Case Analysis

NIRMA UNIVERSITY
INSTITUTE OF LAW
PROFESSIONAL ETHICS ASSIGNMENT
CASE ANALYSIS
SUPREME COURT BAR ASSOCIATION
UNION OF INDIA
UNDER THE GUIDANCE OF MISS NEHA BHURANEY
SUBMITTED BY- PRIYA GUPTA, 19BAL033
PRADHYUMN YADAV, 19BAL029

BLUE PRINT OF THE CASE ANALYSIS
1. Facts of the case

2. Issue raised
3. Arguments of both the parties
4. Principles involved in the case
5. Judgement of the case
6. Ratio Decidendi of the case
7. Detailed analysis
FACTS OF THE CASE
1. In the case, one Mr. Vinay Chandra Mishra was found guilty of Contempt
of Court for using having interfered with and obstructing the course of
justice by trying to threaten, overbear and overawe the court by using
insulting, disrespectful and threatening language.
2. The Supreme Court awarded him a suspended sentence of

imprisonment together with suspension of his license to practice as an
advocate by invoking its power from Article 129 of the Constitution of
India read along with Article 142 of the Constitution of India.
3. He was sentenced simple imprisonment for a period of six weeks,

however, the sentence would remain suspended for a period of 4 years
and may be activated if the contemner is convicted for an offence of
Contempt of Court within the said period and he was suspended from
practicing as an advocate for a period of three years.
4. Aggrieved by this decision of the Supreme Court, the Supreme Court Bar
Association filed a writ petition under Article 32 of the Constitution of
India seeking an issuance of appropriate writ, direction or declaration,
declaring that the Disciplinary Committees of the Bar Council set up
under the Advocates Act, 1961, alone have exclusive jurisdiction to
inquire into and suspend or debar any advocate from practicing law for
professional or other misconduct.
5. The matter was referred to a Constitution Bench by the Division Bench

and a notice was also issued on the application for interim stay.
ISSUE RAISED
Whether the punishment for established Contempt of Court committed

by an advocate can include the punishment to debar the concerned
advocate from practicing by suspending his license for any period
whatsoever by the Supreme Court in exercise of its powers under Article
129 or under Article 129 read with Article 142 or under Article 142 of
the Constitution of India?
ARGUMENTS OF BOTH THE PARTIES
APPELLANT’S ARGUMENT:
1) They submitted that the powers conferred on this Court by Article
142, though very wide in their aptitude, can be exercised only to “do
complete justice in any case or cause pending before it ” and since
the issue of ‘professional misconduct’ is not the subject matter of
“any cause” pending before this court while dealing with a case of
contempt of court, it could not make any order either under Article
142 or 129 to suspend the license of an advocate for whose
punishment statutory provisions otherwise exist.
2) A court of record under Article 129 of the Constitution does not have
any power to suspend the license of a lawyer to practice because
that is not a punishment which can be imposed under its jurisdiction
to punish for contempt of Court.
3) Article 142 of the Constitution cannot also be enforced to make an

order which has the effect of assuming a jurisdiction which expressly
vests in another statutory body, Disciplinary Committee, constituted
under the Advocates Act, 1961.
4) Article 129 read with Article 142 cannot create a jurisdiction or a

punishment not otherwise permitted by law and for which the power
exclusively rests with a statutory body under the Advocates Act. The
court cannot assume jurisdiction under these two Articles or even
under Section 38 of the Advocates Act, 1961.
RESPONDENT’S ARGUMENT:
1) The jurisdiction and powers of this Court under Article 142 which are
supplementary in nature and are provided to do complete justice in
any matter, are independent of the jurisdiction and powers of this
Court under Article 129 which cannot be taken in any way by any
statutory provision including the provisions of the Advocates Act or
the contempt jurisdiction of the court including this Court. And the
Contempt of Courts Act, 1971 being a statute cannot denude, restrict
or limit the powers of this Court to take action for contempt under
Article 129.
2) With 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 its 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. Therefore, the Advocates
Act, 1961 cannot be pressed to restrict the said jurisdiction.
PRINCIPLES INVOLVED
Article 129, Constitution of India:

Supreme Court to be a Court of Record
The Supreme Court shall be a court of record and shall have all the
power of such a court including the power to punish for contempt of
itself.
Article 142, Constitution of India:

Subject to the provisions of any law Enforcement of decrees and orders
of Supreme Court and orders as to discovery, etc. –
(1) The Supreme Court in the exercise of its jurisdiction may pass such
decree or make such order as is necessary for doing complete justice
in any cause or matter pending before it.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for
the purpose of securing the attendance of any person, the discovery
or production of any documents, or the investigation or punishment
of any contempt of itself.
Article 32 of the Constitution of India:

It provides the right to Constitutional remedies which means that a
person has the right to move to the Supreme Court for getting his
fundamental rights protected.
Article 35 of the Advocates Act, 1961:

It talks about referral of cases of professional misconduct or other
misconduct to Disciplinary Committees.
Section 12(1) of Contempt of Courts Act, 1971:

A Contempt of Court may be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to
two thousand rupees or with both.
JUDGEMENT
The court held that the advocate need not be assessed by Supreme Court as there
is a separate statutory body to assess the misconduct. The court, therefore, in
exercise of its jurisdiction under Article 129 read along with Article 142 cannot
take over the jurisdiction of the Disciplinary Committee of the Bar Council of the
State or the Bar Council of India while punishing an advocate for Contempt of
Court and impose a punishment of suspending the license to practice. Such a
punishment cannot even be imposed by taking recourse to the appellate powers
under Section 38 of the Act while dealing with a case of Contempt of Court and
not an appeal relating to professional misconduct.
RATIO DECIDENDI
In this case, the Division Bench, relied upon its inherent powers under Article 142,
to punish him by suspending his license, without the Bar Council having been
given any opportunity to deal with his case under the Act.
It was noted that, wider the amplitude of its power under Article 142, the greater
is the need of care for this Court to see that the power is used with restraint
without pushing back the limits of the constitution so as to function within the
bounds of its own jurisdiction. To the extent, this Court makes the statutory
authorities and other organs of the State perform their duties in accordance with
law, its role is unexceptionable but it is not permissible for the Court to “take
over” the role of the statutory bodies or other organs of the State and “perform”
their functions.
Detailed Analysis
We firmly believe that the judgement has been rightly overruled by the Supreme
Court’s Constitution Bench. If there is a proviso for a statutory body dealing with
a particular matter then the case should be dealt according to it and the Court
should not exercise its jurisdiction and take over the role of such bodies in dealing
such cases. Also, the Supreme Court had no power to cancel the license under
Contempt of Courts Act which expressly says that the Court can either sentence
imprisonment or impose a fine or both. So, it was ultra vires to cancel his license.

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NIRMA UNIVERSITY

PROFESSIONAL ETHICS ASSIGNMENT

SUPREME COURT BAR ASSOCIATION

UNDER THE GUIDANCE OF MISS NEHA BHURANEY

SUBMITTED BY- PRIYA GUPTA, 19BAL033

PRADHYUMN YADAV, 19BAL029

1. Facts of the case

2. The Supreme Court awarded him a suspended sentence of

3. He was sentenced simple imprisonment for a period of six weeks,

5. The matter was referred to a Constitution Bench by the Division Bench

Whether the punishment for established Contempt of Court committed

3) Article 142 of the Constitution cannot also be enforced to make an

4) Article 129 read with Article 142 cannot create a jurisdiction or a

2) With the power to punish for contempt being inherent in a Court of

Article 129, Constitution of India:

Article 142, Constitution of India:

Article 32 of the Constitution of India:

Article 35 of the Advocates Act, 1961:

Section 12(1) of Contempt of Courts Act, 1971:

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