PROFESSIONAL ETHICS

UNIT –I: Legal Profession in India

 Evolution and Development of Legal Profession in India
 Legal Education and Legal Profession in India
UNIT-II: Professional Ethics
 Nature and Scope of Professional Ethics
 Standards of Professional Conduct and Etiquettes: Rights and Duties of Lawyers
 Punishment for the Breach
UNIT-III: Institution and Statute Regulating Professional Ethics
 The Advocates Act, 1961
 The Bar Council of India Rules
 The Role of Bar Council of India and State Bar Councils
UNIT-IV: Conduct of Advocates and Disciplinary Proceedings
 Professional Misconduct and Judicial Responses
 Strikes and Boycott of Courts by the Lawyers
UNIT-V: Contempt of Court
 Meaning and Purpose of Contempt
 Contempt of Courts Act, 1971

1. Evolution of legal profession in India.

2. Qualities of a lawyer.
3. Seven lamps of advocacy.
4. Legal education and legal profession.
5. Professional ethics- nature and scope.
6. Standards of prof. ethics and etiquette.
7. Duty of the advocate.
8. Advocates act
9. Composition, powers, function of bar councils.
10. Enrolment of advocates.
11. Types of advocates.
12. Professional misconduct- punishment, time frame.
13. Procedure- nature – quasi criminal.
14. Cases on prof. misc.
15. Strikes and boycotts.
 16. Law teacher cannot take up simultaneously. Law teaching 3 hours can be taken by
advocates.
17. Contempt of court – civil and criminal.
18. Punishment for contempt- fine is the rule.
19. Jurisdiction of court and Bar on matters of professional misconduct.

PYQs
1. Characteristics of a good lawyer. “Seven Lamps of Advocacy” as laid down by Judge
Edward Abott Parry.
2. Duties of an Advocate towards his Client/court/collegues in the light of Standards of
Professional Conduct and Etiquettes Rules.
3. Define contempt of Court? What are the types of Contempt of Court? Discuss about
contempt of court jurisdiction of courts of law in India in the light of recent judgments
of Supreme Court of India.
4. nature of Professional Misconduct Proceedings against an advocate? Discuss the
nature and characteristics of Professional Misconduct cases and the procedure to be
followed by the Disciplinary Committee of Bar Council of States or Bar Council of
India as laid down under the Advocates Act, 1961 and judicial precedents.
5. Elaborate the evolution and development of Legal Profession in India.
6. Whether an advocate has right of lien on case files entrusted to him by his client?
Discuss in the light of case of P. D. Gupta v. Ram Murti.
7. Write a short note on Admission and Enrolment of Advocates in India.
8. Discuss the policy/composition/various functions of Bar Council of India.
9. short note on Legal Education in India.
10. short note on the various punishments mentioned under the Advocates Act, 1961 in
cases of professional misconduct.
11. Salient features of the Contempt of Courts Act, 1971.
12. short note on Strikes and Boycott of Courts by Lawyers. Ex-Captain harish Uppal v.
Union of India.
13. difference between Civil and Criminal Contempt.
14. a short note on the relationship between Ethics and Dharma.
15. Defences available to contemner.
16. Appeal against DC’s decision.
17. The credibility and reputation of the profession depends upon the manner in which the
members of the profession conduct themselves. Discuss this statement keeping in
mind Shambhu Ram Yadav v Hanuman Das Khatry.
Who is a lawyer?
 As per Oxford Black’s Law Dictionary: A lawyer is:
A person learned in the law as an attorney, councillor, or solicitor; a person who is
practicing law.
 “One versed in the law; a member of the legal profession, one whose business it is to
conduct suits in the courts, or to advise clients, in the widest sense embracing every
branch of the profession, though in colloquial use often limited to attorneys and
solicitors.”
 A Lawyer is a person who has a degree in law and has got himself enrolled in the bar.
Well conversant with the provisions of the law.
What is the duty of a lawyer?
When a client comes to a lawyer, he has to understand the issue, apply the relevant legal
provisions, and then suggest the client the possible legal remedies that can be availed by the
client. A lawyer is also supposed to help his client in seeking justice before the court of law
while also assisting the court in reaching the decision by advancing the arguments for and
against the issue.
Profession
 Commissioner of Inland Revenue v. Maxse 1919 KB 647 Justice Scrutton defines,
“profession” in the present use of language involves the idea of an occupation
requiring either purely intellectual skill or manual skill controlled, as in painting and
sculpture, or surgery, by the intellectual skill of the operator as distinguished from an
occupation that is substantially the production or sale or arrangements for the
production or sale of commodities.
 Rupert and Jackson and John L Powell—“Jackson and Powell on Professional
Negligence”— 4 imp. characteristics of a profession:
1. Nature of the work, i.e., skilled and specialised, intellectual, the major work is
mental rather than manual.
2. Commitment of moral principles which go beyond the general duty of honesty
and wider duty to the community which may transcend the duty to a particular
client or patient.
3. Professional association which regulates admission and seeks to uphold the
standards of the profession through professional courts on matter of conduct and
ethics.
4. Every profession receives high status in the community.
Examples: Architects, engineers, quantity surveyors, surveyors, accountants,
solicitors, barristers, medical practitioners, and insurance brokers.
 Indian Medical Association v. VP Shantha, AIR 1996 SC 550—The distinguishing
feature of being a professional is that the professional man should possess a certain
min. degree of competence, and they should exercise a certain level of care in
discharge of their duty.

What is the importance of Lawyers in society?

  In every society, disputes are bound to occur. To decide on disputes, lawyers are
needed.
 Prof. Madhav Menon- law as a profession has an imp role in fulfilling constitutional
goals and obligations, it has the duty to direct and moderate social change by acting as
the conscience keeper of society.
 Adversarial system—determination done by courts of law. Lawyers help the courts in
deciding. The case is based on f&c, law is applied, and evidence and arguments are
presented on the basis of which the court decides. The court is not governed by the
public perception. Practiced in common law countries.
Role of lawyer in an adversarial system
 Queen v. Daniel O Connell 1884 7 ILR 261- Justice Crampton—the advocate is
representative but not a delegate he gives to his client the benefit of his learning, of
his talent, and his judgment but all through, he should never forget what he owes to
himself and to others, he will not knowingly mistake the law, wilfully misstate the
facts, though it will gain an edge for his client. He will ever bear in mind that if
inadept…..truth and justice will not prevail.
 Lon L. Fuller & John D. Randall “Professional Responsibility: Report of the
Joint Conference” 44 ABAJ 1159 (1958)—3 roles of a lawyer—
 Primary principle of advocacy- The lawyer appearing as an advocate before a tribunal
presents, as persuasively as he can, the facts and the law of the case as seen from the
standpoint of his client's interest.
 lawyer's role into three categories of services the lawyer provides society with
important distinctions noted within these categories.
1. The first category deals with the lawyer as the designer of the framework of
collaborative effort.
2. Second category deals with the lawyer's opportunities and obligations of public
service.
3. Third category deals with the lawyer's work in the administration and
development of the law. It is subdivided into the lawyer's role as advocate and as
counselor.
Essential qualities of a lawyer
 Sir Edward Abbot Perry’s article- “The Seven Lamps of Advocacy” (1923)-
highlighted the basic characteristics of becoming a good advocate.
 1st lamp— honesty. Every adv must be honest towards his client. Privileged
communication—communication cannot be produced in court as evidence. It is a
relationship of trust, faith, and confidence. Must act with fairness, honesty, and
integrity. Unless the client tells the adv what the legal problem is, the adv will not be
able to solve it. In order to protect this communication, the adv must be honest.
Disclosures by the client should not be shared by the adv with anyone, not even his
family. E.g., A Matrimonial dispute, making it a matter of gossip not desirable.
 2nd lamp— courage. Every adv must be able to put the claims of the client without
fear of favour. Make best efforts to protect the interest of the client. Adv are officers
of court, thus are duty bound to do it.
  3rd lamp—industry. Deep insight on diff. social issues, as well as an updated
knowledge of laws and judicial decisions. These are essential to become a good
lawyer. New developments in law take place every day. A lawyer has to be updated
with all these developments.
 4th lamp & 5th lamp—wit and eloquence. Wit is the ability to use words in a clever
and amusing way. E.g., judgments of J. Krishna Iyer. To convince the judge and get
justice. Eloquence is fluent or persuasive speaking or writing skills. Eloquence
matters in the court of law. First impression goes from the pleadings (plaint, writ
petition, ws). Speaking skills must be impressive, reasonable, and honourable. Cite
examples, analogies, humorous observations (lightens the moment).
 6th lamp—judgment. The adv after listening to the client should judge the outcome
of the case. Judgment is the ability to identify the problem and identify the solution, it
totally depends upon adv’s knowledge. Good knowledge gets the relief to the client.
 7th lamp—fellowship. Good relations btw bar and bench. Senior adv should be
respected by all the advocates. Develop a feeling of fraternity. Jealousy should not be
in bad or negative spirit, but in a competitive spirit. Reputation, good or bad, precedes
you.

How to become a good lawyer?

1. Will power and determination to succeed—political and caste considerations,
experience of the adv, personal biases of the clients determine which adv he will
choose for his case. Advocacy is not a piece of cake. There are so many advocates but
not that much clients. Thus, there is a competition for clients. Thus, will power and
determination to succeed is essential.
 2. Hard work—on day-to-day basis. Court hours, client meeting time, and preparation
for next day’s proceedings (drafting work, readings).
3. Time management—manage professional and personal life.
4. Concentration—on every case. Losing numerous cases brings bad reputation. Even if
can’t win client’s case, at least shouldn’t bring any negative.
5. Speedy reading and writing skills—
6. Continuous self-improvement—just getting a degree and enrolling with the bar is
not enough. Have to read judgments, books, and legislation, to improve every day.
Maturity should reflect in your personality.
7. Clear strategy and persuasive style—whenever you put the case before court, do it
in persuasive and respectful manner.
8. No gossips—will waste time. It is used as a tactic by other lawyers to bring a good
lawyer down. should not compromise your time.
9. Healthy relation in family—with parents, spouse, kids, other family member. Non-
satisfaction with family relations will reflect in your profession also. Frustration will
show up.

Ethics? How is ethics related to ‘legal profession?

 Greek word “Ethos,” which means “character.”
 Main objective of ethics is to create self-awareness or knowledge among human
beings for the purpose of distinguishing between good or desirable and bad or
undesirable behaviour in society.
 Dos and don’ts.
 How one should behave, determined by the members of the collective, which may be
society, family, profession, based on morality.
 Within society, principles of morality or ethical values may be developed.
 Ethical values are those values which give a benchmark or standard that these values
need to be complied with, and every person residing in the society should achieve
these.
 Ethical values change with space and time.
 Many thefts in plain areas than hilly areas  ethical values in plain areas have
deteriorated. Moral principles of people of hilly areas in high, there may be social
stigma, and ex-communication.
 Socrates— “Human beings have a leaning towards doing positive and desirable things
therefore, it is necessary to train people about ethics or ethical values.”
 Self-realization about right or wrong is the key of personal happiness and key to
development of a society.
Importance of Ethics for Lawyers
1. Upholding the Rule of Law and Access to Justice – “…an independent legal
profession is integral to upholding the rule of law. Whereas adequate protection of
human rights and fundamental freedoms to which all persons are entitled, be they
economic, social and cultural, or civil and political, requires that all persons have
 effective access to legal services provided by an independent legal profession.”-
Preamble to the UN Basic Principles on the Role of Lawyers. If lawyers do not adhere
to, and promote, principles of justice, fairness and equity, the law itself is brought into
disrepute and public confidence in the law will be undermined, thereby hindering
access to justice. Therefore, the legal profession has a huge responsibility within
society as upholders of the rule of law, and protectors of individual rights against
abuses of power.
2. Maintaining the Reputation of the Legal Profession - “Lawyers shall at all times
maintain the honour and dignity of their profession as essential agents of the
administration of justice.” Principle 12 of the UN Basic Principles on the Role of
Lawyers. A profession’s collective reputation is crucial to the confidence it inspires.
The reputation of the legal profession is linked to how the public views the
administration of justice. Where there is no public confidence in the legal profession,
trust in the justice system itself is undermined.
3. Accountability- If ethical standards exist and clearly define the duties of lawyers,
they can be brought to account where they fall short of these standards. In order to
achieve accountability, it is also important to ensure that rules of ethics, once
developed, are publicised amongst the legal profession and the public. To ensure that
ethics are enforceable, the legal profession should also put in place effective
disciplinary procedures.
The foundation of legal empowerment is based on four strong pillars — access to justice and
the rule of law, labour rights, property rights, and business rights. Legal ethics is the fifth and
most important pillar of legal empowerment, and young law professionals play a critical role
in shaping the legal sphere’s future by abiding by the code of ethics and incorporating timely
changes.

Relationship between Ethics and ‘Dharma’

 Dharma- duties imposed by law of nature, instead of man-made laws. Ethical values,
principles, codes of conduct.
 Source of this concept of dharma was natural law.
 Determined with respect to a prudent reasonable man.
 Kinship was prevalent at that point of time; king was guided by principles of dharma.
 In Hindu mythology, Ramayana, Ram had to be separated from Sita. Eye for eye,
blood for blood prevailed.
 Related to moral and ethical values.
Relationship between ethical values and law
 Ethics comes first, law follows.
 S. 125 CrPC, maintenance of wife.
 Homosexuality.
 Art. 51 Fundamental duties. Even if these were not given in the constitution, people
were supposed to follow it.
 Right to equality.
  Right to freedom.
 All these things are recognition of ethical values only.
 Special laws are there for marginalised section of the society.
 Cultural and educational rights.
 Right to constitutional remedies.
 DPSPs.
 POSH Act 2013.
 DV Act 2005.
 POCSO Act 2012.
 CVC.
 Lokpal & Lokayukta.
 RTI Act.
 Protection of Whistleblowers Act.

NATURE AND SCOPE OF PROFESSIONAL ETHICS

 Professionals are supposed to adhere to the highest standards of ethics.
 Follow the ethical and moral values enshrined in the rules and regulations of the
profession.
 The legal profession is considered to be a noble one. As a result, a vital component of
this profession is adapting one’s actions and behaviours to a particular set of
professional norms.
 They Lawyers have a duty of care because of the fiduciary character of the client-
lawyer relationship.
 It is pre-emptive or a prerequisite for a lawyer to be professional and follow the
etiquette prescribed by the Bar Council of India.
 This is due to the fact that a lawyer must retain their composure when handling a
range of scenarios in order to protect the honour and integrity of the legal profession.
 The main goals of following professional conduct and proper etiquette are to maintain
a cordial relationship between the bar and the bench and to uphold the poise of legal
professionalism which is very important as a legal professional.
 The Advocates Act, 1961 gives power to the Bar Council of India to make rules
regarding the etiquette to be followed in a courtroom, and rules on the advocate’s duty
towards their client, opponents and fellow advocates. The rules can be found in
Chapter II, Part VI of Bar Council of India Rules.
 Standards of Professional Conducts and Etiquettes Rules u/s 49(1)(c) of
Advocates Act. Section 49(1) (c) invites the Bar Council of India to take
responsibility for establishing the standards of appropriate behaviour and decorum for
the advocates to follow.
  Preamble of the rules provides:

 Arguments should not be scandalous or defamatory. They must be based on reasons.

 Cannot behave like a lay man when in his professional capacity.
 “Privileged member of the community”

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner
During the presentation of his case and also while acting before a court, an advocate should
act in a dignified manner. He should at all times conduct himself with self-respect. However,
whenever there is proper ground for serious complaint against a judicial officer, the advocate
has a right and duty to submit his grievance to proper authorities.
2. Respect the court
An advocate should always show respect towards the court. An advocate has to bear in mind
that the dignity and respect maintained towards judicial office is essential for the survival of a
free community.
3. Not communicate in private
An advocate should not communicate in private to a judge with regard to any matter pending
before the judge or any other judge. An advocate should not influence the decision of a court
in any matter using illegal or improper means such as coercion, bribe, etc.
4. Refuse to act in an illegal manner toward the opposition
An advocate should refuse to act in an illegal or improper manner toward the opposing
counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his
client from acting in any illegal, improper manner or using unfair practices in any matter
towards the judiciary, opposing counsel, or the opposing parties. (No bribe).
5. Refuse to represent clients who insist on unfair means
An advocate shall refuse to represent any client who insists on using unfair or improper
means. An advocate shall excise his own judgment in such matters. He shall not blindly
follow the instructions of the client. He shall be dignified in use of his language in
correspondence and during arguments in court. He shall not scandalously damage the
reputation of the parties on false grounds during pleadings. He shall not use unparliamentary
language during arguments in the court.
Avoid scrupulous attacks and pleadings and should not use intemperate language.
6. Appear in proper dress code
An advocate should appear in court at all times only in the dress prescribed under the Bar
Council of India Rules and his appearance should always be presentable.
7. Refuse to appear in front of relations
An advocate should not enter an appearance, act, plead or practice in any way before a
judicial authority if the sole or any member of the bench is related to the advocate as father,
grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother,
daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law
daughter-in-law or sister-in-law.
8. Not to wear bands or gowns in public places
An advocate should not wear bands or gowns in public places other than in courts, except on
such ceremonial occasions and at such places as the Bar Council of India or as the court may
prescribe.
9. Not represent establishments of which he is a member
An advocate should not appear in or before any judicial authority, for or against any
establishment if he is a member of the management of the establishment. This rule does not
apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar
Council, Incorporated Law Society or a Bar Association.
10. Not appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which he has financial interests. For
instance, he should not act in a bankruptcy petition when he is also a creditor of the bankrupt.
He should also not accept a brief from a company of which he is a Director.
11. Not stand as surety for client
An advocate should not stand as a surety, or certify the soundness of a surety that his client
requires for the purpose of any legal proceedings.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs
An advocate is bound to accept any brief in the courts or tribunals or before any other
authority in or before which he proposes to practise. He should levy fees which is at par with
the fees collected by fellow advocates of his standing at the Bar and the nature of the case.
Special circumstances may justify his refusal to accept a particular brief.
2. Not withdraw from service
An advocate should not ordinarily withdraw from serving a client once he has agreed to serve
them. He can withdraw only if he has a sufficient cause and by giving reasonable and
sufficient notice to the client. Upon withdrawal, he shall refund such part of the fee that has
not accrued to the client.
3. Not appear in matters where he himself is a witness
An advocate should not accept a brief or appear in a case in which he himself is a witness. If
he has a reason to believe that in due course of events, he will be a witness, then he should
not continue to appear for the client. He should retire from the case without jeopardizing his
client’s interests.
4. Full and frank disclosure to client
An advocate should, at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosure to his client relating to his connection with
the parties and any interest in or about the controversy as are likely to affect his client’s
judgement in either engaging him or continuing the engagement.
E.g., advocate on opposite side is the spouse of the advocate in this side.
5. Uphold interest of the client
It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and
honourable means. An advocate shall do so without regard to any unpleasant consequences to
himself or any other. He shall defend a person accused of a crime regardless of his personal
opinion as to the guilt of the accused. An advocate should always remember that his loyalty is
to the law, which requires that no man should be punished without adequate evidence.
6. Not suppress material or evidence
An advocate appearing for the prosecution of a criminal trial should conduct the proceedings
in a manner that it does not lead to the conviction of the innocent. An advocate shall by no
means suppress any material or evidence, which shall prove the innocence of the accused.
7. Not disclose the communications between client and himself
An advocate should not by any means, directly or indirectly, disclose the communications
made by his client to him. He also shall not disclose the advice given by him in the
proceedings. However, he is liable to disclose if it violates Section 126 of the Indian
Evidence Act, 1872
s. 126 of IEA, 1872  no barrister, attorney, pleader, or vakil shall be permitted to disclose
communications made by his client or advice given by him in the course of his employment
except if there is an illegal purpose or showing a crime or fraud after commencement of his
employment.
Breach happens only when the privileged communication has been disclosed by the advocate
before the public or specifically before the court.
8. An advocate should not be a party to stir up or instigate litigation.
9. An advocate should not act on the instructions of any person other than his client or
the client’s authorised agent.
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter
undertaken. He also shall not charge for his services as a percentage of the amount or
property received after the success of the matter.
11. Not receive interest in actionable claim
An advocate should not trade or agree to receive any share or interest in any actionable claim.
Nothing in this rule shall apply to stock, shares, and debentures of government securities, or
to any instruments, which are, for the time being, by law or custom, negotiable or to any
mercantile document of title to goods.
12. Not bid or purchase property arising of legal proceeding
An advocate should not by any means bid for, or purchase, either in his own name or in any
other name, for his own benefit or for the benefit of any other person, any property sold in
any legal proceeding in which he was in any way professionally engaged. However, it does
not prevent an advocate from bidding for or purchasing for his client any property on behalf
of the client, provided the Advocate is expressly authorised in writing on this behalf.
13. Not bid or transfer property arising of legal proceedings
An advocate should not by any means, directly or indirectly, bid in court auction or acquire
by way of sale, gift, exchange, or any other mode of transfer (either in his own name or in
any other name for his own benefit or for the benefit of any other person), any property which
is the subject matter of any suit, appeal or other proceedings in which he is in any way
professionally engaged.
14. Not adjust fees against personal liability
An advocate should not adjust fee payable to him by his client against his own personal
liability to the client, which does not arise in the course of his employment as an advocate.
15. An advocate should not misuse or takes advantage of the confidence reposed in him
by his client.
16. Keep proper accounts
An advocate should always keep accounts of the clients’ money entrusted to him. The
accounts should show the amounts received from the client or on his behalf. The account
should show along with the expenses incurred for him and the deductions made on account of
fees with respective dates and all other necessary particulars.
17. Divert money from accounts
An advocate should mention in his accounts whether any monies received by him from the
client are on account of fees or expenses during the course of any proceeding or opinion. He
shall not divert any part of the amounts received for expenses as fees without written
instruction from the client.
18. Intimate the client on amounts
Where any amount is received or given to him on behalf of his client, the advocate must
without any delay intimate the client of the fact of such receipt.
19. Adjust fees after termination of proceedings
An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to
him from the account of the client. The balance in the account can be the amount paid by the
client or an amount that has come in that proceeding. Any amount left after the deduction of
the fees and expenses from the account must be returned to the client.
20. Provide copy of accounts
An advocate must provide the client with the copy of the client’s account maintained by him
on demand, provided that the necessary copying charge is paid.
21. An advocate shall not enter into arrangements whereby funds in his hands are
converted into loans.
22. Not lend money to his client
An advocate shall not lend money to his client for the purpose of any action or legal
proceedings in which he is engaged by such client. An advocate cannot be held guilty for a
breach of this rule, if in the course of a pending suit or proceeding, and without any
arrangement with the client in respect of the same, the advocate feels compelled by reason of
the rule of the Court to make a payment to the Court on account of the client for the progress
of the suit or proceeding.
23. Not appear for opposite parties
An advocate who has advised a party in connection with the institution of a suit, appeal or
other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the
opposite party in the same matter.

RULES ON ADVOCATE’S DUTY TO OPPONENTS

1. Not to negotiate directly with opposing party
An advocate shall not in any way communicate or negotiate or call for settlement upon the
subject matter of controversy with any party represented by an advocate except through the
advocate representing the parties.
2. Carry out legitimate promises made
An advocate shall do his best to carry out all legitimate promises made to the opposite party
even though not reduced to writing or enforceable under the rules of the Court.

RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES /

COLLEAGUES
1. Not advertise or solicit work
An advocate shall not solicit work or advertise in any manner. He shall not promote himself
by circulars, advertisements, touts, personal communications, interviews (other than through
personal relations), furnishing or inspiring newspaper comments, or producing his
photographs to be published in connection with cases in which he has been engaged or
concerned.
2. Sign-board and Name-plate
An advocate’s sign-board or name-plate should be of a reasonable size. The sign-board or
name-plate or stationery should not indicate that he is or has been President or Member of a
Bar Council or of any Association or that he has been associated with any person or
organisation or with any particular cause or matter or that he specialises in any particular type
of work or that he has been a Judge or an Advocate General.
3. Not promote unauthorized practice of law
An advocate shall not permit his professional services or his name to be used for promoting
or starting any unauthorised practice of law by any law agency.
4. An advocate shall not accept a fee less than the fee, which can be taxed under rules
when the client is able to pay more.
5. Consent of fellow advocate to appear
An advocate should not appear in any matter where another advocate has filed a vakalatnama
or memo for the same party. However, the advocate can take the consent of the other
advocate to appear.
In case, an advocate is not able to present the consent of the advocate who has filed the
matter for the same party, then he should apply to the court for appearance. He shall, in such
application, mention the reason as to why he could not obtain such consent. He shall appear
only after obtaining the permission of the Court.

Regulatory Authorities wrt the Legal Profession- Chapter II- BAR COUNCILS
STATE BAR COUNCILS – S. 3
Composition – s. 3
 S. 3(2)(a)
o In the State Bar Council of Delhi, the Additional Solicitor-General of India, ex
officio;
o In the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram
and Nagaland, the Advocate-General of each of the States of Assam, Arunachal
Pradesh, Mizoram and Nagaland ex officio.
o In the case of the State Bar Council of Punjab and Haryana, the Advocate-
General of each of the States of Punjab and Haryana, ex officio.
o In the case of any other State Bar Council, the Advocate-General of the State,
ex officio.
 S. 3(2)(b)
o if electorate is upto 5000—15 members.
 o if electorate is 5000-10000—20 members.
o if electorate is >10000—25 members.
o one-half of such elected members shall be persons who have for at least ten
years been advocates on a State roll, and in computing the said period of ten
years in relation to any such person, there shall be included any period during
which the person has been an advocate enrolled under the Indian Bar Councils
Act, 1926.
 S. 3(3)
o Chairman and Vice-Chairman of each State Bar Council elected by the
Council.
 S. 3(4)
o advocate shall be disqualified from voting at an election under sub-section
(2) or for being chosen as, and for being, a member of a State Bar Council,
unless he possesses such qualifications or satisfies such conditions as may be
prescribed in this behalf by the Bar Council of India, and subject to any such
rules that may be made, an electoral roll shall be prepared and revised from
time to time by each State Bar Council.
o Guilt of the delinquent advocate proved, does not have valid license, license
has been suspended.

BAR COUNCIL OF INDIA – S. 4

 S. 4(1)—members
o the Attorney-General of India, ex officio;
o the Solicitor-General of India, ex officio;
o one member elected by each State Bar Council from amongst its members.
 S. 4(1A)—eligibility for being elected as a member of BCI- must possess
qualification specified in s. 3(2).
 S. 4(2)—Chairman and Vice-Chairman elected by the Council.
 S. 4(3) term of office of the members of BCI elected by State Bar Council -
o in the case of a member of a State Bar Council who holds office ex officio, the
term shall be two years from the date of his election, or till he ceases to be a
member of the State Bar Council, whichever is earlier.
o in any other case, the term shall be for the period for which he holds office as
a member of the State Bar Council.
o Every such member shall continue to hold office as a member of the Bar
Council of India until his successor is elected.

Bar Council to be body corporate – s. 5

 Every Bar Council shall be a body corporate having perpetual succession and a
common seal, with power to acquire and hold property, both movable and immovable,
and to contract, and may be the name by which it is known sue and be sued.
FUNCTIONS OF STATE BAR COUNCILS – s. 6
i. to admit persons as advocates on its roll.
ii. to prepare and maintain such roll. (it is a continuous process and the names of new
advocated need to be entered in the rolls of the registers).
iii. to entertain and determine cases of misconduct against advocates on its roll. (Cases of
professional misconduct, Disciplinary Committee of the SBC takes cognisance, and
determine whether misconduct is made out or not and impose punishment as per s.
35).
iv. to safeguard the rights, privileges and interests of advocates on its roll. (action taken
by the SBC, so that the rights, privileges, and interests of advocates can be protected.
COVID vaccination camp, parking facilities, allotment of chambers).
v. to promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes given under s. 6(2)(a) and 7(2)(a). (initiate
welfare schemes for the advocates).
vi. to promote and support law reform. (Opinion of the bar councils is taken by the
Ministry of Law and Justice).
vii. to conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and papers of legal interest.
viii. to organise legal aid to the poor in the prescribed manner.
ix. to manage and invest the funds of the Bar Council. (parking facilities, internet
services, etc. are provided using these funds).
x. to provide for the election of its members.
xi. to visit and inspect Universities in accordance with the directions given under s. 7(1)
(i). (Legal education is being provided in a fair manner and all basic amenities are
being provided to the students, infrastructure, permanent faculty).
xii. to perform all other functions conferred on it by or under this Act.
xiii. Constitution of Funds – s. 6(2)
 A State Bar Council may constitute one or more funds for the purpose of—
a) giving financial assistance to organise welfare schemes for the indigent, disabled or
other advocates;
b) giving legal aid or advice in accordance with the rules made in this behalf;
c) establishing law libraries. (Must be well equipped and resourceful with online modes
as well).
 6(3)- State Bar Council may receive any grants, donations, gifts or benefactions for all
or any of the purposes states above, which shall be credited to the appropriate fund or
funds constituted under that sub-section.

FUNCTIONS OF THE BCI – S. 7

i. to lay down standards of professional conduct and etiquette for advocates.
ii. to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council.
iii. to safeguard the rights, privileges, and interests of advocates.
iv. to promote and support law reform.
 v. to deal with and dispose of any matter arising under this Act, which may be referred
to it by a State Bar Council.
vi. to exercise general supervision and control over State Bar Councils.
vii. to promote legal education and to lay down standards of such education in
consultation with the Universities in India imparting such education and the State Bar
Councils.
viii. to recognize Universities whose degree in law shall be a qualification for enrolment as
an advocate and for that purpose to visit and inspect Universities or cause the State
Bar Councils to visit and inspect Universities in accordance with such directions as it
may give in this behalf.
ix. to conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and papers of legal interest.
x. to organise legal aid to the poor in the prescribed manner.
xi. to recognise on a reciprocal basis, foreign qualifications in law obtained outside India
for the purpose of admission as an advocate under this Act.
xii. to manage and invest the funds of the Bar Council.
xiii. to provide for the election of its members.
xiv. to perform all other functions conferred on it by or under this Act.
xv. to do all other things necessary for discharging the aforesaid functions.
xvi. S. 7(2) constituting funds
xvii. S. 7(3) receiving gifts, donations, grants, or benefactions.

Terms of office of the members – s. 8  5 years

Constitution of Special Committee in the absence of election – s. 8A
 State Bar Council failed to conduct the election before the expiry of the term of 5
years, then BCI shall constitute a Special Committee consisting of:
o ex officio member of the State Bar Council.
o two members to be nominated by the Bar Council of India from amongst
advocates on the electoral roll of the State Bar Council.
 On the constitution of the Special Committee and until the State Bar Council is
constituted—
 (a) all properties and assets vesting in the State Bar Council shall vest in the Special
Committee;
 (b) all rights, liabilities and obligations of the State Bar Council, whether arising out
of any contract or otherwise, shall be the rights, liabilities and obligations of the
Special Committee;
 (c) all proceedings pending before the State Bar Council in respect of any disciplinary
matter or otherwise shall stand transferred to the Special Committee.

DISCIPLINARY COMMITTEES – s. 9
 One or more disciplinary committee consisting of 3 persons - two shall be persons
elected by the Council from amongst its members and the other shall be a person co-
 opted by the Council from amongst advocates who possess the qualifications
specified in the proviso to s. 3(2) and who are not members of the Council.
 the senior-most advocate amongst the members of a disciplinary committee shall be
the Chairman.
Constitution of legal aid committees – s. 9A
 Bar Council may constitute one or more legal aid committees consisting of 5-9
persons.
Constitution of committees other than disciplinary committees – s. 10
Standing committees
 State Bar Council shall constitute-
o Executive Committee – 5 members elected by the council from amongst its
members.
o Enrolment Committee – 3 members elected by the council from amongst its
members.
 BCI shall constitute-
o Executive Committee – 9 members elected by the council from amongst its
members.
o Legal Education Committee – 10 members, 5 elected by the council from
amongst its members, other 5 co-opted by the council who are not members.
 SBC and BCI can constitute any other committee as it deems necessary for carrying
out the provisions of this Act.

Disqualification of members of Bar Council – s. 10B

 An elected member of a Bar Council shall be deemed to have vacated his office if he
is declared by the Bar Council of which he is a member to have been absent without
sufficient excuse from three consecutive meetings of such Council,
 or if his name is, for any cause, removed from the roll of advocates or if he is
otherwise disqualified under any rule made by the BCI.

Accounts and Audits – s. 12

Vacancies in Bar Council and committees thereof not to invalidate action taken – s. 13
Election to Bar Councils not to be questioned on certain grounds – s.14
 that due notice thereof has not been given to any person entitled to vote thereat, if
notice of the date has, not less than thirty days before that date, been published in the
Official Gazette.

RULE MAKING POWERS-

SBCs’ Power to make rules– s .15 – such rules may provide for-
 i. the election of members of the Bar Council by secret ballot including the conditions
subject to which persons can exercise the right to vote by postal ballot, the preparation
and revision of electoral rolls and the manner in which the results of election shall be
published.
ii. the manner of election of the Chairman and the Vice-Chairman of the Bar Council.
iii. the manner in which and the authority by which doubts and disputes as to the validity
of an election to the Bar Council 4 [or to the office of the Chairman or Vice-
Chairman] shall be finally decided.
iv. the filling of casual vacancies in the Bar Council.
v. the powers and duties of the Chairman and the Vice-Chairman of the Bar Council.
vi. the constitution of one or more funds by a Bar Council for the purpose of giving
financial assistance or giving legal aid or advice.
vii. organisation of legal aid and advice to the poor, constitution and functions of
committees and sub-committees.
viii. the summoning and holding of meetings of the Bar Council/or any of its committee,
the conduct of business thereat, and the number of members necessary to constitute a
quorum.
ix. the constitution and functions of any committee of the Bar Council and the term of
office of members of any such committee.
x. the qualifications and the conditions of service of the secretary, the accountant and
other employees of the Bar Council.
xi. the maintenance of books of accounts and other books by the Bar Council.
xii. the appointment of auditors and the audit of the accounts of the Bar Council.
xiii. the management and investment of the funds of the Bar Council.
 No rules made under this section by a State Bar Council shall have effect unless they
have been approved by the Bar Council of India.
Power of High Courts to make rules – s.34
i. rules laying down the conditions subject to which an advocate shall be permitted to
practise in the High Court and the courts subordinate.
ii. rules for fixing and regulating by taxation or otherwise the fees payable as costs by
any party in respect of the fees of his adversary's advocate upon all proceedings in the
High Court or in any Court subordinate.
BCI’s power to make rules – s. 49
i. the conditions subject to which an advocate may be entitled to vote at an election to
the SBC including the qualifications or disqualifications of voters, and the manner in
which an electoral roll of voters may be prepared and revised by a SBC;
ii. qualifications for membership of a Bar Council and the disqualifications for such
membership;
iii. the manner in which the name of any advocate may be prevented from being entered
in more than one State roll;
iv. the manner in which the seniority among advocates may be determined;
v. the minimum qualifications required for admission to a course of degree in law in any
recognised University;
vi. the class or category of persons entitled to be enrolled as advocates;
 vii. the conditions subject to which an advocate shall have the right to practise and the
circumstances under which a person shall be deemed to practise as an advocate in a
court;
viii. the form in which an application shall be made for the transfer of the name of an
advocate from one State roll to another;
ix. 49(1)(c) -the standards of professional conduct and etiquette to be observed by
advocates;
x. the standards of legal education to be observed by Universities in India and the
inspection of Universities for that purpose;
xi. the foreign qualifications in law obtained by persons other than citizens of India
which shall be recognised for the purpose of admission as an advocate under this Act;
xii. the procedure to be followed by the disciplinary committee of a State Bar Council and
by its own disciplinary committee;
xiii. the restrictions in the matter of practice to which senior advocates shall be subject;
xiv. the form of dresses or robes to be worn by advocates, having regard to the climatic
conditions, appearing before any court or tribunal;
xv. the fees which may be levied in respect of any matter under this Act;
xvi. general principles for guidance of State Bar Councils and the manner in which
directions issued or orders made by the Bar Council of India may be enforced;
xvii. any other matter which may be prescribed.
Power of Central Govt. to make rules- s. 49A
i. qualifications for membership of a Bar Council and disqualifications for such
membership;
ii. the manner in which the BCI may exercise supervision and control over SBCs and the
manner in which the directions issued or orders made by the BCI may be enforced;
iii. the class or category of persons entitled to be enrolled as advocates;
iv. the category of persons who may be exempted from undergoing a course of training
and passing an examination prescribed u/s 24(1)(d);
v. the manner in which seniority among advocates may be determined;
vi. the procedure to be followed by a disciplinary committee of a Bar Council in hearing
cases and the procedure to be followed by a disciplinary committee of the Bar Council
of India in hearing appeals;
vii. any other matter which may be prescribed.

ENROLLMENT & ALLIED MATTERS

Senior and other advocates – s. 16
 An advocate may, with his consent, be designated as senior advocate if the Supreme
Court or a High Court is of opinion that by virtue of his ability, standing at the Bar or
special knowledge or experience in law he is deserving of such distinction.
 Senior advocates shall, in the matter of their practice, be subject to such restrictions as
the Bar Council of India may, in the interests of the legal profession specify.
State Bar Councils to maintain roll of advocates – s.17
  Each SBC shall prepare and maintain a roll of advocates with names and addresses.
 Each such roll of advocates shall consist of two parts, the first part containing the
names of senior advocates and the second part, the names of other advocates.
Transfer of name from one State roll to another – s. 18
 Application made to BCI, on basis of which BCI makes order to transfer an advocate
from one SBC to another.
 Without any fee.
 Exception- where any such application for transfer is made by a person against whom
any disciplinary proceeding is pending or where for any other reason it appears to the
Bar Council of India that the application for transfer has not been made bona fide and
that the transfer should not be made, the Bar Council of India may, after giving the
person making the application an opportunity of making a representation in this
behalf, reject the application.
 If had seniority in one state, it is carried forward to the other state.
State Bar Councils to send copies of rolls of advocates to the Bar Council of India – s. 19
Special provision for enrolment of certain Supreme Court advocates – s. 20
Disputes regarding seniority – s. 21
 Where the date of seniority (date of enrolment) of two or more persons is the same,
the one senior in age shall be reckoned as senior to the other.
Certificate of enrolment – s. 22
 Issued by the SBC to every person whose name is entered in the roll of advocates.
 Every person whose name is so entered in the State roll shall notify any change in the
place of his permanent residence to the State Bar Council concerned within ninety
days of such change.
Right of pre-audience – s. 23 (the right of a lawyer to speak (be heard) first at the bar;
precedence in speaking among lawyers.)
 Attorney-General of India> Solicitor General of India> Additional Solicitor General>
Advocate Generals (among them on the basis of seniority)> Senior advocates>
advocates (inter se determined by their respective seniority).
Persons who may be admitted as advocates on a State roll – s. 24
 Citizen of India.
 21 years.
 Degree in law recognized.
 Fulfils the other conditions as specified by the SBC.
 he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the
Indian Stamp Act, 1899, and an enrolment fee payable to the State Bar Council of Rs.
600 and to the Bar Council of India, Rs. 150 by way of a bank draft drawn in favour
of that Council.
 For SCs and STs Rs. 100 to SBC and Rs. 25 to BCI.
Disqualification for enrolment – s. 24A
 he is convicted of an offence involving moral turpitude. (participated in the bidding or
his client’s property, breach of trust).
 he is convicted of an offence under the provisions of the Untouchability (Offences)
Act, 1955.
 he is dismissed or removed from employment or office under the State on any charge
involving moral turpitude.
 Disqualification ceases to have effect after two years since his release/ dismissal/
removal.
Disposal of applications for admission as an advocate – s. 26
 State Bar Council shall refer every application for admission as an advocate to its
enrolment committee.
 BCI may, if satisfied, either on a reference made to it in this behalf or otherwise, that
any person has got his name entered on the roll of advocates by misrepresentation as
to an essential fact or by fraud or undue influence, remove the name of such person
from the roll of advocates after giving him an opportunity of being heard.
Power to remove names from roll – s. 26A
 SBC.
Application once refused not to be entertained by another Bar Council except in certain
circumstances – s. 27
 Bar is casted on the SBCs of other states.
 except with the previous consent in writing of the State Bar Council which refused the
application and of the Bar Council of India.
 Information of rejection is circulated to other Bar Councils.
Advocates to be the only recognised class of persons entitled to practise law – s.29
 only one class of persons entitled to practise the profession of law, namely, advocates.
 Earlier there were 6 categories of advocates.
Right of advocates to practise – s. 30
 in all courts including the Supreme Court.
 before any tribunal or (person legally authorised to take evidence when an authority
is empowered with the powers of civil court, for e.g., SDM, Income Tax Department,
In Commissionerate with the DCP).
 before any other authority or person before whom such advocate is by or under any
law for the time being in force entitled to practise.
Power of court to permit appearances in particular cases – s. 32
viii. any court, authority, or person may permit any person, not enrolled as an advocate
under this Act, to appear before it or him in any particular case.
Advocates alone entitled to practice - s.33
 ix. no person shall be entitled to practice in any court or before any authority or person
unless he is enrolled as an advocate.

DISCIPLINARY PROCEEDINGS & PUNISHMENT

Punishment of Advocates for Misconduct – s. 35
 receipt of a complaint, or suo moto, the SBC believes that advocate has been guilty of
professional or other misconduct SBC refers the case to the disciplinary committee.
 (1A)- SBC may on its own motion or on basis of an application may withdraw a
proceeding pending before its disciplinary committee and direct the inquiry to be
made by any other disciplinary committee of that SBC.
 (2) DC fixes the date of hearing and sends show cause notice to the advocate
concerned and also to the Advocate General of the State.
 (3) after giving an opportunity of being heard, following orders
o dismiss the complaint or, where the proceedings were initiated at the instance
of the State Bar Council, direct that the proceedings be filed;
o reprimand the advocate; (by issuing a warning letter in writing, and
mentioning this in front of his name in the records).
o suspend the advocate from practice for such period as it may deem fit;
o Remove the name of the advocate from the State roll of advocates.
 (4) During suspension, debarred from practicing in any court or before any authority.
 (5) Where any notice is issued to the Advocate-General under sub-section (2), the
Advocate-General may appear before the disciplinary committee of the State Bar
Council either in person or through any advocate appearing on his behalf.
Alteration in the roll of advocates – s. 41
 reprimanding or suspending an advocate, a record of the punishment shall be entered
against his name.
 removing an advocate from practice, his name shall be struck off.
 suspended or removed from practice, the certificate granted to him under section 22,
in respect of his enrolment shall be recalled.
Disciplinary Powers of Bar Council of India – S. 36
 (1) On receipt of complaint or suo moto BCI believes that the advocate (who is not
on state roll) is guilty of professional or other misconduct refer the matter to
disciplinary committee.
(2) BCI can dispose of any proceeding before its DC, if suo moto, or on application,
or on report by SBC.
 Reference to Attorney General of India.
 may make any order which the disciplinary committee of a State Bar Council can
make u/s 35(3).
Changes in constitution of DC – s. 36A
 If a disciplinary committee of the State Bar Council or a disciplinary committee of the
Bar Council of India ceases to exercise jurisdiction and is succeeded by another
 committee which has and exercises jurisdiction, the disciplinary committee so
succeeding may continue the proceedings from the stage at which the proceedings
were so left by its predecessor committee.
Disposal of disciplinary proceedings – s. 36B
 Dispose of the complaint expeditiously within a period of one year from the date of
the receipt of the complaint or the date of initiation of the proceedings.
 Failing which the matter is transferred to the BCI.
Penalty for persons illegally practising in courts and before other authorities – s. 45
 6 months.

APPEAL PROVISIONS
Appeal to the BCI – s. 37
 Aggrieved by the order of the DC of SBC or the AG of State appeal within 60 days of
receipt of order to the BCI.
 Appeal is heard by the DC of BCI—can vary the punishment awarded by the DC of
SBC.
 Proviso- decision should not be varied to the prejudice of the affected advocate
without giving him reasonable opportunity of being heard.
Appeal to the Supreme Court – s. 38
 Aggrieved by the order of the DC of BCI, within 60 days of receipt of order, appeal to
the SC, SC will pass order as it deems fit, can also vary the punishment.
 No variation in order to the prejudice of the advocate without giving him reasonable
opportunity of being heard.
Application of s. 5 & 12 of Limitation Act, 1963
 5 Condonation of delay if the court is satisfied that there was sufficient cause.
 12 computation of limitation period.
Stay of order – s. 40
 Appeal doesn’t mean stay of the order appealed against.
 But the DC of BCI or the SC can direct the stay of such order for sufficient cause on
some T&C. (Interlocutory application for the stay of the order has to be filed before
the DC of BCI or the SC, asking for status quo to be maintained).
Review of order by the DC – s. 44
 DC of a BC may suo moto or otherwise, review any order w/i 60 days of that order.
 Review by DC of SBC shall not have affect unless approved by the BCI.
Power of revision - 48A
 The BCI may, at any time, call for the record of any proceeding which has been
disposed of by a SBC or a committee, and from which no appeal lies, for the purpose
 of satisfying itself as to the legality or propriety of such disposal and may pass such
orders in relation thereto as it may think fit.
 No order which prejudicially affects any person shall be passed under this section
without giving him a reasonable opportunity of being heard.
Review- 48AA
 The BCI or any of its committees, other than its disciplinary committee, may of its
own motion or otherwise review any order, within 60 days of the date of that order.

POWERS OF COMMITTEES
Powers of Disciplinary Committee – s. 42
 same power as vested in a civil court under CPC 1908.
i. summoning and enforcing the attendance of any person and examining him on
oath;
ii. requiring discovery and production of any documents;
iii. receiving evidence on affidavits;
iv. requisitioning any public record or copies thereof from any court or office;
v. issuing commissions for the examination of witnesses or documents;
vi. any other matter which may be prescribed.
Powers of BCI and other committees – s. 42A
 provisions of s. 42 shall apply to BCI, the enrolment committee, the election
committee, the legal aid committee, or any other committee of a Bar Council as they
apply in relation to the disciplinary committee of a Bar Council.

Reciprocity – s. 47
 If foreign country has allowed Indian advocates, the advocates of that country shall be
allowed in India.

DISCIPLINARY PROCEEDINGS- Cases

Note
 Professional misconduct has not been defined.
 What shall be the nature of the proceeding is also not specified neither in the Act nor
in the rules.
 If advocate accepts his guilt, there is no trial. Only if he pleads not guilty, the trial
begins.
Criminal law principles that are followed in disciplinary proceedings
1. Presumption of innocence.
 2. Framing of charges.
3. Guilt proved beyond reasonable doubt.
4. Oral and documentary evidence.
5. Benefit of doubt given to accused advocate.

An Advocate v. BCI 1989 Supp (2) SCC 25

 Suit for recovery.
 First appellant assigned his case to his junior advocate. The matter in dispute in the
suit was not settled at all and the Appellant without the knowledge and without
petitioner (client’s) instructions had filed a memo stating that the matter is settled out
of court and got the suit dismissed and he has also received half of the institution
court fee within 10 days since the date of the disposal of the suit.
 The petitioner submits that he has not received either the suit amount or the refund of
court fee and he is not aware of the dismissal of the suit as settled out of court.
 SC mentioned, 5 issues were there:
1. Whether an advocate acting bona fide and in good faith on the basis of oral
instructions given by someone purporting to act on behalf of his client, would be
guilty of professional misconduct or of an unwise or imprudent act, or negligence
simpliciter, or culpable negligence punishable as professional misconduct? •
2. Whether a charge apprising him specifically of the precise nature and character of the
professional misconduct ascribed to him needs to be framed?
3. Whether in the absence of an allegation or finding of dishonesty or mens rea a finding
of guilt and a punishment of this nature can be inflicted on him?
4. Whether the allegations and the finding of guilt is required to be proved beyond
reasonable doubt?
5. Whether the doctrine of benefit of doubt applies?
 SC held- In our opinion the appellant was not apprised of the exact content of the
professional misconduct attributed to him and was not made aware of the precise
charge he was required to rebut.
 The conclusion reached by the Disciplinary Committee in the impugned order further
shows that in recording the finding of facts on the three questions, the applicability of
the doctrine of benefit of doubt and need for establishing the facts beyond reasonable
doubt were not realised.
 Nor did the Disciplinary Committee consider the question as to whether the facts
established that the appellant was acting with bona fides or with mala fides, whether
the appellant was acting with any oblique or dishonest motive, whether there was any
mens rea, whether the facts constituted negligence and if so whether it constituted
culpable negligence.
 Nor has the Disciplinary Committee considered the question as regards the quantum
of punishment in the light of the aforesaid considerations and the exact nature of the
professional misconduct established against the appellant.
 The impugned order passed by the Disciplinary Committee, therefore cannot be
sustained.
 The Bar Council of India must have an opportunity to consider whether it would
constitute an imprudent act, an unwise act, a negligent act or whether it constituted
 negligence and if so a culpable negligence, or whether it constituted a professional
misconduct deserving severe punishment, even when it was not established or at least
not established beyond reasonable doubt that the concerned advocate was acting with
any oblique or dishonest motive or with mala fides.
 This question will have to be determined in the light of the evidence and the
surrounding circumstances taking into account the doctrine of benefit of doubt and the
need to record a finding only upon being satisfied beyond reasonable doubt.
C. Ravichandran Iyer v. Justice A.M. Bhattacharjee
 The petitioner (an advocate) has initiated the PIL under Article 32 seeking to issue an
appropriate writ/ order/ direction restraining permanently the Bar Council of
Maharashtra and Goa (BCMG), Bombay Bar Association (BBA) and the Advocates
Association of Western India (AAWI), coercing Justice A.M. Bhattacharjee, Chief
Justice of Bombay High Court, to resign from the office as Judge.
 He also sought an investigation by the CBI into the allegations made against the
Justice A.M. Bhattacharjee and if the same are found true, to direct the, Speaker, Lok
Sabha to initiate action for his removal under Article 124(4) and (5) read with Article
218 of the Constitution of India and Judges (Inquiry) Act, 1968.
 This Court issued notice to BCMG, BBA and AAWI only and rejected the prayer for
interim direction to the President of India and the Union of India not to give effect to
the resignation by the Justice A.M. Bhattacharjee.
 Whether a Bar Council or Bar Association is entitled to pass resolution demanding a
Judge to resign, what is its effect on the independence of the judiciary and whether it
is constitutionally permissible?
 Our Constitution permits removal of the Judge only when the motion was carried out
with requisite majority of both the Houses of Parliament recommending to the
President for removal. The Constitution does not permit any action by any agency
other than the initiation of the action under Article 124(4) by Parliament.
 Ref: Sub-Committee on Judicial Accountability v. Union of India [(1991) 4 SCC 699]
“discussion of the conduct of a Judge or any evaluation or inferences as to its merit is
not permissible elsewhere except during investigation before the Inquiry Committee
constituted under the Act for this purpose”.
 “…no other agency or authority like the CBI, Ministry of Finance, the Reserve Bank
of India … would investigate into the conduct or acts or actions of a Judge. No
mandamus or direction would be issued to the Speaker of Lok Sabha or Chairman of
Rajya Sabha to initiate action for impeachment.”
 A basic requirement that a Judge’s official and personal conduct be free from
impropriety; the same must be in tune with the highest standard of propriety and
probity. The standard of conduct is higher than that expected of a layman and also
higher than that expected of an advocate. In fact, even his private life must adhere to
high standards of probity and propriety, higher than those deemed acceptable for
others. Therefore, the Judge can ill-afford to seek shelter from the fallen standard in
the society.
 Ref: Krishna Swami v. Union of India [(1992) 4 SCC 605] – “There cannot, however,
be any fixed or set principles, but an unwritten code of conduct of well-established
traditions is the guidelines for judicial conduct. The conduct that tends to undermine
 the public confidence in the character, integrity or impartiality of the Judge must be
eschewed. It is expected of him to voluntarily set forth wholesome standards of
conduct reaffirming fitness to higher responsibilities.”
 The behaviour of the Judge is the bastion for the people to reap the fruits of the
democracy, liberty and justice and the antithesis rocks the bottom of the rule of law.
 where the complaint relates to the Judge of the High Court, the Chief Justice of that
High Court, after verification, and if necessary, after confidential enquiry from his
independent source, should satisfy himself about the truth of the imputation made by
the Bar Association through its office-bearers against the Judge and consult the Chief
Justice of India, where deemed necessary, by placing all the information with him.
 When the Chief Justice of India is seized of the matter, to avoid embarrassment to him
and to allow fairness in the procedure to be adopted in furtherance thereof, the Bar
should suspend all further actions to enable the Chief Justice of India to appropriately
deal with the matter.
 This is necessary because any action he may take must not only be just but must also
appear to be just to all concerned, i.e., it must not even appear to have been taken
under pressure from any quarter.
 The Chief Justice of India, on receipt of the information from the Chief Justice of the
High Court, after being satisfied about the correctness and truth touching the conduct
of the Judge, may tender such advice either directly or may initiate such action, as is
deemed necessary or warranted under given facts and circumstances.
 If circumstances permit, it may be salutary to take the Judge into confidence before
initiating action.
 On the decision being taken by the Chief Justice of India, the matter should rest at
that.
 This procedure would not only facilitate nipping in the bud the conduct of a Judge
leading to loss of public confidence in the courts and sustain public faith in the
efficacy of the rule of law and respect for the judiciary, but would also avoid needless
embarrassment of contempt proceedings against the office-bearers of the Bar
Association and group libel against all concerned.
 The independence of judiciary and the stream of public justice would remain pure and
unsullied.
 The Bar Association could remain a useful arm of the judiciary and in the case of
sagging reputation of the particular Judge, the Bar Association could take up the
matter with the Chief Justice of the High Court and await his response for the action
taken thereunder for a reasonable period.
 In case the allegations are against Chief Justice of a High Court, the Bar should bring
them directly to the notice of the Chief Justice of India.
 On receipt of such complaint, the Chief Justice of India would in the same way act as
stated above qua complaint against a Judge of the High Court, and the Bar would
await for a reasonable period the response of the Chief Justice of India.
 It would thus be seen that yawning gap between proved misbehaviour and bad
conduct inconsistent with the high office on the part of a non-cooperating Judge/Chief
Justice of a High Court could be disciplined by self-regulation through in-house
procedure.
  This in-house procedure would fill in the constitutional gap and would yield salutary
effect.
 Unfortunately, recourse to this procedure was not taken in the case at hand, may be,
because of absence of legal sanction to such a procedure.
 Since the 1st respondent has already demitted the office, we have stated as above so
that it would form a precedent for future. The writ petition is accordingly disposed of.
PD Gupta v. Ram Murti (1997) 1 SCC 147
 In this case, the deceased named Sri Kishan Das is the owner of the two-floor built
property. The appellant named Vidyawati claimed to be the one and only legal heir
and sister of the deceased Sri Kishan Das.
 The appellant filed a suit of injunction against the respondent named Ram Murti and
two other persons asserting themselves to be the legal heir of that property by
propounding three different wills by stating that those wills were made by the
deceased to them.
 The above suit is filed by the appellant Vidyawati to restrain the respondent Ram
Murti from trespassing on the property in the high court of Delhi and also the
appellant filed the petition under s. 276 of the Indian Succession Act,19253 in the
district court of Delhi for obtaining the administrative authority of the property of the
deceased named Sri Kishan Das.
 The respondents have filed the petition under sec276 of the Indian succession act,
1954 in the district court of Delhi for ascertaining the dispute present in the property
of the deceased named Sri Kishan Das regarding the inheritance of it.
 But during the pendency of the suit of injunction, the advocate of the appellant named
P.D Gupta purchased that disputed property from Vidyawati and sold it to Suresh
Kumar for Rs 3,60,000 and accrued some profit to Vidyawati and some of it to
himself.
 Does the conduct of the advocate of the appellant comply with professional ethics?
 PD Gupta already knew that the title of that property was in doubt and finally, it had
concluded that the fact that the conduct of PD Gupta conducting the case of his client
has commanding status and can also exert influence on his client where such conduct
of the advocate depicts professional misconduct.
 Hence, the disciplinary committee of the Bar Council of India held that the appellant’s
advocate is guilty of professional misconduct and imposed the punishment of
suspension for one year.
 The Supreme Court asserted that the conduct of the advocate should be genuine, fair
and transparent. It should serve not only justice to their own client but also to the
court and as well as to the opposite party in the proceeding of the case.
 Thus the supreme court accepted the decision of the bar council of India which stated
that the conduct of the appellant's advocate PD Gupta is professional misconduct by
quoting that there is no bar for lawyers to purchase the property but on the account of
common prudence especially a law known person will never prefer to purchase the
property, where in the title of such property is under doubt.

Kaushal Kishor Awasthi v. Balwant Singh Thakur & Ors. AIR 2018 SC 199
 In a family dispute between the complainant and his brothers, with respect to their
father’s property.
 On his death the said property was divided by the three brothers equally.
 However, it transpired that before his death, one of the brothers of the complainant
influenced his father and got registered the said property in the name of the
complainant's nephew, without the consent of other brothers vide sale deed.
 The complainant had approached the Appellant (Advocate), for filing the Suit for
declaration to declare that the sale deed was null and void as it was prepared
fraudulently.
 The Appellant acted as his Advocate and filed the Suit.
 In the said Suit, the parties settled the matter as they agreed for declaring the sale deed
as ineffective and requested the Court for division of the property.
 This resulted in passing of decree dated 24.10.1994 by the Court in which the
complainant was declared owner of 0.03 acres along with kutcha house out of the
disputed property.
 However, the complainant suffered some financial crunch in April, 2003, and he
decided to sell his share of land to Mr. Narsinghmal, for a sum of Rs. 30,000/- and for
the purpose of registration of sale deed, he produced the earlier sale deed before the
office of the Deputy Registrar.
 The Appellant produced objection letter against the proposed sale deed and objected
for registration of the said sale deed on the ground that the complainant did not have
full ownership of the proposed land and the market value was also shown less in the
said sale deed.
 This act of the Appellant in appearing before the office of the Deputy Registrar and
objecting to the registration of sale deed was labelled as professional misconduct by
alleging that the Appellant had paid a sum of Rs. 20,000/- to the complainant in the
year 1996 and another sum of Rs. 20,000/- to the son of the complainant in the year
1999 and for repayment of the said amount, the complainant had offered half share of
the subject land as security.
 His justification for raising objection, therefore, was that since the land was being
sold without clearing his debt, it could not be done.
 Compliant before BC of Chhattisgarh against KKA.
 SBC suspended his license for 2 years. Appealed to BCI, it reduced punishment to one
year suspension + Rs. 25000 fine.
 Rule 22 under Chapter II of the Standards of Professional Conduct and Etiquette -
“An advocate shall not, directly or indirectly, bid for or purchases, either in his own
name or in any other name, for his own benefit or for the benefit of any other person,
any property sold in the execution of a decree or order in any suit, appeal or other
proceeding in which he was in any way professionally engaged.”
 The said property was not being sold in execution of any decree, in which
proceedings the Appellant was engaged, as noted above. Insofar as the filing of the
Suit by the Appellant on behalf of the complainant is concerned, that had resulted into
passing of decree and the proceedings had concluded.
 Even as per the complainant's own admission, it is much thereafter that the
complainant intended to sell the property in question when he found himself in need
of money.
  It is this sale which the Appellant tried to interdict. He was not doing so in the
capacity of an Advocate.
 As per him, the complainant was not authorised to sell the property without repaying
his debt.
 Whether the Appellant was right in this submission or not, is not relevant. What is
relevant is that this act has nothing to do with the professional conduct of the
Appellant.
 Therefore, the very initiation of disciplinary proceedings against the Appellant by the
State Bar Council was improper and without jurisdiction. Set aside the BCI’s order.

PC Mathai v. District & Sessions Judge, Thiruvananthapuram 1999 (3) SCC 614
 The appellant claims to be the power-of-attorney holder of a couple (husband and
wife) living in Kuwait.
 He sought permission of the Sessions Court, Trivandrum to appear and plead on
behalf of the said couple who are arrayed as respondents in a criminal revision
petition filed before the said Sessions.
 The Permission was declined by the Sessions Judge and even by High Court and now
the appeal before the Supreme Court to seek the same permission.
 “2.(q) ‘pleader’, when used with reference to any proceeding in any court, means a
person authorised by or under any law for the time being in force, to practise in such
court, and includes any other person appointed with the permission of the court to act
in such proceeding;”
 As per above definition if the pleader is “any other person ”, it is essential requisite
that such person should have been appointed with the permission of the court to act in
such proceedings.
 An agent cannot become a “pleader” for the party in criminal proceedings, unless the
party secures permission from the court to appoint him to act in such proceedings.
 The respondent-couple have not even moved for such a permission and hence no
occasion has arisen so far to consider that aspect.

RD Saxena v. Balram Prasad Sharma (2000) 7 SCC 264- Advocates right of lien on case
files
 The appellant was appointed as a legal advisor to the Madhya Pradesh State Co-
operative Bank Ltd. (herein referred to as ‘Bank’) in 1990. He used to conduct cases
on behalf of the said bank. Subsequently, on 17.7.1993 the bank terminated the
retainers of the appellant; and requested him to return his files related to the bank.
 Instead of returning the files, he informed the bank that only after dues amounting to
rupees 97,100/- were paid will he return the files.
 Hence, the Bank filed a complaint before the State Bar Council of Madhya Pradesh
on 3.2.1994; wherein the appellant contended that he has a right of lien on those files;
whereas the respondent contended that the appellant is guilty of professional
misconduct by not returning the files to his client.
 Subsequently, the matter got transferred to the disciplinary committee of Bar Council
of India; wherein the appellant was held guilty of professional misconduct and was
imposed a fine of rupees 1000/-; and also debarred him from practicing for 18
months; and was directed to return all the case bundles of the client without any
delay.
 In appeal before SC- Whether the advocate can have a lien on the litigation papers
entrusted to him by his clients for pending fees?
 SC emphasised on s. 171 of Indian Contract Act- General lien of bankers, factors,
wharfingers, attorneys and policy brokers- Bankers, factors, wharfringers, attorney of
a High Court and policy brokers may, in the absence of a contract to the contrary,
retain as a security for a general balance of account, any goods bailed to them, but no
other persons have a right to retain, as a security for such balance, goods bailed to
them, unless there is an express contract to that effect.
 Section 148 of the Contract Act defines the bailment which states that; if the goods
are transferred from one person to another for some purpose; and after completion of
the purpose the goods have to be returned to; or otherwise disposed of according to
the directions of the person delivering them then such transfer can be termed as a
bailment.
 But in this case, the goods are not bailed to the appellant/advocate as there was no
delivery of the goods; because the advocate owned paper on his account.
 The term ‘goods’ has to be understood in the sense of the Goods and Sales Act, 1930
wherein section 2(7) states “every kind of movable property other than actionable
claims and money; and includes stock and shares, growing crops, grass, and things
attached to or forming part of the land which are agreed to be severed before sale or
under the contract of sale.”
 Thus the goods which fall in the purview of section 171 should have marketability
i.e. they should be saleable.
 The case files in the present case are neither saleable nor can be converted into
money; hence section 171 is of no merit.
 The divisional bench of Madras High Court in the case of P. Krishnamachariar Vs.
The Official Assignee of Madras; held that an advocate could not have such a lien;
unless there was an express agreement to the contrary; and the same view was held
by the Patna High Court in In RD SAXENA Vs BALRAM PRASAD.
 After the enactment of Advocates Act, 1961 the Bar Council of India framed the rules
in which Rule 28 and 29 explicitly states that ‘if any sum is remaining in the hands of
an advocate then he is at liberty to appropriate the same after the termination of
proceeding’ & ‘if the fees have been unsettled then the advocate can deduct it from
the client’s money in his hand and rest should be refunded to the client’s’
respectively.
 Section 35 of the Advocates Act pertains to misconduct; and accordingly, the refusal
of an advocate to return the file of the client comes under the ambit of professional
misconduct. Therefore, he is liable for the same punishment. However, here the
appellant had a bona fide belief that; he did have a lien and such presumption pertains
to restricting harsh punishment on the appellant.
 Held - Punishment will be altered to reprimanding the appellant. However, if any
person commits this type of professional misconduct in the future; then Bar Council
 will determine respective punishment; and the lesser punishment imposed in this case
should not be taken under the ambit of precedent.
 As a rule, an Advocate shall not do anything whereby he abuses or takes advantage of
the confidence reposed in him by his client. In the conditions prevailing in India with
lots of illiterate people among the litigant public it may not be advisable also to
permit the counsel to retain the case bundle for the fees claimed by him. Any such
lien if permitted would become susceptible to great abuses and exploitation.
 There is yet another reason which dissuades us from giving approval to any such lien.
We are sure that nobody would dispute the proposition that the cause in a
court/tribunal is far more important for all concerned than the right of the legal
practitioner for his remuneration in respect of the services rendered for espousing the
cause on behalf of the litigant.
 If a need arises for the litigant to change his counsel pendente lite, that which is more
important should have its even course flowed unimpeded.
 Retention of records for the unpaid remuneration of the advocate would impede such
course and the cause pending judicial disposal would be badly impaired.
 No professional can be given the right to withhold the returnable records relating to
the work done by him with his clients matter on the strength of any claim for unpaid
remuneration.
 The alternative is that the professional concerned can resort to other legal remedies
for such unpaid remuneration.
 For initiation of lien, there is a requirement of possession that ought to happen in the
case of bailment.
 For a bailment, there should be a transfer of goods, now a lien on the case file is not
considered as a good; because it does not have marketability in the legal sense.
 A person cannot sell one client’s case files to another client for the sake of
marketability.
 Hence, it will be considered bad in law and which would ultimately lead to
professional misconduct.

DP Chaddha v. Triyugi Narayan Mishra (2001) 2 SCC 221

 DPC is the advocate. Construction co. suit for ejectment in Jaipur city civil court
against Mishra. In the premises, he was running the school with 200 children.
Engaged Chaddha as the advocate in 1993.
 Mishra was also a politician, 18th and 22nd November 1993 were the election dates. He
gave vakalatnama and signed blank paper to Chaddha so that if he is not available
Chaddha can appear.
 Chaddha engaged another advocate Rajesh Jain on the vakalatnama and the blank
paper was used to make a settlement deed with the construction co. Court also
approved it as Mishra could not be in the court due to election and also the advocates
had taken such a date of hearing that Mishra is not available. Eviction decree was
granted by the court.
 Mishra came to know of these and filed a case of professional misconduct. That the
documents were given to not get eviction decree in my detriment, against my interest.
  DC inflicted 5-year suspension of licence. In appeal, BCI enhanced it to 10 years.
Anil Sharma and Rajesh Jain should be sent notice and proceedings commenced
against him.
 an allegation of misconduct has to be proved to the hilt. The evidence adduced should
enable a finding to be recorded without any element of reasonable doubt.
 In the present case, both the State Bar Council and the Bar Council of India have
arrived at, on proper appreciation of evidence, a finding of professional misconduct
having been committed by the appellant.
 No misreading or non-reading of the evidence has been pointed out.
 The involvement of the appellant in creating a situation resulting in the recording of a
false and fabricated compromise, apparently detrimental to the interest of his client, is
spelled out by the findings concurrently arrived at with which we have found no
reason to interfere.
 The crucial issue in the case was not the authority of a counsel to enter into a
compromise, settlement, or adjustment on behalf of the client.
 The real issue was of the satisfaction of the court whether the defendant had really,
and as a matter of fact, entered into a settlement.
 For the foregoing reasons, the appeal is partly allowed. The finding that the appellant
is guilty of professional misconduct is upheld but the sentence awarded by the
Rajasthan State Bar Council suspending the appellant from practice for five years is
upheld and restored.

Shambhu Ram Yadav v. Hanuman Das Khatry (2001)

 Complaint before BC of RJ. Respondent was adv. he told his client, Mahendra
Rajgiri, the judge accepts bribe. Manage by money or services and get the judgment
in your favour. Or give Rs. 10000 to me and I will channelize that money to the judge
for a favourable judgment. I have done this in many cases. This communication was
done through a written letter.
 DC of SBC issued show cause notice. He admitted that letter but it was sent in good
faith to tell the truth to my client that the judge has been caught accepting bribe. All I
said is true and I was trying to protect the interest of my client.
 DC did not agree with the submission and found him guilty of professional
misconduct and the adv was suspended for 2 years.
 Appeal made to the BCI under Sec 37 of the Advocates Act 1961. BCI directed his
name to be struck off and he be permanently debarred from practicing.
 Advocate filed a review under Sec 44 of Advocates Act and the BCI accepts the
review application.
 Review petition before BCI. Out of the three members who were in the DC, two
members were changed. Now, this DC found him guilty but said the punishment is too
harsh, as adv is of 80 years of age and this is first such case in his career. Changed the
punishment to reprimanding only.
 Appeal before the SC.
 ISSUE: Whether the disciplinary committee, in exercise of its review powers, could
alter the initial order of suspension?
  SC said the decision of BCI initially holds good, agreed with the reasoning. Should
not malign the image of the judiciary, has more responsibility than others. Can’t make
casual, sweeping statements. In review petition, should be heard by the same court
and same bench. Here only one member was same. So, the review cannot lie here.
Only those who passed the order can review.
 The legal profession is not a trade or business. It is a noble profession.
 Members of this profession have not to encourage dishonesty and corruption but to
strive to secure justice for their clients if it is legally possible.
 The credibility and reputation of the profession depend upon the manner in which the
members of the profession conduct themselves.
 There is heavy responsibility on those on whom duty has been vested under the
Advocates Act, 1961 to take disciplinary action when the credibility and reputation of
the profession comes under a clout on account of acts of omission and commission by
any member of the profession.

Bhupinder Kumar Sharma v. Bar Association of Pathankot

 Complaint made to the Bar Association that an advocate (appellant) was carrying on
and engaged in a full-fledged business viz, he carried on a photocopy shop in the
court compound and he also had a PCO/STD booth.
 Contentions of advocate- After being enrolled in the State Bar roll of advocates, he
had transferred the business to his father and brother.
 The State Bar Council of Punjab & Haryana found his guilty of misconduct and
debarred him.
 Appeal made to BCI, the BCI dismissed the appeal.
 Appeal made to Supreme Court.
 The Supreme Court held that there were convincing reasons to suffice that he was
guilty beyond all reasonable doubt.
 This was supported by the Senior Telecommunication Office Assistant who deposed
in the court that the PCO booth was allotted to the appellant in the handicap quota and
no intimation was given by him to transfer the PCO booth to his brother.
 There was no material or evidence placed to show that the members of the BAR have
any sort of ill-will towards the advocate.
 Holding him guilty of professional misconduct, the Supreme Court altered the gravity
of punishment because the punishment awarded to him was found too harsh, the
appellant being a handicapped person.
 It is a rule that the punishment awarded has to be proportionate with the offence and
prevalent conditions of the accused.
 Hence, the Supreme Court modified the BCI order to the extent that he was suspended
from practicing till December 2006 and not forever.

Anish Ahmad v. DU AIR 2002 Del 440- Full time teacher enrolment as advocate
 PIL filed by advocates before Del HC, question- whether permanent faculty of law
faculty of DU could continue their practice simultaneously with the teaching
profession in the city civil courts, HC, SC?
 Lecturers to professors. Some enrolled themselves with the BC of Delhi.
 Complaint to BC of Delhi, law teacher cannot simultaneously practice in the court.
 Accepted by the BC. Cancelled the enrolment of those teachers.
 PIL filed.
 Rule made by govt as per S. 49A of Advocates Act 1961, s. 3- an advocate while
teaching law can take up practice so long as teaching does not exceed three hours.
 SC held- The plea by the law teachers that after adaptation of the rules, a lawyer could
take up full time law teaching in regular scale of pay and, therefore, a Law teacher
could also be enrolled as an Advocate would not be tenable. As such an interpretation
is not only fallacious but also absurd.
 It is settled law that an interpretation which leads to absurdity should always be
avoided.
 The wordings used in the Notification issued by the Central Government make it
explicit that under the said notification a right is given to practising advocate to take
up law teaching but no such parallel right is given to teachers of law to be enrolled as
advocates.
 The wording used in the provisions is plain and unambiguous and requires no addition
of words to the said statute.
 The intention of the legislature is also clear and apparent and, therefore, the Court
would not proceed to reframe the legislation by giving a meaning which the
respondent teachers seek to give.
 The plea by the law teachers that they are in fact not required to teach for more than
three hours in a day and that they are, therefore, eligible to practice in the Courts and
to retain their membership of the Bar Council would not be tenable.
 When the statute does not by itself permit such a situation and when R. 103 has
specifically prohibited full time law teachers from enrolling as advocate, no such
permission could be granted to a full-time law teacher to be enrolled as an advocate.
 The aforesaid interpretation is also in consonance with Statutes, Ordinance and the
Resolutions adopted by the Delhi University and the University Grants Commission.
 Furthermore, it is the specific stand of the Delhi University that no full-time teacher
of the Delhi be he or she is in the Law Faculty or in any other Faculty of the
University is not entitled to practice as a lawyer as long as he is a full time teacher in
the University.
 The directions of the University Grants Commission are based on the aforesaid
analogy when it conveyed the decision that in order to promote quality education full
time law teachers would not be permitted to enroll as members of the Bar entitling
them to full time practice in law.
 Even the permission granted to such teacher to appear and represent in social
action/public interest litigation is in the nature of legal aid and social activity and not
as a lawyer.
 The same would not by itself empower or enable a full-time teacher of the Delhi
University to practice as a Lawyer.
  Even in a case where enrolment is granted by the Bar Council and thereafter the
advocate seeks to take up law teaching, the same could be permitted only within the
parameter of the 1979 Rules read with the University Statutes and Ordinance.
 The Resolution 108 of 1996 adopted by the Bar Council of India correctly lays down
the law and the practice and no objection could be taken as against the said
Resolution.
 By adopting the said Resolution the Bar Council of India has tried to rectify the
mistake by removing the names of such persons who are full time salaried law
teachers and who were enrolled as Advocates overlooking the specific provisions of
R.103 of Bar Council of Delhi Rules and by misinterpreting the provisions of the
1979 Rules.

CONTEMPT OF COURT
 Scandalizes or compromises the reputation of the court of law- criminal contempt.
 Wilful disobedience of court’s order- civil contempt.
 All persons- natural and artificial as well.
 Court of record has power to punish for contempt.
 In contempt case, in lower courts, there should be separate court.
 When it is a constitutional court, the bench whose contempt has been committed
should decide the matter.
 Contempt of Courts Act 1971.
 the superior courts (Supreme Court and High Courts) derive their contempt powers
from the Constitution.
 Article 129 declares the Supreme Court to be a "Court of Record," with all of the
powers of a court of record, including the authority to punish itself for contempt.
 Article 142 – SC in addition to passing any such order to do complete justice also has
the power to punish for contempt.
 142 supplements the substantive power under a. 129 by conferring the power of
investigation and punishment through procedure prescribed by law.
 Article 215 – Grants every High Court the power to punish for contempt of itself.
 The Act only outlines the procedure in relation to investigation and punishment for
contempt.
 Therefore, deletion of the offence from the Act will not impact the inherent
constitutional powers of the superior courts to punish anyone for its contempt. These
powers will continue to remain, independent of the 1971 Act.
 Definition, nature, scope, characteristics, what is not contempt, what words, actions.
 An Act to define and limit the powers of certain courts in punishing contempt of
courts and to regulate their procedure in relation thereto.
 2(b) civil contempt- means wilful disobedience to any judgment, decree, direction,
order, writ or other process of a court or wilful breach of an undertaking given to a
court.
 “wilful disobedience”- party intentionally did not comply with the directions of the
court, of order, decree, judgment, writ, direction.
 Reasonable time is provided by the court to comply with the order.
 Order has to be complied in letter and spirit. Partial compliance will result in CoC.
  Wilful breach of an undertaking given to a court - In court, whatever you say, you say
on affidavit, if it is found to be false, you may be penalised under the penal code.
 If govt. does not comply with the undertaking, contempt proceedings may be initiated.
 Ask for extension of time, if not able to comply within time.
 “Wilful” or not is a question of fact. Has to be proven by party in favour of whom the
j/o/d etc was passed.
 2(c) criminal contempt- means the publication (whether by words, spoken or written,
or by signs, or by visible representations, or otherwise) of any matter or the doing of
any other act whatsoever which—
 (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any
court; or
 (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
 (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.
 scandalizes the reputation of the court. Courts may pass judgment that is against the
people at large, govt, NGO, etc. tough decisions are taken by the court. You can make
fair criticism of the judgment.
 Anyone can’t defame anyone.
 Justice Karnan- grievance with the judiciary should not be brought to public like
justice did. In camera proceedings could have been done.
 HCs and SC are independent and free and fair in their working. HC and SC judges are
equivalent.
 Fair criticism is allowed, personal remarks about the judges in not allowed.

What is not contempt?

 S. 3 - Innocent publication and distribution of matter not contempt- A person
shall not be guilty of contempt of court on the ground that he has published (whether
by words, spoken or written, or by signs, or by visible representations, or otherwise)
any matter which interferes or tends to interfere with, or obstructs or tends to obstruct,
the course of justice in connection with any civil or criminal proceeding pending at
that time of publication, if at that time he had no reasonable grounds for believing that
the proceeding was pending.
 comes from criminal law principle of mens rea.
 A person shall not be guilty of contempt of court on the ground that he has distributed
a publication (book, newspaper, etc.) containing any such matter, if at the time of
distribution he had no reasonable grounds for believing that it contained or was likely
to contain any such matter.
 S. 4 - Fair and accurate report of judicial proceeding not contempt- 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.
 S. 5 – fair criticism of judicial act not contempt – —A person shall not be guilty of
contempt of court for publishing any fair comment on the merits of any case which
has been heard and finally decided.
 “fair criticism” – wrt merits of the case. We have right to dissent u/a 19(1)(a).
  S. 6 - Complaint against presiding officers of subordinate courts when not
contempt - in respect of any statement made by him in good faith concerning the
presiding officer of any subordinate court or HC to which it is subordinate.
 S. 7 - Publication of information relating to proceedings in chambers or in
camera not contempt except in certain cases-
o Where court has restricted such reporting or publication on grounds of public
policy.
o Publication is against law.
o where the court sits in chambers or in camera for reasons connected with
public order or the security of the State, the publication of information relating
to those proceedings;
o where the information relates to a secret process, discovery or invention which
is an issue in proceedings.
 7(2)- a person shall not be guilty of contempt of court for publishing the text or a fair
and accurate summary of the whole, or any part, of an order made by a court sitting
in chambers or in camera, unless the court has expressly prohibited the publication
thereof on grounds of public policy, or for reasons connected with public order or the
security of the State, or on the ground that it contains information relating to a secret
process, discovery or invention, or in exercise of any power vested in it.
 S. 8- defences available under penal laws are not affected.
 S. 9- Not enlarging the scope of contempt- limited to the act itself.
 S. 10- Power of HC to punish sub ord court for contempt- Every High Court shall
have and exercise the same jurisdiction, powers and authority, in accordance with the
same procedure and practice, in respect of contempt of courts subordinate to it as it
has and exercises in respect of contempt of itself.
 no High Court shall take cognizance of a contempt alleged to have been committed in
respect of a court subordinate to it where such contempt is an offence punishable
under IPC.
 S. 11- Power of High Court to try offences committed or offenders found outside
jurisdiction- even if committed within or outside the jurisdictional limits of the HC.

Punishment for CoC – s. 12

 Simple imprisonment upto 6 months or Rs. 2000 or both.
 Exception- punishment may be remitted on an apology made to the satisfaction of the
court.
 An apology shall not be rejected merely on the ground that it is qualified or
conditional if the accused makes it bona fide.
 Punishment cannot exceed this.
 Civil contempt- if fine will not meet the ends of justice so instead of simple
imprisonment, can be detained in civil prison for a period of 6 months can be
inflicted.
 In case of a co, the incharge responsible for conduct of business of the co. will be
deemed guilty and punished.
 Not liable to such punishment if he proves that the contempt was committed without
his knowledge or that he exercised all due diligence to prevent its commission.
  If proved that contempt has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary – detained in civil prison.
 Contempt not punishable in certain cases- s. 13 – contempt must be of such a
nature that it substantially interferes, or tends substantially to interfere with the due
course of justice.
 Truth is a valid defence if satisfied that it is in public interest and the request for
invoking the said defence is bona fide.
Contempt of HCs or SC procedure- s. 14
 When it is alleged, or appears to the Supreme Court or the High Court upon its own
view, that a person has been guilty of contempt committed in its presence or hearing,
the Court may cause such person to be detained in custody, and, at any time before the
rising of the Court, on the same day, or as early as possible thereafter, shall—
 (a) cause him to be informed in writing of the contempt with which he is charged;
 (b) afford him an opportunity to make his defence to the charge;
 (c) after taking such evidence as may be necessary or as may be offered by such
person and after hearing him, proceed, either forthwith or after adjournment, to
determine the matter of the charge; and
 (d) make such order for the punishment or discharge of such person as may be just.

Cognizance of criminal contempt in other cases- s. 15

 On its own motion, or on a motion made by adv gen, other person with consent of adv
gen, law officer.
Contempt by judge, magistrate or other person acting judicially- s. 16
 contempt of his own court or of any other court in the same manner as any other
individual is liable.
 Nothing in this section shall apply to any observations or remarks made by a judge,
magistrate or other person acting judicially, regarding a subordinate court in an appeal
or revision pending before such judge, magistrate or other person against the order or
judgment of the subordinate court.
Procedure after cognizance – s. 17
 With the notice, a copy of motion or reference should be sent to the person charged.
 If there is a chance of absconding, order of attachment of property can be made by the
court.
Hearing of criminal contempt cases – s. 18
 Not less than two judges bench.
Appeal – s. 19
 where the order or decision is that of a single judge, to a Bench of not less than two
judges of the Court.
 where the order or decision is that of a Bench, to the Supreme Court.
  in the case of an appeal to a Bench of the High Court, within thirty days.
 in the case of an appeal to the Supreme Court, within sixty days.
 Interim relief during appeal-
 (a) the execution of the punishment or order appealed against be suspended;
 (b) if the appellant is in confinement, he be released on bail; and
 (c) the appeal be heard notwithstanding that the appellant has not purged his contempt
Limitation for actions for contempt – s. 20
 No court shall initiate any proceedings of contempt, either on its own motion or
otherwise, after the expiry of a period of one year from the date on which the
contempt is alleged to have been committed.
 Cause of action arises on the day the time given by the court to comply with its order
expires.
s. 21- act does not apply to Nyaya panchayats or other village courts.
Defences available to contemner
In civil contempt-
1. Disobedience or breach of the undertaking was not wilful- If the contemnor proves
that there was no wilful disobedience or the breach, he may be absolved from liability
of civil contempt. The court is free to presume the intention of the person through his
act. It is upon the court to decide whether there was a breach of any undertaking given
to the court, which was wilful or not.
2. Order has been passed without jurisdiction - If the order disobeyed is proved to
have been passed by a court without jurisdiction or if there has been any kind of
violation, been proved but under no jurisdiction, the same would amount to contempt.
The order passed without jurisdiction is void and void orders binds nobody. The
burden to prove that the court which has passed the order had no jurisdiction to pass,
lies on the person who alleges it.
3. Order disobeyed is vague and ambiguous- An order is considered vague if it was
not specific and complete. For initiating contempt proceedings for disobeying, the
order is required to be specific and complete because a contempt petition based on the
implication of the order is not likely to succeed. A person may take the plea that the
terms of the order are ambiguous. The court had made it clear that if the direction in
order of court depends on certain other facts and such facts are left undefined by the
order, the order will be taken as ambiguous and its violation will not amount to
contempt of court.
4. Order involves more than one reasonable interpretation - If the court’s order
involves more than one reasonable and rational interpretation and the respondent
adopts one of them and acts by such interpretation, he can’t be liable for contempt.
5. Compliance with the order is impossible - If the contemnor can prove that the order
for compliance is impossible to comply with due to many reasons, he will not be
liable for contempt of court. It can be stated that order is not practically possible to be
executed due to parity of time or circumstances beyond the control.
6. No knowledge of the order- A person can’t be held guilty of contempt in infringing
an order of a court of which he knows nothing or where an order of status quo is
 passed by the court but the party continues the work before receiving the order and
also he has no actual knowledge of order, he will not be liable. Similarly, if the court
passes an order, requiring a party to do a specific action within the time specified but
the order is served to the party after the expiry of the time so specified, non-
compliance with the order will not amount to contempt. If a person concerned
deliberately evades service of the order, he can’t escape liability on the ground that
the order was not formally served on him.
In criminal contempt-
1. Innocent publication and distribution of matter- Section 3 enumerates defences
available to contemnor about some publication or distribution of such publications.
Some comments or matters that may interfere or tend to interfere with the process of
justice or obstruct or tend to obstruct the course of justice in connection with any civil
or criminal actions pending at the time of publication are immune from
prosecution. However, if the publisher had no reasonable reasons to believe that the
proceeding was underway at the time of publication, the publication is defined as
“innocent” by this section.
2. Fair and accurate report of judicial proceedings- n Section 4 provides that a
person shall not be guilty of contempt of court for publishing a fair and accurate
report of judicial proceedings or any stage thereof. It is a general rule that the
administration of justice should be open and public. This principle is based on public
interest considerations. Consequently, must give way when public interest indicates
the degree of privacy. This provision is subject to the provisions contained in Section
7 of the said Act.
3. Fair criticism of judicial act- Section 5 describes that fair criticism of judicial action
is not contempt. This section provides that a person shall not be guilty of contempt of
court for publishing any fair comment on the merits of any case which has been heard
and finally decided. In the case of Arundhati Roy, the Supreme Court held that fair
criticism of the conduct of a judge, the institution of the judiciary and its functioning
may not amount to contempt if it is made in good faith and in public interest.
o It must be based on facts truly stated. No comment is fair if it is based on a
mistake of fact.
o Must not contain imputation of corrupt motives on the person whose conduct
is criticized.
o It must be an honest expression of the writer’s real opinion.
4. Bonafide complaint against presiding officers of the subordinate court- can be
made under Section 6. It provides that a person shall not be guilty made by him in
good faith concerning a presiding officer of any subordinate court to any other
subordinate court or High court to which it is subordinate.
5. Defence of truth- If the Court is persuaded that justification by truth is in the public
interest and the request for invoking the defence is bonafide, Section 13 of the Act
allows the Court to allow it as a viable defence in any contempt proceedings. The
truth should normally be accepted as a defence unless the court determines that it is
really a ruse to avoid the consequences of a deliberate attempt to scandalize the
Court.
Difference between civil contempt and criminal contempt
Cases
Maninder Jeet Singh Bitta v. UOI & Ors. (2011)
 High security number plate scheme in 2001.
 Motor car companies moved writ petition that it should not be made mandatory as
companies’ business will be severely affected.
 Whereabouts of the people can be used by govt agencies in many matters.
 Procedural aspects were laid down by the SC.
 SC issued several orders to the Chief Secretary of Haryana.
 Could not comply with it so there was contempt of court.
 May also charge for criminal contempt.
 How civil contempt can be converted into criminal contempt?
 `Contempt' is an extraordinary jurisdiction of the Courts. Normally, the courts are
reluctant to initiate contempt proceedings under the provisions of the 1971 Act. This
jurisdiction, at least suo moto, is invoked by the courts sparingly and in compelling
circumstances, as it is one of the foremost duty of the courts to ensure compliance of
its orders.
 S. 15 provides procedure of criminal contempt.
 Under the Indian Law the conduct of the parties, the act of disobedience and the
attendant circumstances are relevant to consider whether a case would fall under civil
contempt or a criminal contempt. For example, disobedience of an order of a court
simplicitor would be civil contempt but when it is coupled with conduct of the parties
which is contemptuous, prejudicial and is in flagrant violation of the law of the land,
it may be treated as a criminal contempt.
 In exercise of its contempt jurisdiction, the courts are primarily concerned with
enquiring whether the contemnor is guilty of intentional and wilful violation of the
orders of the court, even to constitute a civil contempt.
 Every party to lis before the court, and even otherwise, is expected to obey the orders
of the court in its true spirit and substance.
 Para 16- punishment- i) They are punished to pay a fine of Rs.2,000/- each and in
default, they shall be liable to undergo simple imprisonment for a period of fifteen
days.
 ii) We impose exemplary cost of Rs.50,000/- on the State of Haryana, which amount,
at the first instance, shall be paid by the State but would be recovered from the
salaries of the erring officers/officials of the State in accordance with law and such
recovery proceedings be concluded within six months.

Puspaben & Ors. v. Narayandas V. Badiani & Anr. 1979 AIR 1536- fine is the rule
 Appeal petition before SC.
 Resp gave loan of 50000 to petitioner (appellant).
 Default in loan.
 Suit for recovery filed in HC.
 Suit pending, compromise.
 Agreed that the resp will return the loan by 21st July 1972.
 Application in court that case should be decided as settled.
 Court passed decree accordingly.
  Could not repay.
 Resp. initiated contempt proceeding as undertaking was given before the court.
 HC found the appellant guilty. Sentenced civil contempt, punished.
 SC had to decideWhether in civil contempt cases, corporal punishment can be
inflicted?
 Only in exceptional circumstances shall punishment be inflicted. The fine is the rule.
 A close and careful interpretation of the extracted section leaves no room for doubt
that the Legislature intended that a sentence of fine alone should be imposed in
normal circumstances.
 The statute, however, confers special power on the Court to pass a sentence of
imprisonment if it thinks that ends of justice so require.
 Thus, before a Court passes the extreme sentence of imprisonment, it must give
special reasons after a proper application of its mind that a sentence of imprisonment
alone is called for in a particular situation
 Thus, the sentence of imprisonment is an exception while sentence of fine is the rule.
 Ordered fine of 1000- and 15-days simple imprisonment.

Daroga Singh & Ors. v. B.K. Pandey 2004 (5) SCC 26- ADJ beaten up by policemen
 AD&S Judge – D.M. Barai in Bhagalpur, Bihar.
 Trial in case of 1992, one policeman, Joku Singh, being examined as witness, was IO
of that case.
 JS’s statement was recorded. He was the prime witness as he collected the evidences
and prepared the case.
 Summons were issued, he did not appear. Again issued, he did not appear.
 When this happened, bailable warrant was issued, did not appear. Finally, non-
bailable warrant was issued, he appeared.
 Court asked why not contempt proceedings be initiated against him. Sent to judicial
custody.
 Office bearer of the policemen’s association, K.D. Chaudhari approached the court to
get JS’s release. ADJ refused.
 DJ also refused to give bail.
 1997 bail application was withdrawn by the advocate.
 18-20 policemen in civil dress approached the ADJ court.
 ADJ absconded from the chair and went to his chamber. Peon was beaten up by the
policemen.
 Door to chamber was broken, judge also beaten up.
 HC took cognisance. Asked other ADJ to submit a report. Contempt proceedings
initiated in HC.
 All high officials of police summoned in court.
 Some people were identified. Others were asked to be disclosed.
 Summary manner trial held, 6 months’ imprisonment on all the 20 policemen.
 Appealed before SC, charges were not framed, right of being heard not given, etc.
 SC said in contempt proceedings, court is bound by NJ. However, to provide speedy
justice and revive the repute of the court, immediate decision needs to be taken.
 SC dismissed the appeal. No merit in the contentions.
  S. 228 of IPC was attracted and criminal proceedings were going on simultaneously.
 Contempt or professional misconduct proceedings can go on simultaneously with
criminal proceedings.


Praveen C. Shah v. K.A. Mohammad Ali 2001 (8) SCC 650- purging
 Question was- Whether on conviction for criminal contempt, the appellant can be
allowed to practise?
 Ernakulam District Court- resp. advocate guilty of criminal contempt.
 Fine was imposed.
 Purging process has not been provided but in all contempt cases, two things have to
be done:
 Guilt of the contemner proved beyond reasonable doubt.
 Fine has to be imposed.
 How can one purge himself?
 If civil contempt, comply with the further directions of the court, tender an apology to
the court. After that he can start practicing.
 Without purging, he can’t continue practice.
 Court held that an advocate found guilty of contempt cannot be allowed to act or
plead in any court till he purges himself of contempt. This direction was issued having
regard to Rule 11 of the Rules framed by the High Court of Kerala under Section
34(1) of the Advocates Act and also referring to the observations in para 80 of the
judgment of this Court in Supreme Court Bar Assn. v. Union of India, (1998) 4 SCC
409. It was explained that debarring a person from appearing in court was within the
 purview of the jurisdiction of the Court and was different from suspending or
terminating the licence which could be done by the Bar Council and on failure of the
Bar Council, in exercise of appellate jurisdiction of this Court.
 In a given case it may be possible, for this Court or the High Court, to prevent the
contemner advocate to appear before it till he purges himself of the contempt but that
is much different from suspending or revoking his licence or debarring him to practise
as an advocate.
 In a case of contemptuous, contumacious, unbecoming or blameworthy conduct of an
Advocate-on-Record, this Court possesses jurisdiction, under the Supreme Court
Rules itself, to withdraw his privilege to practice as an Advocate-on-Record because
that privilege is conferred by this Court and the power to grant the privilege includes
the power to revoke or suspend it.
 The withdrawal of that privilege, however, does not amount to suspending or
revoking his licence to practice as an advocate in other courts or tribunals.
 Mahipal Singh Rana v. State of U.P., (2016) 8 SCC 33535 also refers to R.K. Anand v.
Delhi High Court, (2009) 8 SCC 106 to the effect “even if there was no rule framed
under Section 34 of the Advocates Act disallowing an advocate who is convicted of
criminal contempt, is not only a measure to maintain dignity and orderly function of
courts, it may become necessary for the protection of the court and for preservation of
the purity of court proceedings.
 Thus, the court not only has a right but also an obligation to protect itself and save the
purity of its proceedings from being polluted, by barring the advocate concerned from
appearing before the courts for an appropriate period of time.
 This Court noticed the observations about the decline of ethical and professional
standards of the Bar, and the need to arrest such trend in the interests of
administration of justice.
 It was observed that in the absence of unqualified trust and confidence of people in
the Bar, the judicial system could not work satisfactorily.
 Merely undergoing the penalty imposed on a contemnor is not sufficient to complete
the process of purging himself of the criminal contempt.
 Purging oneself of contempt can be only by regretting or apologising in the case of a
completed action of criminal contempt.
 Unless a person purges himself of contempt or is permitted by the Court conviction
results in debarring an advocate from appearing in court even in absence of
suspension or termination of the licence to practice.
 A mere statement made by a contemnor before court that he apologises is hardly
enough to amount to purging himself of the contempt. The court must be satisfied of
the genuineness of the apology.

Jurisdiction of courts and Bar council in matters of professional conduct by advocates-

SCBA, RK Anand, Muthukrishnan
SC Bar Association v. UOI AIR 1998 SC 1895 – whether SC can punish for CoC with
suspension of licence
  Advocate disrepute court. Contempt proceedings by SC. Found guilty. Punished – Art.
129 r/w 142- SC shall be the court of record and it will have power to punish for its
contempt, SC has power to issue any direction, order to do complete justice, and give
any punishment as may deem fit. In Re Vinay Chandra Mishra (1995) 2 SCC 584.
 6 weeks imprisonment. Suspension of license for 3 years.
 Complained to the SCBA, that to suspend the license of the advocate is within the
jurisdiction of Bar Council, SC can’t do so.
 CoC Act provides the punishment which has to be awarded. 6 months period of
imprisonment.
 Imposing fine shall be the rule, and imprisonment should be exceptional.
 No other punishment can be inflicted in the CoC case.
 It is to set a precedent that people must obey the court of law, not to be used as a
deterrent.
 Held- suspension can be done by BC only.
 It is, thus, seen that the power of this court in respect of investigation or punishment
of any contempt including contempt of itself, is expressly made 'subject to the
provisions of any law made in this behalf by the parliament' by Article
142(2). However, the power to punish for contempt being inherent in a court of
record, it follows that no act of parliament can take away that inherent jurisdiction of
the Court of Record to punish for contempt and the Parliament's power of legislation
on the subject cannot, therefore, be so exercised as to stultify the status and dignity of
the Supreme Court and/or the High Courts, though such a legislation may serve as a
guide for the determination of the nature of punishment which this court may impose
in the case of established contempt. Parliament has not enacted any law dealing with
the powers of the Supreme Court with regard to investigation and punishment of
contempt of itself.
 The suspension of an Advocate from practice and his removal from the State roll of
advocates are both punishments specifically provided for under the Advocates Act,
1961, for proven "professional misconduct' of an advocate. While exercising its
contempt jurisdiction under Article 129, the only cause or matter before this Court is
regarding commission of contempt of court. There is no cause of professional
misconduct, properly so called, pending before the Court.
 This Court, therefore, in exercise of its jurisdiction under Article 129 cannot take over
the jurisdiction of the disciplinary committee of the Bar Council of the State or the
Bar Council of India to punish an advocate by suspending his licence, which
punishment can only be imposed after a finding of 'professional misconduct' is
recorded in the manner prescribed under the Advocates Act and the Rules framed
thereunder.

RK Anand v. Registrar, Delhi HC (2009)

 In 2001, accident, car driven by Sanjeev Nanda, effluent family of Delhi. 6 people
died. Criminal proceedings going on.
 Sunil Kulkarni was eye witness.
 Sting operation published by NDTV. IU Khan, public prosecutor, Defence lawyer, RK
Anand.
 IUK, RKA, SK met to discuss how to settle this case. This was published. Media trial
began.
 Delhi HC took suo moto evidence, asked NDTV to provide evidence.
 Contempt notice sent to the senior advocates, IUK and RKA.
 Suspended from practice for 4 months.
 This was the controversial case and leading case where there was causal link or
connection between the two established lawyers was exposed while they were
influencing the most important witness of the court, Sunil Kulkarni in the famous case
of BMW hit-and-run, by the TV channel NDTV through sting operation.
 Senior advocate R.K Anand was held guilty for the criminal contempt of the court as
he was suborning the court primary witness.
 Both the appellants were found guilty of criminal contempt of court but later on an
appeal was filed by R.K Anand in the Supreme Court questioning the verdict of the
High Court by mentioning that the punishment offered by the High Court was not
adequate but the Supreme Court pronounced the Judgment and therefore R.K Anand
was convicted of contempt of court and I.U Khan was let off but added that his
conduct was improper.
 Suborning the Court Witness or the Indian Justice System is an odious offence and
one should be punished for the same.
 Whether the conviction of the two appellants for committing criminal contempt of
court was justified and sustainable?
 Whether the procedure adopted by the High Court in the contempt proceedings was
fair and reasonable, causing no prejudice to the two appellants?
 Whether it was open to the High Court to prohibit the appellants from appearing
before the High Court and the courts subordinate to it for a specified period as one of
the punishments for criminal contempt of court?
 Whether in the facts and circumstances of the case the punishments awarded to the
appellants could be said to be adequate and commensurate to their misdeeds?
 ISSUE 1: It was held that the conviction of R.K Anand was justifiable and sustainable
but the conviction of I.U Khan was not justifiable. RK Anand’s appeal – RK Anand
never questioned or doubted the authenticity or credibility of the sting recordings. R.K
Anand kept on changing his statement when he was inquired regarding the sting
recordings. In the facts and circumstances of the case, there was no provision of any
formal proof of the sting recordings, and there was no violation of natural justice in
that he was given copies of all the sting recordings along with their transcripts, and he
was given the fullest opportunity to defend himself and explain his conduct. The court
held the basis of conviction through sting recordings as it was right thing to do. The
unavoidable conclusion is that RK Anand’s conviction for contempt of court is proper,
lawful, and legitimate, and that no intervention is needed.
 IU Khan was referred to as ‘Bade Sahab’ in their conversation one of the members
was Sunil Kulkarni when the sting operation was recorded. It was very significant to
hold I.U Khan convicted of contempt of court by the Delhi High Court as in the
recordings it was interpreted that ‘Bade Sahab’ was referred to I.U Khan. According
to Delhi High Court it was interpreted that R.K Anand was considered as ‘Bade
 Sahab’ as was considered unjustified. It was the finding by the Delhi High Court that
the conduct of I.U Khan and R.K Anand was improper and they went beyond the
bounds of a prosecutor’s and a defense attorney’s reasonable professional behavior or
conduct. It was held that the charge against I.U Khan was not satisfactorily
established and there is a benefit of doubt granted.
 ISSUE 2: High Court was found to be faulty as NDTV was not mentioned as
contemnor at the time of initiation of the proceedings along with the appellants facing
the charges of contempt; there would then have been no scope for the grievance had
the HC put the NDTV on the complainant’s seat.
 ISSUE 3: Yes, the contention that was raised was that High court gave decision
beyond its jurisdiction by suspending or revoking the advocate’s license of which the
High court doesn’t have power as the power of punishing the advocate for
professional misconduct lies with Bar Council of India as the procedure prescribed
under the Advocate’s Act, 1971. Their argument can be interpreted from the case of
Ex. Capt. Harish Uppal vs. UOI where it was found that the revoking of Advocate’s
license is not the punishment for professional misconduct but the reason of suspension
of Advocate’s license was to maintain the dignity, decorum and orderly functions of
Court’s proceedings.
 Their contention is also supported from the case of Supreme Court Bar Association
vs. UOI in which the Constitution Bench observed that the High court or any other
Court has power to prevent the contemnor Advocate from appearing in the court
proceedings so as to purge him for the act of contempt. The court also added that by
preventing an Advocate who is held guilty for contempt of court or professional
misconduct, from attending the court proceedings is not only the sole way to maintain
the decorum and orderly functions of the court but it may be pertinent for the court to
preserve its purity of court proceedings and for the protection of the court.
 ISSUE 4: It was found that the High court showed leniency on its part in meting out
the punishment of misdeeds of R.K Anand as he adopted intimidatory tactics. As an
appellant, R.K Anand attempted to bribe a witness in a criminal trial, but in the High
Court his conduct was aggravated and no remorse for the gross misdemeanor. It was
held with further notice that the conduct and actions of appellant R.K Anand that he
should be kept away from the court proceedings. As how case notice was issued
which further dealt that I.U Khan’s conviction was set aside and the appeal filed by
R.K Anand was dismissed as his punishment was further aggravated or enhanced till
further notice issued to him. The court also discussed the standard of proof in
contempt of court proceedings, pointing out that there is a distinction between a
criminal trial and the manner of proof in a contempt case. The manner of proof was
contended to be different in both the situations but the standard of proof of proving
the facts beyond reasonable doubt was same in both the situations.
 It can be concluded that R.K. Anand provided an opportunity for the Supreme Court
to clarify the law governing sting operations for sub judice cases and the subsequent
contempt proceedings under Contempt of Court, Act, 1971. Finally, the Hon’ble
Supreme Court upheld the conviction of Anand on the same charge by the Delhi High
Court.
 The Supreme Court, on the other hand, freed I U Khan, who had been convicted by
the Delhi High Court.
  NDTV was applauded and finally added to the decision that an Advocate should
understand its role by not demeaning the profession of an Advocate.

R Muthukrishnan v. RG of HC Madras AIR 2019 SC 849- Jurisdiction of courts and Bar

council in matters of professional conduct by advocates
 The Petitioner (an Advocate) has filed the petition Under Article 32 of the
Constitution of India, questioning the vires of amended Rules 14-A, 14-B, 14-C and
14-D of the Rules of High Court of Madras, 1970 made by the High Court of Madras
Under Section 34(1) of the Advocates' Act, 1961 The High Court has inserted Rule
14A in the Rules of High Court of Madras, 1970 empowering the High Court to debar
an Advocate from practicing.
 The High Court has been empowered to take action Under Rule 14B where any
misconduct referred to Under Rule 14-A is committed by an Advocate before the
High Court then the High Court can debar him from appearing before the High Court
and all subordinate courts.
 Under Rule 14-B(v) the Principal District Judge has been empowered to initiate action
against the Advocate concerned and debar him from appearing before any court
within such District.
 The procedure to be followed has been provided in the newly inserted Rule 14-C.
 Pending inquiry, there is power conferred by way of Rule 14-D to pass an interim
order prohibiting the Advocate concerned from appearing before the High Court or
the subordinate courts.
 Petitioner has questioned the vires of amended Rules 14A to D on the ground of being
violative of Articles 14 and 19(1)(g) of the Constitution of India, as also Sections 30,
34(1), 35 and 49(1)(c) of the Advocates Act, as the power to debar for such
misconduct has been conferred upon the Bar Council of Tamil Nadu and Puducherry
and the High Court could not have framed such Rules within ken of Section 34(1) of
the Advocates Act.
 • Rule 14-A provides that an Advocate who is found to have accepted money in the
name of a Judge or on the pretext of influencing him; or who has tampered with the
court record or court order; or browbeats and/or abuses a Judge or judicial officer; or
is responsible for sending or spreading unfounded and unsubstantiated
allegations/petitions against a judicial officer or a Judge to the superior court; or
actively participates in a procession inside the court campus and/or involves in gherao
inside the court hall, or holds placard inside the court hall or appears in the court
under the influence of liquor, the courts have been empowered to pass an interim
order of suspension pending enquiry, and ultimately to debar him from appearing in
the High Court and all other subordinate courts.
 Whether debarment by way of disciplinary measure is outside the purview of Section
34(1) of the Advocates Act and the Rules are ultra vires and impermissible to be
framed within scope of Section 34(1) of the Advocates Act, as they take away the
independence of the Bar and run contrary to the Constitution Bench decision of this
Court in Supreme Court Bar Association v. Union of India.
 The bar association must be self-governing and independent.
  SC held- Section 34 of the Act does not confer such a power to frame Rules to debar
lawyer for professional misconduct.
 The amendment made by providing Rule 14(A)(vii) to (xii) is not authorized under
the Advocate Act.
 The High Court has no power to exercise the disciplinary control. It would amount to
usurpation of the power of Bar Council conferred under Advocates Act.
 However, the High Court may punish advocate for contempt and then debar him from
practicing for such specified period as may be permissible in accordance with law, but
without exercising contempt jurisdiction by way of disciplinary control no
punishment can be imposed.
 As such impugned Rules could not have been framed within the purview of s. 34.
 the High Court has overstretched and exceeded its power even in the situation which
was so grim which appears to have compelled it to take such a measure.
 It can take action, punish for Contempt of Courts Act in case it involves misconduct
done in Court/proceedings. Circumstances may be grim, but the autonomy of the Bar
in the disciplinary matters cannot be taken over by the Court.
 The misconduct as specified in Rule 14-A may also in appropriate cases tantamount to
contempt of court and can be taken care of by the High Court in its contempt
jurisdiction only.

Ex. Captain Harish Uppal v. UOI (2003)- Advocates right to strike

 The petitioner was an ex-army officer who was posted in Bangladesh in Indo-Pak War
in the year 1972, where he was accused of some embezzlement and was brought to
military court in India.
 And after the courts investigation he was court-martialed from his post and was
imprisoned for 2 years.
 Aggrieved by the courts order he filed a pre-affirmation application in the civil court
to audit his matter and after a long stretch of 11 years he got reply from the court
when the limitation period of the survey expired.
 Later it was found that the documents of the survey along with his application got
misplaced due to intense strike by the Advocates.
 And due to this particular reason, the petitioner field a writ petition in the High court
and further appealed to Supreme court to declare Strike by the advocates as illegal.
 Whether advocates have a right to go on strike? Whether bar associations can all for
it?
 In conclusion it is 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 the Court premises banners and/or placards, wearing black or white or
any colour arm bands, peaceful protect marches outside and away from Court
premises, going on dharnas or relay facts etc.
 It is held that lawyers holding Vakalats on behalf of their clients cannot not attend
Courts in pursuance to a call for strike or boycott.
 All lawyers must boldly refuse to abide by any call for strike or boycott.
  No lawyer can be visited with any adverse consequence by the Association or the
Council and no threat or coercion of any nature including that of expulsion can be
held out.
 It is held that no Bar Council or Bar Association can permit calling of a meeting for
purposes of considering a call for strike or boycott and requisition, if any, for such
meeting must be ignored.
 it is held that only in the rarest of rare cases where the dignity, integrity and
Independence of the Bar and/or the Bench are at stake, Courts may ignore (turn a
blind eye) to a protest abstention from work for not more than one day.
 It is being clarified that it will be for the Court to decide whether or not the issue
involves dignity or integrity or Independence of the Bar and/or the Bench.
 Therefore, in such cases the President of the Bar must first consult the Chief Justice or
the District Judge before Advocate decide to absent themselves from Court.
 The decision of the Chief Justice or the District Judge would be final and have to be
abided by the Bar.
 It is held that Courts are under no obligation to adjourn matters because lawyers are
on strike.
 On the contrary, it is the duty of all Courts to go on with matters on their boards even
in the absence of lawyers.
 In other words, Courts must not be privy to strikes or calls for boycotts.
 It is held that if a lawyer, holding a Vakalat of a client, abstains from attending Court
due to a strike call, he shall be personally liable to pay costs which shall be addition to
damages which he might have to pay his client for loss suffered by him.

Recent developments on right to strike

 In April 2020, the Supreme Court said lawyers cannot go on strike or abstain from
work and directed all High Courts to constitute grievance redressal committee at the
State level headed by the Chief Justice, where advocates could make representations
for redressal of “genuine problems”.
 A Bench headed by Justices M.R. Shah and Ahsanuddin Amanullah said that a
separate grievance redressal committee be constituted at District Court level to
provide a forum, where lawyers could seek redressal of their genuine grievances
related to procedural changes in filing or listing of cases or misbehaviour of member
of lower judiciary.
 “We once again reiterate that no member of the bar can go on strike... Time and again
this court has emphasised that advocates going on strike or abstaining from their work
hampers judicial work”.
 Justice Shah, who pronounced the order, said if members of bar have some genuine
grievance or face difficulty because of the procedural changes in filing and listing of
matters or any genuine grievance pertaining to the misbehaviour of member of the
lower judiciary, they can very well make a representation for redressal of genuine
grievance by some forum, so that such strikes could be avoided.