In the case of civil contempt, if the court deems that a fine is insufficient, it may direct
imprisonment for a period not exceeding six months.
4. Contempt by a Company:
 If contempt is committed by a company, individuals responsible for its conduct, including
directors, managers, or officers, can also be deemed guilty.
 Punishment may include detention in civil prison with the court's leave.
  Individuals may avoid punishment by proving lack of knowledge or exercising due diligence.
5. Consent or Connivance:
 If contempt is committed with the consent or neglect of any director, manager, secretary, or
officer of a company, they shall also be deemed guilty.
 Punishment, including detention in civil prison, may be enforced with the court's leave.
Period of Limitation:
Section 20 addresses the period of limitation for initiating contempt proceedings:
 No court can initiate contempt proceedings after one year from the date on which the contempt is
alleged to have been committed.
 Applicable for both civil and criminal contempt.
 Proceedings can be initiated by application or suo moto within the one-year limit.
 In criminal contempt, the period starts immediately upon scandalization of the court or interference with
justice.
 In civil contempt, the period starts after the expiry of the time mentioned in the order after service of a
certified copy. If no time limit is specified, compliance is expected within a reasonable period, typically
interpreted as three months from the date of service.

Defenses Against Contempt of Court Proceedings

1. No Knowledge or Innocent Publication

 Section 3 of the Contempt of Courts Act provides defense to individuals who innocently believe
that their publication will not obstruct court proceedings or are unaware of pending proceedings.
 Three defenses under Section 3: a. Claim of no reasonable knowledge of pending proceedings at
the time of publication. b. Assertion that no proceeding was pending when the publication
occurred. c. Lack of reasonable grounds to believe the material distributed interfered with
pending proceedings.
2. Fair and Accurate Report of Judicial Proceedings
 Section 4 exempts individuals from contempt if they accurately and fairly report judicial
proceedings.
  Exception under Section 7 permits publishing in-camera proceedings unless expressly prohibited
by the court due to public policy, order, or security concerns.
3. Fair Criticism
 Section 5 exempts fair criticism on the merits of a finally decided case from contempt.
 Criticism should not impute ulterior motives to judges and should be made in good faith and
public interest.
4. Bona fide Complaint Against Presiding Officers
 Section 6 protects individuals making complaints in good faith about subordinate court presiding
officers to higher courts.
5. No Substantial Interference with Due Course of Justice
 Section 13 requires contempt to substantially interfere with the due course of justice for
sentencing.
 Introduced by the Contempt of Courts (Amendment) Act, 2006.
6. Justification by Truth
 Section 13(2) allows truth as a defense if in the public interest and bona fide.
7. Statement Open to Different Interpretations
 If the statement can be interpreted in a non-contemptuous manner, the defendant may be excused
from punishment if one interpretation complies with the court order.
8. Defamation of the Judge Personally
 Attacks on a judge's personal reputation unconnected with judicial functions are not considered
contempt.
 Judges have remedies for defamation under civil or criminal law, not contempt of court.
Conclusion
 The Contempt of Courts Act provides various defenses to individuals facing contempt charges, ensuring
fairness and protecting freedom of expression while maintaining respect for judicial processes.

Constitutional Validity of Contempt Law.

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.

Articles 129 and 215 of the Constitution emphasize the need for effective powers in the Supreme Court and
High Courts to deal with contempt cases. The Parliament’s power to legislate in this regard must not impede the
constitutional provisions’ purpose.

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.
The existing law relating to contempt of court is considered reasonable and therefore does not violate the
fundamental right to freedom of speech and expression guaranteed by Article 19(1) (2) of the Constitution.
According to Clause 10 of Article 366, existing law includes any law, ordinance, order, bye-law, rule, or
regulation passed or made before the Constitution’s commencement.
The Contempt of Court Act’s continuity is ensured by Article 255 of the Constitution, while Section 10 of
the Act grants every High Court the power to exercise jurisdiction, powers, and authority in contempt
cases. Thus, it can be concluded that the Contempt of Court Act is constitutional and valid.

Constitutional Validity of the act:

Constitutional Basis for Contempt of Court

 Article 129: Grants the Supreme Court the power to punish for its own contempt.
 Article 142(2): Enables the Supreme Court to investigate and punish any person for contempt.
 Article 144: Advises civil and judicial authorities to act in aid of the Supreme Court.
 Article 215: Grants high courts the power to punish for contempt of court.
  Section 10 of the Contempt of Court Act, 1971: Grants high courts the power to exercise jurisdiction,
power, and authority over contempt.
Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975
 Rule 3: Proceedings for contempt can be initiated:
 Suo motu (on its own motion)
 On a petition by the Attorney General or Solicitor General
 On a petition by a person, with the written consent of the Attorney General or Solicitor
General in the case of criminal contempt
Validity and Importance
 Continuity: Article 255 ensures the continuity of the Contempt of Court Act.
 Supreme Court's Position: The Supreme Court has upheld the act's constitutionality and emphasized its
importance for maintaining judicial authority and integrity.
Arguments Against Contempt of Court
1. Suppression of Freedom of Speech:
 Contempt laws may restrict freedom of speech and expression.
 Critics argue these laws could discourage open criticism and hinder public scrutiny, affecting
transparency and accountability.
2. Subjectivity and Ambiguity:
 Contempt laws can be subjective and open to interpretation.
 Lack of clear guidelines can lead to inconsistency and potential abuse of power.
3. Disproportionate Punishments:
 Punishments for contempt vary widely (fines to imprisonment).
 Critics argue that punishments may be disproportionate to the offense, leading to concerns about
excessive punishment and human rights violations.
4. Chilling Effect:
 Fear of contempt charges can discourage individuals from participating in or reporting on legal
proceedings.
 This may hinder public engagement and limit information flow.
5. Impediment to Fair Trials:
 Contemptuous behavior can disrupt trials and impact fairness.
 Critics argue that contempt laws should not suppress legitimate challenges or criticisms during a
trial.
Conclusion
  Contempt of court laws are essential for maintaining the authority and dignity of the judiciary.
 However, they should be applied judiciously to balance judicial integrity with freedom of speech and
fair criticism.
Contempt by Lawyers, Judges, State, and Corporate Bodies.

CONTEMPT OF COURT BY LAWYERS:

Uncourteous Conduct and Misconduct by Lawyers
 Insulting Conduct:
 Using insulting words against judges.
 Imposing scandalous allegations on judges.
 Hiding or suppressing facts and evidence to obtain favorable judgments.
 Actions like hurling a shoe at a judge or alleging partiality, bias, or unfairness by the judge.
 Advising Disobedience:
 Lawyers advising clients to disobey court judgments/orders are guilty of contempt.
 Non-Compliance with Court:
 Ignoring or refusing to answer court questions leads to contempt charges.
 Using intemperate or unparliamentary language in pleadings/arguments undermines court
dignity.
Examples of Contemptuous Behavior
 Disrespect and Threats:
 Being disrespectful to judges, questioning their authority, shouting, or losing temper in court.
 Threatening judges with impeachment or transfer.
 Using insulting or abusive language.
 Dictating judges to pass favorable judgments.
 Any actions that interfere with or obstruct the administration of justice.
Case Reference: In re Nandlal Balwani (1999)
 An advocate chanted slogans and hurled a shoe towards the court.
 This behavior was considered gross criminal contempt.
 The advocate's apology was rejected as insincere and an attempt to escape punishment.
False Allegations and Misconduct
 Accusations:
 Imposing false corruption allegations on judges.
 Accusing judges of unfairness in appeals to appellate courts.
  Dishonest Practices:
 Convincing clients to make false affidavits, documents, or give false testimony.
 Withholding client funds despite repeated requests.
 Practicing law without necessary qualifications.
CONTEMPT BY JUDGES, MAGISTRATES, OR OTHER PERSONS ACTING JUDICIALLY:
Contempt of Court Act, 1971 (Section 16)
 Judges, magistrates, and others acting judicially can be held liable for contempt of their own court or
any other court.
 Exceptions:
 Does not apply to remarks made by judges/magistrates about subordinate courts during pending
appeals or revisions.
Misconduct by Judges
 Judges who insult lawyers or parties to a case damage public trust and interfere with justice.
 Asking a counsel to leave the courtroom without reason amounts to contempt of court.
Constitutional Provisions
 Article 141: Supreme Court rulings are binding on all courts in India.
 Article 227: High Court rulings are binding on subordinate courts unless conflicting with Supreme
Court rulings.
Contempt by Subordinate Courts
 Ignoring or disobeying superior court judgments amounts to contempt.
 Deliberate disregard of High Court orders by subordinate courts can lead to contempt charges.
Judicial Misconduct
 Actions such as scandalizing, using abusive language, lowering court authority, interfering with
proceedings, or accepting bribes result in contempt.
Judicial Officers Protection Act, 1850
 Grants immunity to judicial officers acting in good faith within their jurisdiction.
Contempt Liability of State, Corporate Bodies, and Officers
 State/Officers/Ministers:
 Not immune from contempt liability.
 Rule 5, Order XXXIX, Code of Civil Procedure, 1908: Injunctions bind corporate
members/officers.
 Contempt proceedings can be initiated for wilful disobedience of court orders.
 Successor Officers:
  Bound by court orders against their predecessors; non-compliance leads to contempt.
 Corporations:
 Orders against corporations bind their officers and agents.
 Officers acting in disobedience are liable for contempt.
 Corporate Veil: Courts can lift the corporate veil to hold individuals responsible for contempt.
Company Liability
 If a company is guilty of contempt, all in-charge officers at the time are deemed guilty.
 Officers can avoid liability by proving lack of knowledge or efforts to prevent contempt.
Public Interest
 Contempt laws ensure proper administration of justice.
 Courts can penalize individuals using corporate structures to avoid compliance with court orders.

Strike by the Lawyers.

It also reveals the reasons why such call for strikes had been declared as unconstitutional and illegal by the
judiciary. The role of bar council of India and its duties for curbing the menace has also been discussed. Further,
the article deals about the multiple obstructions that affect the administration of justice by holding such strikes
and protests. The article also highlights the recommendations of law commission and its suggestions for
addressing the grievances of advocates so that equilibrium could be maintained in the legal system of the
country.

Judiciary is the third estate in a democracy where advocates are the officers of the courts who have certain
responsibilities that need to performed effectively while serving justice to the people but in recent years there
have been various instances when lawyers had called for strikes and protest which became the reason of conflict
between bar and bench. Despite various judgments by the apex courts, the lawyers have continued to go on
strikes. Lawyers who supposed to be the defenders of legal values, they themselves had breached the trust of the
court by defying the verdicts of Supreme Court. In between all these conflicts the consumer of justice is the real
sufferers who are being denied of their fundamental right of speedy trial guaranteed under Article 21 of the
Indian constitution.

Lawyer’s Right to strike – A Professional Misconduct

According to the constitutional perspective right to strike is a fundamental corollary conferred by part III of the
constitution under the right to freedom of association art 19(c) where a group of people upholding a common
interest can come together and demand of their rights. However freedom of association under art 19 is not an
absolute right, certain reasonable restrictions are imposed on it. Therefore one of the important question arises
in the legal profession is that do lawyers have the right to call for a strike. The Supreme Court and High courts
in its various verdicts had made it clear that Lawyer’s strike is illegal and necessary steps should be taken to
curb the growing tendency.

In the landmark judgment given by the supreme court in case of

Ex-Capt. Harish Uppal v Union of India and Another

[1] the Court held that lawyers have no right to go on strike or give a call for boycott, not even on a token strike.
The protest, if any is required, can only be by giving press statements, TV interviews, carrying out of court
premises banners and/or placards, wearing black or white or any color armbands, peaceful protest marches
outside and away from court premises, etc. In another landmark case,

Hussain v Union of India

[2] the court had clearly stated that the lawyers strike and suspension of the court is illegal and it is high time
that legal fraternity realizes its duty to the society which is foremost.

Advocates are bound to maintain rules on professional conduct and etiquettes which has been laid down in
chapter II part IV of the bar council of India Rules. Under this section, the advocates are abide by the certain
duties towards the court and their client. In Roman Services Pvt Ltd v Subhash Kapoor[3] the question was
when a lawyer goes for a strike call made by the association and boycotted the Court proceeding, whether his
litigant should suffer a penalty. It was held by the Court that when an advocate involves himself in strike there is
no obligation on the part of the Court to either wait or adjourn the case on that ground. It was held that advocate
has no right to boycott court proceedings on the ground that they have decided to go on a strike. In B.L.Wadhera
v State[4], the court held that if on the ground of strike a lawyer abstains from appearing in court then he is
conducting professional misconduct, a breach of contract, breach of trust and breach of professional duty.

Role of Bar Council of India

Section 4 of the advocates act 1961 mentioned about the establishment of Bar Council of India and further
section 7 explains about the function of BCI, wherein clause (b) conferees power to BCI to lay standards of
professional conduct and etiquettes of advocates[5]. according to verdicts of courts, the BCI should ensure that
lawyers should not involve in strikes and protest. However, there are instances where BCI itself had called
lawyers for strikes. The judgment pronounced in the case of Ex-Capt. Harish Uppal v Union of India and
Another[6] wherein the supreme court made it clear that “lawyers have no right to strike. No Bar Council or Bar
Association can permit calling of a meeting for purposes of considering a call for strike or boycott and
requisition. Only in the rarest of rare cases where the dignity, integrity, and independence of the Bar and/or the
Bench are at issue, courts may ignore to a protest abstention from work for not more than one day”. In
Krishnakant Tamrakar v State of Madhya Pradesh[7], the supreme court held that frequent strikes by lawyers
are illegal as they obstruct access to justice. The further court also observed that such actions amount to
contempt of court and office. In Common Cause a Registered Society v. Union of India and Others[8] in this
case it was held that, if any associations of advocates call for a strike, then the State Bar Council or the Bar
Council of India must take actions against those persons who call for strike In another case of Praveen Pandey
v. State of Madhya Pradesh and othrs[9] wherein the court held “the decision of the State Bar Council calling
upon the Advocates in the State to observe a week-long protest and to abstain from all judicial works and Court
proceedings is illegal, unconstitutional and against the statutory provisions as well as contrary to the judgments
of the Supreme Court”

Reasons for denying Lawyers the right to strike.

The fundamental duty of Judiciary is to serve people who are seeking justice for themselves and in order to do
so its very important that every branch of it must coordinate and cooperate with each other. Any deficiency in
the system would lead to the violation of the fundamental right to speedy trial guaranteed by article 21 of the
constitution. Therefore the call for a strike by lawyers has an adverse effect in the functioning of the judiciary.
The frequent protest and strikes interfere with the administration of justice that leads to delay in the trial of
cases and ultimately resulting in the pendency of cases. From time to time the supreme court in its various
judgments had resorted the right to strike by lawyers and directed the litigants to work efficiently for justice
without any failures.

The division bench comprising of justice AK Goel and UU Lalit in

Krishnakant Tamrakar v State of Madhya Pradesh

[10] stated “By every strike, irreversible damage is suffered by the judicial system, particularly consumers of
justice. They are denied access to justice. Taxpayers’ money is lost on account of judicial and public time being
lost. Nobody is accountable for such loss and harassment” In Hussain and Anr. v Union of India[11] the court
said “Hardships faced by witnesses if their evidence is not recorded on the day they are summoned or impact of
delay on under trials on account of avoidable interruptions of court proceedings is a matter of concern for any
responsible body of professionals and they must take appropriate steps. This needs the attention of all concerned
authorities and ways and means ought to be found to tackle this menace…Judicial services and legal services
are missions for serving society. The mission is not achieved if the litigant who is waiting in the queue does not
get his turn for a long time.”

Ex-Capt. Harish Uppal v Union of India and Another

[12] It is settled law that it is unprofessional as well as unbecoming for a lawyer who has accepted a brief to
refuse to attend Court even in pursuance of a call for strike or boycott by the Bar Association or the Bar
Council. It is settled law that Courts are under an obligation to hear and decide cases brought before it and
cannot adjourn matters merely because lawyers are on strike.

Solutions to the Grievances of lawyers:

The ban imposed on strikes by lawyers is justified as consequences of strikes were corroding the roots of the
judiciary. However, it is also important to safeguard the interest of the advocates, so that the functioning of the
legal system should be balanced. Section 7 clause (d) of the advocate's act 1961explains the functions of Bar
Council of India to safeguard the rights, privileges, and interest of advocates [13] therefore abiding by the rules
grievances of lawyers must be heard and further steps should be taken to tackle their issues that they are facing.

In 266th report of law commission of India a suggestion has been made that at every district headquarters, the
District Judge may constitute an Advocates’ Grievance Redressal Committee headed by a Judicial Officer which
will deal with the day to day routine matters, a large number of issues and grievances arise in the smooth
working of the advocates. In this regard, the High Court may issue a circular in an exercise of its power under
article 235 of the Constitution providing for redressal of grievances of the Advocates which will help in
improving their efficiency. In case there is some grievance against a Judicial Officer, the Bar may raise the
grievance before the Chief Justice of the concerned High Court.

taking these suggestions into consideration[14]. Taking these suggestions into consideration the grievances of
advocates can be construed to a greater extent that will ultimately help in curbing the menace of strikes by
lawyers.
. Extent of Professionalization of Legal Profession.

(a). Code of Ethics for Lawyers.

(b). Professional Misconduct and its Control.
(c). Bar-Bench Relations.
(d). Accountability of Lawyers towards Court, Clients, and Society.
(e). Role of Law and Legal Profession in Social Transformation.

Code of ethics for lawyers

Definition and Role of Advocates:

 In Indian law, an advocate is a specific subset of a lawyer who is authorized to practice in courts, as
established by the Advocates Act, 1961.

 Advocates must obtain a license and be registered with the State Bar Council.

 Their role includes providing legal counsel, representing clients in various forums, and maintaining high
ethical standards.
Ethics and Professional Conduct:

 Ethics in the legal profession involves understanding what is correct and choosing to do the right thing,
which can have complex and far-reaching consequences.

 Advocates are expected to act with integrity, honor, and to uphold the dignity of the legal profession.

 The Code of Ethics for Advocates is outlined in Chapter II, Part IV of the Bar Council of India (BCI)
Rules.

Key Ethical Principles:

1. Conduct in Court:

 Respect for courts and adherence to proper conduct, avoiding illegal or improper influence on
decisions.

 Advocates must prevent clients from engaging in unfair practices and ensure access to legal
assistance for those in need, even if they cannot afford it.

2. Conflict of Interests:

 Advocates must avoid situations where conflicts of interest arise and should not act in cases
where they or their associates have a direct interest.

 They should not accept briefs if they need to be a witness in the case, except for formal evidence.

3. Service Fees:

 Advocates are required to charge reasonable fees in line with their peers and should not set fees
based on case outcomes.

 They should not mix client funds with personal liabilities and must maintain clear and accurate
accounts of client funds.

4. Disclosure and Withdrawal:

 Full disclosure of any connections or interests that may affect client judgment is necessary.

 Advocates should not withdraw from a case without compelling reasons and sufficient notice,
and must return any unearned fees upon withdrawal.
 5. Social Conduct:

 Advocates must act with honesty and integrity in all dealings, both professional and personal.

 They should report any serious violations by other advocates to the relevant authorities and avoid
solicitation or inappropriate advertising.

Responsibilities and Obligations:

 Advocates have dual responsibilities to their clients and as officers of the court, requiring them to
balance confidentiality with professional duty.

 They must act with compassion, morality, and respect for the law, and should not misuse their position
for personal gain.

Professional Conduct Standards:

 Advocates should promote friendly collaboration between the bar and the bench, uphold the highest
standards of justice, and maintain fraternity within the profession.

 They must dress appropriately in court and avoid wearing legal attire outside court except on ceremonial
occasions.

a comprehensive overview of the ethical standards and professional conduct expected of advocates in India as
per the Advocates Act, 1961, and the BCI Rules. Advocates play a crucial role in the administration of justice
and must adhere to these principles to maintain the nobility and integrity of the legal profession.

Professional Misconduct and its Control.

Definition and Overview:

 Professional Misconduct: Acts unfit for the profession and against its ethics, involving intentional
unlawful gains.

 Black’s Dictionary Definition: Transgression of definite rules, improper behavior, not including
negligence or carelessness.

Attributes of a Profession:

1. Specialized knowledge or techniques.

 2. Formal training and experience.

3. Representative organization aiming for professionalism.

4. Ethical codes for conduct guidance.

5. Fees based on services, prioritizing service over monetary rewards.

Instances of Professional Misconduct:

 Dereliction of duty

 Professional negligence

 Misappropriation

 Changing sides

 Contempt of court and improper behavior before a Magistrate

 Furnishing false information

 Giving improper advice

 Misleading clients in court

 Not speaking the truth

 Disowning allegiance to the court

 Filing repetitive applications without informing previous rejections

 Suggesting bribery

 Coercing prosecution witnesses

Advocates Act, 1961:

 Section 35: Deals with professional misconduct. The State Bar Council can:

 Dismiss the complaint.

 Reprimand the advocate.

 Suspend the advocate.

  Remove the advocate’s name from the state roll.

Contempt of Court:

 Disobedience or disrespect towards the court or its officers.

 Punishment can include imprisonment and suspension from practice.

 In re Vinay Chandra Mishra: The court held that an advocate guilty of contempt may face up to six
years of imprisonment and suspension.

Landmark Judgments:

1. V.C. Rangadurai v. D. Gopalan:

 The court focused on correction rather than severe punishment.

 Delivered a deterrent yet compassionate judgment, considering the future of the accused.

2. J.S. Jadhav v. Musthafa Haji Muhammed Yusuf:

 Emphasized that offenders will be punished, creating a deterrent effect.

Conclusion:

 Advocacy is a noble profession requiring strict adherence to professional ethics.

 Instances of severe misconduct, including criminal behavior by advocates, highlight the need for stricter
regulations.

 The Bar Council should implement rigorous guidelines and conduct career guidance programs to ensure
ethical behavior and professionalism among advocates.

Professional misconduct in the legal profession can be effectively controlled through the implementation and
enforcement of statutes and regulations. In India, the Advocates Act, 1961 and the Bar Council of India (BCI)
play pivotal roles in this regard.

Advocates Act, 1961: The Advocates Act provides the primary legal framework for regulating the conduct of
advocates. Under Section 35, if an advocate is found guilty of professional misconduct, the disciplinary
committee of the State Bar Council can:

1. Dismiss the complaint if it lacks merit.

 2. Reprimand the advocate for minor infractions.

3. Suspend the advocate from practice for a period deemed fit.

4. Remove the advocate’s name from the roll of advocates in severe cases.

These measures act as both corrective and preventive mechanisms to ensure that advocates adhere to the ethical
standards of the profession.

Bar Council of India Rules: The BCI, under Section 49 of the Advocates Act, has the authority to frame rules
and standards for professional conduct and etiquette. These rules prohibit advocates from:

 Advertising or soliciting work.

 Charging fees for training or unauthorized services.

 Using personal communications or circulars for self-promotion.

Strict adherence to these rules helps maintain the integrity and dignity of the legal profession.

Contempt of Court: The law also addresses professional misconduct through the contempt of court provisions.
Acts of contempt, such as disrespectful behavior towards the court, can lead to severe penalties including
imprisonment and suspension of practice. Notably, in In re Vinay Chandra Mishra, the court emphasized that
advocates guilty of contempt may face up to six years of imprisonment and suspension, thereby underscoring
the seriousness of such misconduct.

Career Guidance and Development Programs: To prevent professional misconduct from the onset, the Bar
Council should implement comprehensive career guidance and development programs. These programs,
conducted immediately after enrolment, can educate new legal professionals on the ethical standards and
expectations of the profession, fostering a culture of integrity and professionalism.

Enhanced Background Checks: Ensuring that individuals entering the legal profession have no criminal
background is crucial. While the current guidelines stipulate that applicants must be free from criminal cases,
additional measures can include more rigorous background checks and continuous monitoring to detect any
emerging patterns of misconduct.

Disciplinary Mechanisms and Transparency: A robust and transparent disciplinary mechanism is essential for
addressing professional misconduct. The proceedings and outcomes of disciplinary actions should be publicly
accessible to serve as a deterrent to potential wrongdoers and to maintain public trust in the legal system.
In conclusion, controlling professional misconduct in advocacy requires a multi-faceted approach involving
strict enforcement of the Advocates Act, adherence to BCI rules, punitive measures for contempt of court,
preventive education programs, rigorous background checks, and a transparent disciplinary system. These
combined efforts can help uphold the ethical standards and noble stature of the legal profession.

Bar and bench relation.

The main objective of the judicial system is to attain justice for all parties involved and society at large. The Bar
(advocates) and the Bench (judges) are essential partners in achieving this goal. Their mutual respect and
diligent performance of duties are crucial for the effective functioning of the judicial system.

Key Case: Calabar East Cooperative Thrift & Credit Society Ltd. V. Ikot (1999)

The Supreme Court of Nigeria highlighted the duties of the Bar and Bench in this case, emphasizing that the
judicial process relies on each party presenting their case, with the judge adjudicating impartially.

Structure of the Court

 Bench: Where judges sit.

 Bar: Where advocates stand.

Duties of the Bench (Judges)

1. Patient Hearing:

 Judges must listen to both parties without bias and only form opinions after hearing all
arguments.

 Adequate opportunity should be given to advocates to present their case.

2. Impartiality:

 Judges must be impartial, avoiding favoritism towards friends or relatives.

 Decisions should be based solely on justice.

3. Avoidance of Interruptions:

 Judges should minimize interruptions during witness examinations and arguments.

  Interruption is only acceptable to prevent time wastage, check argument relevance, seek
clarifications, express opinions, or promote speedy case disposal.

4. Interpretation of Statutes:

 Courts must accurately interpret laws, regulations, and orders to resolve ambiguities and ensure
justice.

5. Avoidance of Unreasonable Adjournments:

 Cases should not be adjourned without valid reasons to prevent delays and hardships to parties.

6. Speedy Disposal:

 Judges should aim for swift case resolutions, as delayed justice is denied justice.

7. Avoiding Harsh Comments:

 Judges should refrain from making harsh comments about advocates’ knowledge and should not
unjustly dismiss advocates from the court.

8. Integrity:

 Judges should exhibit personal and intellectual integrity and maintain a commendable character.

9. Independence:

 Protecting the judiciary’s independence should be a primary duty.

10. Regular Meetings:

 Periodic meetings between judges and advocates can help address mutual difficulties and
improve relations.

Duties of the Bar (Advocates)

1. Respectful Attitude:

 Advocates must maintain respect towards the courts, acknowledging the judiciary’s role in
societal stability.

2. Prevention of Unfair Practices:

  Advocates should prevent clients from engaging in unfair practices concerning the court.

3. Non-Interference:

 Advocates should not use illegal or improper means to influence court judgments.

4. Dignity and Self-Respect:

 Advocates should maintain dignity and self-respect while presenting cases.

5. Assisting the Court:

 Advocates should help the court by clearly presenting relevant laws and facts.

6. Honesty:

 Advocates must not present false information to the court.

7. Avoiding Unnecessary Adjournments:

 Advocates should not request adjournments without sufficient reasons.

8. Professional Appearance:

 Advocates should dress appropriately in court and not wear court attire in public places.

9. Conflict of Interest:

 Advocates should avoid representing clients in cases where they have a monetary interest or hold
a significant position in the involved organization.

10. Non-Interruption:

 Advocates should not interrupt judges or opposing counsel unnecessarily.

Bar and Bench Relations

 Mutual respect between judges and advocates is crucial for maintaining a functional judicial system.

 Advocates should respect judges and vice versa, ensuring smooth case proceedings.

 Misconduct by either party can lead to contempt of court charges, damaging the justice system’s
integrity.
Landmark Cases

P.D. Gupta v. Ram Murti and Others:

 Advocates must be fair to clients, the court, and the opposite party, maintaining an uncorrupted justice
process.

Mahant Hakumat Rai v. Emperor:

 Advocates have the right to be heard and protest irregular procedures but must maintain professional
etiquette.

Conclusion

The effective functioning of the judicial system depends on the reciprocal adjustment of conduct by both the
Bar and the Bench. An independent and responsible Bar complements an independent judiciary, ensuring justice
for society. Regular communication and mutual respect between judges and advocates are key to maintaining
this balance.

Duties of an Indian Advocate Towards the Court, Client, Opponents, and Fellow Advocates

Advocate’s Duty Towards the Court

1. Act in a dignified manner: Advocates must maintain self-respect and dignity during court proceedings.
If there are serious complaints against a judicial officer, they should be reported to the proper authorities.

2. Respect the court: Respect for the court is essential for maintaining the dignity of the judicial office and
the survival of a free community.

3. No private communication: Advocates must not communicate privately with judges regarding pending
matters and must avoid influencing court decisions through illegal means.

4. Refuse illegal actions towards opposition: Advocates should refuse to engage in illegal or improper
actions against the opposing counsel or parties and must prevent their clients from such actions.

5. Refuse clients insisting on unfair means: Advocates should not represent clients who insist on using
unfair practices and must maintain dignity in their language and arguments.

6. Proper dress code: Advocates must appear in court wearing the prescribed dress code and be
presentable at all times.
 7. No appearance before related judges: Advocates should not practice before judicial authorities related
to them by family ties.

8. No bands or gowns in public: Advocates should wear their court attire only in courts or on ceremonial
occasions.

9. Avoid conflicts of interest: Advocates should not represent establishments where they have a
management role or any financial interest.

10. No surety for clients: Advocates should not stand as surety for their clients.

Advocate’s Duty Towards the Client

1. Accept briefs: Advocates should accept any brief they are qualified for and charge fees comparable to
their peers, except in special circumstances.

2. Not withdraw from service: Advocates should not withdraw from serving a client without sufficient
cause and proper notice, and must refund unaccrued fees upon withdrawal.

3. Avoid cases where they are witnesses: Advocates should not accept cases where they might be
witnesses and should withdraw if they foresee becoming a witness.

4. Full disclosure: Advocates must disclose any connections or interests that might affect their client's
judgment at the start and during their engagement.

5. Uphold client interests: Advocates must fearlessly uphold their client’s interests by fair means,
regardless of personal consequences.

6. No suppression of evidence: Advocates must not suppress evidence that could prove an accused’s
innocence.

7. Confidentiality: Advocates must not disclose client communications or advice unless legally required.

8. Avoid instigating litigation: Advocates should not promote unnecessary litigation.

9. Follow client’s instructions: Advocates should act only on their client's or authorized agent’s
instructions.

10. No contingent fees: Advocates should not charge based on the success of the case or a percentage of the
recovery.
 11. No interest in actionable claims: Advocates should not engage in trading or accepting shares in claims
from legal proceedings.

12. No property bids from legal proceedings: Advocates should not bid for or acquire property from legal
proceedings in which they are involved.

13. Maintain proper accounts: Advocates must keep detailed accounts of clients' money and ensure
transparency regarding fees and expenses.

14. Client notifications: Advocates must promptly inform clients about receipts of money and provide
account copies upon request.

15. No loans to clients: Advocates should not lend money to clients for legal proceedings.

16. No representation of opposing parties: Advocates should not represent opposing parties in the same
matter.

Advocate’s Duty Towards the Opponents

1. No direct negotiation: Advocates should not negotiate or communicate directly with the opposing party
but through their respective advocates.

2. Honour legitimate promises: Advocates should honour all legitimate promises made to the opposing
party, even if not in writing.

Advocate’s Duty Towards Fellow Advocates

1. No solicitation or advertisement: Advocates should not advertise or solicit work through improper
means.

2. Proper sign-boards: Advocates' sign-boards should be modest and not include past positions or
associations that suggest specializations.

3. No unauthorized practice promotion: Advocates should not support unauthorized law practices.

4. Accept reasonable fees: Advocates should not accept fees less than what can be taxed under rules if
clients can afford more.

5. Consent of fellow advocates: Advocates should obtain consent before appearing in a matter where
another advocate is already engaged for the same party. If consent is not possible, permission from the
court must be sought.
These duties emphasize the ethical and professional standards expected from advocates to ensure the
administration of justice is fair, transparent, and respectful towards all parties involved.

Role of Law and Legal Profession in Social Transformation.

Introduction

The law and the legal profession play a crucial role in shaping societies and driving social transformation. They
act as instruments for promoting justice, equality, and social welfare, thereby facilitating progressive change in
society. The dynamic interaction between law and society ensures that legal systems evolve in response to
societal needs, values, and aspirations.

Law as a Tool for Social Transformation

1. Promoting Social Justice and Equality

 Legislation: Laws are created to address social issues and promote justice. For instance, anti-
discrimination laws and affirmative action policies aim to eliminate social inequalities and
provide equal opportunities for marginalized communities.

 Judicial Activism: Courts play a proactive role in interpreting laws to protect fundamental rights
and promote social justice. Landmark judgments, such as those related to gender equality,
environmental protection, and human rights, have a profound impact on societal norms and
practices.

2. Protecting Rights and Freedoms

 Human Rights: Laws safeguard the rights and freedoms of individuals, ensuring that everyone
is treated with dignity and respect. Legal protections against torture, inhumane treatment, and
arbitrary detention are essential for maintaining a just society.

 Civil Liberties: Legal frameworks protect civil liberties such as freedom of speech, assembly,
and religion. These protections empower individuals to participate fully in societal and political
processes, fostering a culture of inclusivity and democratic governance.

3. Addressing Social Issues

  Public Health and Safety: Laws regulate public health and safety, ensuring that communities
have access to essential services and protections against health hazards. For example, regulations
on sanitation, vaccination, and food safety are vital for public well-being.

 Environmental Protection: Environmental laws aim to preserve natural resources and promote
sustainable development. Legal measures to combat pollution, conserve biodiversity, and address
climate change are critical for ensuring a healthy environment for future generations.

Legal Profession's Contribution to Social Transformation

1. Advocacy and Representation

 Legal Aid and Access to Justice: Lawyers provide legal aid and representation to marginalized
and vulnerable groups, ensuring that everyone has access to justice regardless of their socio-
economic status. Pro bono services and legal aid clinics are essential for bridging the justice gap.

 Public Interest Litigation: The legal profession advocates for public interest through litigation
aimed at addressing broader societal issues. Public interest litigation has been instrumental in
bringing about significant changes in areas such as human rights, environmental protection, and
consumer rights.

2. Law Reform and Policy Development

 Legislative Drafting and Reform: Legal professionals contribute to the drafting and reform of
laws to reflect contemporary societal values and needs. Their expertise ensures that legal
frameworks are effective, just, and responsive to changing social dynamics.

 Policy Advocacy: Lawyers and legal organizations engage in policy advocacy to influence
legislative and regulatory changes. They provide critical analysis and recommendations to
policymakers, driving reforms that promote social welfare and justice.

3. Education and Awareness

 Legal Education: Legal education plays a pivotal role in social transformation by preparing
future lawyers to uphold the principles of justice and equity. Law schools instill values of
professionalism, ethics, and social responsibility in their students.
  Public Legal Education: Legal professionals engage in public legal education to raise
awareness about legal rights and responsibilities. Educating the public about the law empowers
individuals to advocate for their rights and contribute to societal change.

Conclusion

The law and the legal profession are fundamental to social transformation. By promoting justice, protecting
rights, addressing social issues, and driving legal reforms, they help shape a fair and equitable society. The
ongoing efforts of legal professionals in advocacy, representation, policy development, and education ensure
that the legal system remains a powerful catalyst for positive social change