Course-XIII

Professional Ethics, Accountancy

for Lawyers and Bench Bar
Relations
Unit-I  Legal Profession: Its Nature, Evolution and Development in India. 01-04
 Meaning of Ethics, Object of Legal Ethics, Necessity for an Ethical
Code

Unit-II  Rights, Privileges, Duties, Disabilities and Social Responsibilities 05-10

of an Advocate.

 Standard of Professional Conduct and Etiquette.

 Professional and other Misconducts.

Unit-III  Powers and Procedure of Disciplinary Committees of the Bar. 11-17

 Accountancy for Lawyers.

 Bench Bar Relations.

Unit-IV  Legality of Lawyers Strike in the Right-Duty Discourse. 18-28

 Contempt Law and Practice: The Contempt of Courts Act, 1971.

 The Facts and Principle of Law laid down in :

- R.K. Garg V State of Himachal Pradesh, AIR 1981 SC 1382.

- M.B. Sanghi V High Court of Punjab & Haryana, AIR 1991 SC 1834

- Ex-Capt. Harish Uppal V. Union of India, 2002 (9) SCALE 357

- Bar Council of Maharashtra V. M.V. Dabholkar, (1976) 2 SCC 291

- Satish Kumar Sharma V. Bar Council of H.P., AIR 2001 SC 509

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Unit-I

 Legal Profession: Its Nature, Evolution and Development in India

The legal profession in India has a rich history and has undergone significant
evolution and development over the years.
The legal profession involves providing legal services to individuals, businesses,
and other organizations. Lawyers, also known as advocates, attorneys, or
solicitors, are the primary professionals in the legal profession. They provide legal
advice and represent clients in various legal matters, such as criminal defense,
civil litigation, contract disputes, family law, intellectual property, and corporate
law.
In India, the legal profession is regulated by the Bar Council of India, which is a
statutory body created under the Advocates Act, 1961. The Bar Council of India
sets standards for legal education, regulates the professional conduct of
advocates, and provides for disciplinary action against advocates who violate
ethical norms or engage in misconduct.
To become a lawyer in India, one must complete a law degree from a recognized
university and enroll with a State Bar Council. After enrollment, lawyers are
required to complete a one-year apprenticeship under a senior advocate or a law
firm. After the apprenticeship, lawyers can practice independently or work for law
firms, corporations, or government agencies.
The legal profession plays a critical role in upholding the rule of law and
protecting the rights of individuals and society. Lawyers are instrumental in
ensuring access to justice, promoting social justice, and advocating for legal
reforms. As the legal system evolves and responds to changing social, economic,
and technological trends, the legal profession also adapts to new challenges and
opportunities.
Nature of the Legal Profession:
The legal profession in India is regulated by the Bar Council of India, which is a
statutory body established under the Advocates Act, 1961. The profession is
highly respected and regarded in Indian society and is considered as one of the
noblest professions. Lawyers are often seen as advocates for justice and
defenders of individual rights.
The legal profession in India is one of the oldest and most respected professions,
known for its role in upholding the rule of law and protecting individual rights.
The profession is regulated by the Bar Council of India, which sets standards for
legal education and professional conduct.
The legal profession in India has evolved over time, with its roots traced back to
ancient times when experts in law were consulted for resolving disputes. During
the British colonial rule, the English legal system was introduced, which was
based on common law and statutory law. The modern legal profession in India
was modeled on the English system and established after the Indian High Courts
Act was passed in 1861.
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After India gained independence in 1947, the legal profession underwent

significant development, with the Constitution of India providing for an
independent judiciary and guaranteeing the right to legal representation. Today,
the legal profession in India is highly competitive, with thousands of lawyers
practicing in various fields such as civil law, criminal law, corporate law, and
intellectual property law.
The legal profession in India is highly respected and considered as one of the
noblest professions. Lawyers are often seen as advocates for justice and
defenders of individual rights. The profession also promotes diversity and
inclusivity, with more women and members of minority communities entering the
profession.
Evolution of the Legal Profession:
The evolution of the legal profession in India can be traced back to ancient times.
In the Vedic period, there were people called Brahma who were considered as
experts in law and were consulted for resolving disputes. During the Mauryan
period, there were officials called Dhamma Mahamatras who were responsible for
enforcing the law and resolving disputes.
The modern legal profession in India started to take shape during the British
colonial rule. The British introduced the English legal system, which was based on
common law and statutory law. They also established courts and a legal
profession that was modeled on the English system. In 1861, the Indian High
Courts Act was passed, which created high courts in India and established a
uniform legal system throughout the country.
Development of the Legal Profession:
After India gained independence in 1947, the legal profession underwent
significant development. The Constitution of India, which was adopted in 1950,
provided for an independent judiciary and guaranteed the right to legal
representation. The legal profession also became more diverse, with more women
and members of minority communities entering the profession.
Today, the legal profession in India is highly competitive, with thousands of
lawyers practicing in various fields such as civil law, criminal law, corporate law,
and intellectual property law. The Bar Council of India regulates legal education
and sets standards for the profession. The Supreme Court of India is the highest
court of the land and has played a significant role in shaping the legal profession
in the country.
In conclusion, the legal profession in India has evolved over the years and has
played a crucial role in upholding the rule of law and protecting individual rights.
The profession continues to develop and adapt to changing times and challenges,
and remains an essential part of Indian society.
The legal profession in India is an essential part of the country's society and plays
a crucial role in upholding the rule of law and protecting individual rights. The
profession's nature is highly regulated, competitive, and diverse, with a strong
emphasis on professional conduct and ethical behavior.
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 Meaning of Ethics, Object of Legal Ethics, Necessity for an Ethical

Code

- Ethics in the legal profession refers to the set of principles and rules
that govern the professional conduct of lawyers in India. These principles and
rules are designed to ensure that lawyers maintain high standards of integrity,
honesty, and professionalism while providing legal services to clients and
interacting with the legal system.
The Bar Council of India has laid down rules of conduct and etiquette for lawyers
in the Advocates Act, 1961 and the Bar Council of India Rules. These rules include
obligations to maintain confidentiality, avoid conflicts of interest, act in the best
interest of clients, maintain professional competence, and uphold the dignity and
decorum of the legal profession.
Lawyers are also expected to adhere to the principles of justice, fairness, and
integrity in their interactions with clients, colleagues, judges, and other
stakeholders in the legal system. They are expected to provide competent and
diligent representation to clients, and to avoid engaging in any conduct that might
undermine the administration of justice.
In addition to these general ethical principles, lawyers in India are also subject to
specific rules of professional conduct in their interactions with clients, such as
prohibitions on soliciting clients or engaging in fee-splitting arrangements. They
are also required to maintain accurate records of their transactions with clients
and to provide timely and honest communication with clients regarding the status
of their legal matters.
Violation of ethical principles in the legal profession can lead to disciplinary action
by the Bar Council of India, including suspension or revocation of the lawyer's
license to practice law. In addition, ethical violations can also lead to civil liability
or criminal sanctions, depending on the nature and severity of the misconduct.
- The object of legal ethics in the legal profession in India is to maintain
high standards of professionalism, integrity, and ethical conduct among lawyers.
The ethical rules and principles that govern the legal profession are designed to
ensure that lawyers act in the best interests of their clients, maintain the dignity
and decorum of the legal profession, and uphold the rule of law.
Some of the specific objects of legal ethics in the legal profession in India include:
Protection of client's interests: The primary objective of legal ethics is to
protect the interests of clients by ensuring that lawyers act in their best interests,
maintain confidentiality, avoid conflicts of interest, and provide competent and
diligent representation.
Upholding the dignity of the profession: Legal ethics also aim to maintain
the dignity and decorum of the legal profession by ensuring that lawyers conduct
themselves with professionalism, honesty, and integrity. This includes refraining
from engaging in any conduct that may bring disrepute to the legal profession.
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Promoting justice and fairness: Legal ethics also aim to promote justice and
fairness by ensuring that lawyers uphold the rule of law and do not engage in any
conduct that undermines the administration of justice.
Protecting the public interest: Legal ethics also serve to protect the public
interest by ensuring that lawyers maintain high standards of professionalism and
ethical conduct, and by providing a mechanism for holding lawyers accountable
for misconduct or unethical behavior.
In summary, the object of legal ethics in the legal profession in India is to
maintain the highest standards of professionalism and ethical conduct among
lawyers, in order to protect the interests of clients, uphold the dignity of the legal
profession, promote justice and fairness, and protect the public interest.

- An ethical code is necessary in the legal profession in India to maintain

the integrity and trust of the legal system. The legal profession is a noble one,
and it is essential to maintain high ethical standards to ensure that justice is
served in a fair and transparent manner.
The Bar Council of India, which is the regulatory body for legal education and the
legal profession in India, has formulated the Bar Council of India Rules, which
provide a code of ethics for lawyers. The rules lay down guidelines for the
conduct of lawyers, including their duty to uphold the rule of law, maintain
confidentiality, and avoid conflicts of interest.
The ethical code is essential to ensure that lawyers act in the best interests of
their clients and do not engage in any unethical or illegal behavior. It also ensures
that lawyers maintain the dignity and respect of the legal profession, which is
crucial for the proper functioning of the legal system.
In recent times, there have been instances of unethical practices by lawyers, such
as taking bribes, misrepresenting facts, and engaging in other illegal activities.
Such practices not only undermine the credibility of the legal system but also
erode public trust in the judiciary.
Therefore, it is imperative to enforce ethical standards in the legal profession
through effective regulation and disciplinary action against those who violate
them. The Bar Council of India has the responsibility to ensure that lawyers
adhere to the ethical code and take action against those who violate it.
In conclusion, an ethical code is necessary in the legal profession in India to
maintain the credibility and trust of the legal system. It is the responsibility of all
stakeholders, including lawyers, the Bar Council of India, and the judiciary, to
ensure that ethical standards are upheld and violators are held accountable.
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Unit-II
 Rights, Privileges, Duties, Disabilities & Social Responsibilities of
an Advocate.

- Rights
Advocates in India enjoy various rights and privileges under the law, which are
necessary to ensure that they can carry out their duties effectively and
independently. Some of the rights of advocates in India are as follows:
- Right to practice: Every person who has been enrolled as an advocate
with the Bar Council of India or a State Bar Council has the right to practice
law throughout India.
- Right to appear in courts: Advocates have the right to appear in courts
and present arguments on behalf of their clients. They can also file
petitions and represent clients in legal proceedings.
- Right to access court records: Advocates have the right to access court
records and obtain copies of court documents that are necessary for their
clients' cases.
- Right to fee: Advocates have the right to receive reasonable fees for their
services, which are determined by mutual agreement between the
advocate and the client.
- Right to maintain confidentiality: Advocates have the right to maintain
confidentiality regarding their clients' matters, and they cannot disclose any
information without their client's consent.
- Right to freedom of speech and expression: Advocates have the right
to express their opinions and views freely, both inside and outside the
court.
- Right to seek adjournments: Advocates have the right to seek
adjournments in cases when necessary, provided that they do not cause
undue delay or inconvenience to the court or other parties involved.
- Right to practice without fear or favor: Advocates have the right to
practice law without any fear or favor, and they cannot be threatened or
intimidated for performing their duties.
In conclusion, advocates in India enjoy various rights and privileges under the
law, which are essential for the proper functioning of the legal system. It is the
responsibility of all stakeholders, including the advocates, the Bar Council of
India, and the judiciary, to ensure that these rights are protected and upheld.

- Privileges
Advocates in India enjoy certain privileges that are essential for the effective
discharge of their professional duties. Some of the privileges enjoyed by
advocates in India are:
- Exemption from appearing in person: Advocates are exempted from
appearing in person in some cases, such as when they are representing
clients in high courts and Supreme Court. They can instead authorize their
juniors or other advocates to appear on their behalf.
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- Right to audience: Advocates have the right to appear and argue on

behalf of their clients in all courts, tribunals, and other authorities where
judicial or quasi-judicial proceedings are held.
- Right to seek the court's indulgence: Advocates can seek the court's
indulgence in certain situations, such as seeking time for filing documents,
seeking adjournment of the case, or for any other relief.
- Right to privileged communication: Advocates have the right to
maintain privileged communication with their clients, which means that any
communication between them is confidential, and cannot be disclosed
without the client's consent.
- Right to access court documents: Advocates have the right to access
court documents, including the case file, orders, and judgments, which are
necessary for their clients' cases.
- Exemption from jury service: Advocates are exempted from serving on
a jury, which is a group of citizens who are called upon to deliver a verdict
in a criminal trial.
- Exemption from personal appearance in contempt cases: Advocates
are exempted from personal appearance in contempt cases, which are filed
against them for allegedly disobeying or disrespecting the court's orders.
In conclusion, advocates in India enjoy certain privileges that are essential for the
proper functioning of the legal system. These privileges are designed to enable
advocates to perform their duties effectively and independently, and they should
be protected and upheld by all stakeholders in the legal system.

- Duties
Advocates in India have several important duties to fulfill as professionals in the
legal system. These duties are aimed at ensuring that they maintain high ethical
standards and uphold the rule of law. Some of the duties of advocates in India
are:
- Duty to the court: Advocates have a duty to assist the court in the
administration of justice. This duty requires advocates to act with integrity,
fairness, and professionalism, and to avoid any conduct that undermines
the integrity of the court.
- Duty to the client: Advocates have a duty to act in the best interests of
their clients, within the bounds of the law. This duty requires advocates to
provide competent legal advice, represent their clients' interests zealously,
and maintain confidentiality regarding their clients' matters.

- Duty to the opponent: Advocates have a duty to treat their opponents

with respect and fairness. This duty requires advocates to avoid any
conduct that is disrespectful or hostile towards their opponents.
- Duty to the profession: Advocates have a duty to uphold the standards
and dignity of the legal profession. This duty requires advocates to
maintain high ethical standards, avoid any conduct that brings disrepute to
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the profession, and to contribute to the development and improvement of

the legal system.
- Duty to society: Advocates have a duty to promote and protect the rule
of law, and to ensure that justice is accessible to all members of society.
This duty requires advocates to be mindful of the impact of their actions on
society, and to act in a way that promotes the public interest.
- Duty to maintain professional competence: Advocates have a duty to
maintain their professional competence by keeping themselves updated on
legal developments and by continuously improving their knowledge and
skills.
In conclusion, advocates in India have several important duties to fulfill as
professionals in the legal system. These duties are essential for maintaining the
integrity and credibility of the legal system, and for ensuring that justice is served
in a fair and transparent manner.

- Disabilities

The legal profession in India is open to all individuals who meet the necessary
qualifications and requirements. However, individuals with disabilities may face
certain challenges in fulfilling the duties and responsibilities of an advocate. Some
of the disabilities that may affect an advocate's ability to practice law in India are:
- Visual impairment: Advocates with visual impairments may face
challenges in reading and interpreting legal documents, as well as in
conducting research and preparing written submissions.
- Hearing impairment: Advocates with hearing impairments may face
challenges in communicating effectively with clients, colleagues, and the
court, particularly in courtrooms where there may be background noise or
interference.
- Physical disabilities: Advocates with physical disabilities may face
challenges in accessing courtrooms, law offices, and other locations where
legal proceedings may take place. They may also face challenges in
conducting investigations or visiting clients in remote or inaccessible
locations.
- Mental health disabilities: Advocates with mental health disabilities may
face challenges in managing stress and coping with the demands of the
profession. They may also face stigma and discrimination in the legal
profession and society at large.
Despite these challenges, it is important to note that individuals with disabilities
can still become successful advocates in India. There are several organizations
and initiatives aimed at promoting diversity and inclusion in the legal profession,
and providing support and accommodations for individuals with disabilities.
Additionally, advances in technology and assistive devices can help individuals
with disabilities to overcome many of the challenges they may face in the legal
profession. It is important for the legal profession in India to continue to work
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towards greater accessibility and inclusivity for individuals with disabilities, in

order to ensure that the legal system is open and accessible to all.

- Social Responsibilities
Advocates in India have an important role to play in society, not just as legal
professionals, but also as members of the wider community. They have social
responsibilities that extend beyond their professional duties, and that require
them to contribute to the development and well-being of society. Some of the
social responsibilities of advocates in India are:
- Promoting access to justice: Advocates have a responsibility to promote
access to justice for all members of society, including marginalized and
vulnerable groups. This can involve pro bono work, providing legal aid, or
advocating for legal reforms that promote greater access to justice.
- Upholding human rights: Advocates have a responsibility to uphold
human rights and promote social justice. This can involve advocating for
the rights of marginalized and vulnerable groups, as well as supporting
initiatives and campaigns aimed at promoting human rights and social
justice.
- Promoting diversity and inclusion: Advocates have a responsibility to
promote diversity and inclusion in the legal profession and society at large.
This can involve supporting initiatives and campaigns aimed at promoting
diversity and inclusion, as well as challenging discrimination and prejudice
wherever it occurs.
- Educating the public: Advocates have a responsibility to educate the
public about their legal rights and responsibilities. This can involve
conducting legal awareness campaigns, providing legal education and
training, and participating in community outreach programs.
- Volunteering and community service: Advocates have a responsibility
to give back to their communities by volunteering and engaging in
community service. This can involve participating in community
development projects, supporting charitable organizations, or providing pro
bono legal services to those in need.
In conclusion, advocates in India have important social responsibilities that
extend beyond their professional duties. By promoting access to justice,
upholding human rights, promoting diversity and inclusion, educating the public,
and engaging in community service, advocates can contribute to the development
and well-being of society, and help to promote a more just and equitable world.

- Standard of Professional Conduct and Etiquette

The Standard of Professional Conduct and Etiquette is a set of guidelines that
govern the behavior of advocates and legal professionals in India. The purpose of
these standards is to maintain the integrity and dignity of the legal profession,
and to ensure that advocates maintain high ethical and professional standards in
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their work. Some of the key elements of the Standard of Professional Conduct
and Etiquette in India include:
- Duty to the court: Advocates have a duty to uphold the integrity and
independence of the judiciary, and to act in the best interests of their
clients while also respecting the court.
- Duty to the client: Advocates have a duty to act in the best interests of
their clients, while also maintaining confidentiality, avoiding conflicts of
interest, and providing competent and diligent representation.
- Duty to the profession: Advocates have a duty to maintain the highest
standards of ethical and professional conduct, and to avoid conduct that is
unbecoming of an advocate.
- Duty to society: Advocates have a duty to promote access to justice,
uphold human rights, and contribute to the development and well-being of
society.
Some of the specific guidelines and rules of conduct outlined in the Standard of
Professional Conduct and Etiquette in India include:
- Maintaining professional decorum and demeanor in court and in all
professional interactions.
- Avoiding misconduct, such as engaging in fraud, deception, or
misrepresentation.
- Maintaining client confidentiality and avoiding conflicts of interest.
- Refraining from engaging in any activity that would compromise the
integrity or independence of the judiciary.
- Providing competent and diligent representation to clients.
- Refraining from engaging in any conduct that would bring disrepute to the
legal profession.
In summary, the Standard of Professional Conduct and Etiquette in India outlines
the ethical and professional responsibilities of advocates and legal professionals.
By adhering to these guidelines, advocates can maintain the integrity and dignity
of the legal profession, and ensure that they are providing competent and diligent
representation to their clients while also upholding the values of justice and
fairness in society.
- Professional and other Misconducts
Professional misconduct refers to any behavior or action by an advocate or legal
professional that is unethical or violates the rules of professional conduct. In
India, professional misconduct is defined by the Bar Council of India Rules, which
outlines specific actions that can be considered as professional misconduct. Some
of the common examples of professional misconduct include:
- Negligence: Failing to provide competent and diligent representation to a
client, which can include errors or omissions in legal advice, failure to meet
deadlines or appear in court, or failure to conduct a thorough investigation
of a case.
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- Misappropriation of client funds: Using client funds for personal gain or

failing to properly account for client funds can be considered professional
misconduct.
- Misconduct in court: Engaging in behavior that is disruptive or
disrespectful to the court, such as making unfounded accusations or using
abusive language, can be considered professional misconduct.
- Breach of confidentiality: Disclosing confidential client information
without proper authorization can be considered professional misconduct.
- Conflict of interest: Engaging in activities or relationships that create a
conflict of interest with a client can be considered professional misconduct.
- Advertising violations: Engaging in misleading advertising or making
false claims about professional credentials can be considered professional
misconduct.
Other misconduct that may not necessarily be related to the professional practice
of an advocate or legal professional may include criminal offenses or behavior
that violates social norms or ethics.
Penalties for professional misconduct can vary depending on the nature and
severity of the misconduct. Some common penalties include fines, suspension or
revocation of the advocate's license, or other disciplinary action taken by the Bar
Council of India. It is important for advocates and legal professionals to adhere to
the rules of professional conduct and avoid any behavior that could be considered
professional misconduct, in order to maintain the integrity and reputation of the
legal profession.
- Advocate
In India, an advocate is a legal professional who is qualified to represent clients in
court and provide legal advice on a range of legal issues. Advocates are also
known as lawyers or attorneys.
The term “advocate” is defined in the Advocates Act, 1961, which regulates the
legal profession in India. According to the Act, an advocate is a person who has
been enrolled as an advocate under the provisions of the Act and whose name
appears on the rolls of the State Bar Council.
To become an advocate in India, a person must hold a law degree and pass a bar
examination. They must then enroll with the State Bar Council in the state where
they wish to practice. Once enrolled, advocates are subject to the rules and
regulations of the Bar Council of India, including the Standard of Professional
Conduct and Etiquette.
Advocates may provide legal advice and representation in a range of legal areas,
including civil law, criminal law, corporate law, family law, and more. They may
represent clients in a variety of legal proceedings, such as trials, hearings,
arbitrations, and mediations.
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Unit-III
 Powers & Procedure of Disciplinary Committees of the Bar
 Powers of Disciplinary committee
Section 42 of Advocates Act 1961, provides the Powers of Disciplinary Committee
of a Bar Council. The Provisions of this Section are same for both, the State Bar
Council as well the Bar Council of India.
According to Section 9 of Advocates Act 1961 A Bar Council shall constitute one
or more disciplinary committees, each of which shall consist of three persons of
whom 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 sub-section (2) of section 3
and who are not members of the Council, and the senior-most advocate amongst
the members of a disciplinary committee shall be the Chairman thereof.
1) The disciplinary committee of a Bar Council shall have the same powers as
are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in
respect of the following matters, namely —
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or
office;
(e) issuing commissions for the examination of witness or documents.
(f) any other matter which may be prescribed:
Provided that no such disciplinary committee shall have the right to require the
attendance of —
(a) any presiding officer of a Court except with the previous sanction of
the High Court to which such court is subordinate;
(b) any officer of a revenue court except with the previous sanction of
the State Government.
2) All proceedings before a disciplinary committee of a Bar Council shall be
deemed to be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code, 1860, and every such disciplinary committee shall be
deemed to be a civil court for the purposes of sections 480, 482 and 485 of the
Code of Criminal Procedure, 1898.
3) For the purposes of exercising any of the powers conferred by sub-section
(1), a disciplinary committee may send to any civil court in the territories to which
this Act extends, any summons or other process, for the attendance of a witness
or the production of a document required by the committee or any commission
which it desires to issue, and the civil court shall cause such process to be served
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or such commission to be issued, as the case may be, and may enforce any such
process as if it were a process for attendance or production before itself.
4) Notwithstanding the absence of the Chairman or any member of a
disciplinary committee on date fixed for the hearing of a case before it, the
disciplinary committee may, if it so thinks fit, hold or continue the proceedings on
the date so fixed and no such proceedings and no order made by the disciplinary
committee in any such proceedings shall be invalid merely by reason of the
absence of the Chairman or member thereof on any such date:
Provided that no final orders of the nature referred to in sub- section (3) of
section 35 shall be made in any proceeding unless the Chairman and other
members of the disciplinary committee are present.

Sub-section (3) of Section 35 :

―The disciplinary committee of a State Bar Council after giving the advocate
concerned and the Advocate-General an opportunity of being heard, may make
any of the following orders, namely —
(a) dismiss the complaint or, where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.‖
5) Where no final order of the nature referred to in sub-section (3) of section
35 can be made in any proceedings in accordance with the opinion of the
Chairman and the members of a disciplinary committee either for want of
majority opinion amongst themselves or otherwise, the case, with their opinion
thereon, shall be laid before the Chairman of the Bar Council concerned or if the
Chairman of the Bar Council is acting as the Chairman or a member of the
disciplinary committee, before the Vice-Chairman of the Bar Council, and the said
Chairman or the Vice Chairman of the Bar Council, as the case may be, after such
hearing as he thinks fit, shall deliver his opinion and the final order of the
disciplinary committee shall follow such opinion.
- Procedures of Disciplinary committee
The Disciplinary Committees of the Bar Councils in India have specific procedures
to follow when investigating complaints of professional misconduct against
advocates. The procedures are designed to ensure a fair and impartial inquiry and
to protect the rights of the advocate.
The procedures of the Disciplinary Committees may vary slightly depending on
the specific rules of the Bar Councils, but generally, they involve the following
steps:
- Receipt of Complaint: The Disciplinary Committee receives a complaint
of professional misconduct against an advocate.
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- Preliminary Examination: The Disciplinary Committee conducts a

preliminary examination of the complaint to determine whether it is prima
facie valid and whether there is sufficient evidence to proceed with an
inquiry.
- Notice to Advocate: If the Disciplinary Committee decides to proceed
with an inquiry, it issues a notice to the advocate, informing them of the
complaint and the allegations of professional misconduct.
- Response by Advocate: The advocate has the right to respond to the
allegations of professional misconduct and may submit written evidence
and call witnesses in their defense.
- Inquiry: The Disciplinary Committee conducts an inquiry into the
allegations of professional misconduct. The inquiry may involve the
examination of witnesses, the submission of documents, and the cross-
examination of evidence.
- Findings and Decision: Based on the evidence presented, the
Disciplinary Committee makes findings of fact and decides whether the
advocate has committed professional misconduct. If the advocate is found
guilty, the Disciplinary Committee determines the appropriate disciplinary
action, which may include reprimand, suspension, or striking off the rolls.
- Appeal: The advocate may appeal the decision of the Disciplinary
Committee to the Bar Council of India or the appropriate High Court.
It is important to note that the procedures of the Disciplinary Committees are
designed to ensure that advocates are held accountable for their actions and that
clients are protected. At the same time, the procedures are also intended to
protect the rights of the advocate and ensure a fair and impartial inquiry.
- Remedies against the Order of Punishment Passed by the
Disciplinary Committee
Section 35 of Advocate Act 1961 provides for punishment for professional
misconduct or other misconduct. In exercise of powers under Section 35 of the
Advocate Act, on receipt of a complaint against an advocate or suo moto, if the
State Bar Council has reason to believe that any Advocate on its roll has been
guilty of professional or other misconduct, disciplinary proceedings may be
initiated against him. The Disciplinary Committee of the State Bar Council is
empowered to inflict punishment including removal of his name from the rolls of
the Bar Council and suspending him from practice for a period deemed fit by it,
after giving advocate concerned and the Advocate-General of the state an
opportunity of hearing. However, an appeal against the order of the Disciplinary
Committee may be preferred to the bar Council of India under Section 37 and
thereafter to the Supreme Court of India against the order of the Bar Council of
India under the section 38 of Advocate Act, 1961.
If an advocate is found guilty of professional misconduct by the Disciplinary
Committee of the Bar Council and is subjected to disciplinary action, the advocate
has the right to appeal the decision to higher authorities. The remedies available
 P a g e | 14

to an advocate against the order of punishment passed by the Disciplinary

Committee are as follows:
- Appeal to the Bar Council of India: The first remedy available to an
advocate is to appeal to the Bar Council of India against the order of
punishment passed by the Disciplinary Committee. The appeal must be
filed within 60 days of the date of the order, and it must be supported by
the grounds on which the appeal is made.
- Appeal to the High Court: If an advocate is not satisfied with the
decision of the Bar Council of India, they may appeal to the appropriate
High Court within 60 days of the date of the decision. The High Court has
the power to review the decision of the Disciplinary Committee and the Bar
Council of India.
- Review Petition: An advocate may also file a review petition before the
Disciplinary Committee if there are any errors apparent on the face of the
record or if there is new evidence that was not available at the time of the
inquiry.
- Writ Petition: An advocate may also file a writ petition before the
appropriate High Court if they believe that their fundamental rights have
been violated or if the decision of the Disciplinary Committee or the Bar
Council of India is against the principles of natural justice.
It is important to note that the remedies against the order of punishment passed
by the Disciplinary Committee are intended to ensure that advocates are not
unfairly punished for professional misconduct. At the same time, the remedies are
also intended to ensure that the interests of clients and the integrity of the legal
profession are protected.
- Accountability of Lawyers
The advocate has been made responsible. Section 35 of the Advocates Act gives
that where on receipt of grumbling or in any case a State Bar Council has the
motivation to accept that any advocate on its roll has been blameworthy of an
expert or other unfortunate behavior, it will allude the case for removal to its
disciplinary advisory group.
The disciplinary council can rebuff the advocate for the expert or other offense.
Where on receipt of protest or in any case the Bar Council of India has the
motivation to accept that any promoter whose name isn‘t entered on any State
Roll has been blameworthy of an expert or other unfortunate behavior, it will
allude the case for removal to its disciplinary board of trustees. This board of
trustees can rebuff the advocate for such unfortunate behavior.
The ‗proficient or other wrongdoing‘ incorporates the penetration of obligations
explicit by the guidelines made by the Bar Council of India. The penetrate of
obligation has, in this way, been made culpable. The request for the disciplinary
board of trustees of the State Bar Council might be tested in an offer before the
Bar Council of India and the request for the disciplinary panel of the Bar Council
of India might be tested in a claim under the watchful eye of the Supreme Court.
 P a g e | 15

In 1923, a Committee called the Indian Bar Committee was established under the
Chairmanship of Sir Edward Chamier. The Committee was to consider the issue
regarding the association of the Bar on all Indian premises and the foundation of
an all-India Bar Council for the High Court. The Committee was not for arranging
the Bar on all India premises and building up an all India Bar Council.
The Committee recommended that in every single High Court a solitary evaluation
of experts ought to be set up and they ought to be called advocates. On the
satisfaction of specific conditions, vakils ought to be permitted to argue on the
first side of the three High Courts. A Bar Council ought to comprise every High
Court. It ought to have the capacity to enquire into issues profession for
disciplinary activity against a legal counsellor. The High Court ought to be given
disciplinary force however before making any move, it ought to allude the case to
the Bar Council for inquiry and report.
In 1926, the Indian Bar Councils Act was ordered to offer an impact to the
portion of the proposals of the Indian Bar Committee, 1923 (expressed
previously). The fundamental object of the act was to accommodate the
constitution and fuse of the Bar Council for specific courts, to present powers and
force obligations on such Councils, and furthermore to unite and revise the law
identifying with the legitimate specialists of such courts.
The Act made arrangements for the foundation of a Bar Council for each High
Court. Each Bar Council was to comprise of 15 individuals. Four of such
individuals were to be selected by the High Courts and ten of them were to be
advocates, consequently, was nullified. Notwithstanding, no advocate (regardless
of whether the counsellor or not) was allowed to follow up on the first side, yet
he could show up and argue just on the guidance of the lawyer on record.
Section 10 of the Indian Bar Council Act, 1926 engaged the High Court to
criticize, suspend or expel from training any advocate of the High Court when it
saw him as blameworthy of an expert or other unfortunate behavior.
Section 10 of the Bar Council Act, 1926, ―endless supply of a protest made to it
by any Court or by the Bar Council or by whatever another individual that any
such advocate has been blameworthy of offense, the High Court will, on the off
chance that it doesn‘t immediately dismiss the objection, allude the case for
request either to the Bar Council or after an interview with the Bar Council to the
Court of a District Judge and may of its own movement so allude any case where
it has in any case motivation to accept that any such Advocate has been so liable.

- Bench Bar Relations

Bench Bar relations refer to the professional relationship between the judges of a
court (the "bench") and the practicing lawyers who appear before them (the
"bar"). The quality of Bench Bar relations is an important factor in the
administration of justice, as it affects the fairness and efficiency of the legal
process.
Good Bench Bar relations are characterized by mutual respect, trust, and
cooperation between judges and lawyers. Some of the benefits of good Bench
Bar relations include:
 P a g e | 16

- Increased efficiency: When judges and lawyers have a good working

relationship, they can work together more efficiently, resulting in a more
streamlined legal process.
- Better communication: A good Bench Bar relationship facilitates better
communication between judges and lawyers, which can help ensure that all
parties understand each other's arguments and perspectives.
- Improved decision-making: When judges and lawyers work together
well, they can arrive at better decisions that are more likely to be accepted
by all parties.
- Enhanced reputation: A court with a reputation for good Bench Bar
relations is more likely to be respected by the legal community and the
general public.
On the other hand, poor Bench Bar relations can have a negative impact on the
legal process, resulting in delays, misunderstandings, and even hostility between
judges and lawyers. Some factors that can contribute to poor Bench Bar relations
include:
- Lack of respect: When judges and lawyers do not show respect for each
other, it can create a tense and adversarial atmosphere in the courtroom.

- Misunderstandings: Misunderstandings between judges and lawyers can

lead to confusion and delays in the legal process.
- Personal animosity: Personal animosity between judges and lawyers can
lead to bias and unfair treatment.
To improve Bench Bar relations, judges and lawyers should strive to maintain a
professional and courteous demeanor, communicate clearly and openly, and work
together in a spirit of cooperation to achieve the goals of the legal process.
An ordinary citizen has faith and confidence in the country‘s judicial system. It is
the responsibility of both the Bench and the Bar to uphold and strengthen the
rule of law through their dedication and behavior. To ensure the independence of
the bar, an independent judiciary must be in place, which can be used to defend
that independence if required. One of the most effective methods of guaranteeing
judges‘ independence is to have a responsible, well-behaved, sophisticated, and
learned Bar. In the end, the mutual adjustment of behavior by the Bench and the
Bar is the cornerstone of the polished operation of courts in the overall interest of
society.
When it comes to democratic institutions, the independent judiciary is a pillar of
stability, and the bar is the cornerstone of that stability. The Bench reflects the
appearance, character, and behavior of the judges as the bench is considered to
be a mother and a bright mirror for the judicial officers.
Those who practice law are just as much a part of the justice delivery system as
the judges themselves, and it is the closest possible harmony between the Bar
and the Bench that will produce the best results in accomplishing the targets
 P a g e | 17

embodied in our Constitution. The Bar and the Bench are two opposing sides of
the same coin, as the saying goes. The administration of justice cannot be
successful unless there is unity between the Bar and the Bench. Otherwise, the
required outcomes to maintain the grandeur of the institution will not be
achieved.
An advocate‘s scandalizing of the court is truly despoiling the very foundations of
justice, and such behavior by an advocate tends to bring dishonor to the entire
administration of justice. The behavior of an advocate towards the court is always
one of uniform reverence, regardless of the status of the court in which the case
is being heard. The advocate‘s personal view of the judge must not be shown in
his conduct because he has a responsibility to maintain the respect of the
judiciary as a professional organization. At the same time, it is the responsibility
of the judiciary not only to be courteous to members of the Bar but also to do
everything in their power to progress the high traditions of the profession.
Contempt of court can be imposed on a lawyer or a judge for their discourteous
behavior or misbehavior. There are two types of contempt of court: civil contempt
and criminal contempt. Consider the following examples: using derogatory
language against an individual judge, harassing him with transfer or removal from
office, casually addressing the judge, questioning his authority to ask questions,
or making disgraceful accusations against an individual judge. It is considered to
be contempt of court. He is responsible for his uncourteous behavior and may be
prosecuted for contempt of court.
The opinion about the Bar and Bench relationship has been laid down in the case
of P.D. Gupta v. Ram Murthi and others(1997) in which the primary focus was on
how the relationship between the Bar and the Bench affects the administration of
justice.
Facts: Shri Kishan Dass passed away, leaving behind a large amount of
immovable property. Several people made claims to the deceased‘s property,
including one Vidyawati, who claimed to be the deceased‘s sister, one Ram Murti,
and two other people who claimed to be the deceased‘s heirs, among other
things. Later, the advocate for Vidyawati bought the aforementioned properties,
knowing full well that they were in dispute. In the following months, the attorney
made a profit by selling the property to a third party. A grievance against the
lawyer was filed with the Delhi Bar Council, which resulted in the attorney being
suspended.
Held: Because the disciplinary committee of the Bar Council of Delhi was unable
to resolve the complaint within a year, the hearings were relocated to the Bar
Council of India under Section 36-B of the Advocates Act, which provides that the
complaint must be resolved within one year. The Bar Council of India‘s
disciplinary committee put him on trial for professional misconduct and expelled
him from practicing law for one year.
 P a g e | 18

Unit-IV
 Legality of Lawyers Strike in the Right Duty Discourse
The legality of lawyers' strikes is a contentious issue in the legal profession. On
the one hand, lawyers have the right to organize and engage in collective
bargaining to protect their interests. On the other hand, lawyers also have a duty
to provide legal services to their clients and to uphold the rule of law.
Under Indian law, lawyers have the right to form associations and to engage in
collective bargaining. However, the right to strike is not explicitly recognized as a
fundamental right under the Indian Constitution. Nevertheless, lawyers have gone
on strike in the past to protest against various issues, such as the appointment of
judges or changes to court rules.
The legal profession is unique in that lawyers have both rights and duties.
Lawyers have a duty to provide legal services to their clients and to uphold the
rule of law, which includes cooperating with the courts and participating in the
legal process. When lawyers go on strike, they may be seen as violating these
duties and undermining the legal system.
While lawyers have the right to engage in collective bargaining, they must
balance this right against their duty to provide legal services and uphold the rule
of law. A strike should only be used as a last resort and should not be used to
disrupt the functioning of the legal system or to harm clients.
In summary, lawyers have both rights and duties in the legal profession, and the
legality of strikes depends on how they balance these competing interests. While
lawyers have the right to organize and engage in collective bargaining, they also
have a duty to provide legal services and uphold the rule of law. Any strike action
should be taken in a responsible manner and should not harm clients or disrupt
the functioning of the legal system.
Moreover, the right to strike work in India is admittedly not absolute. This is so in
the industrial sector as well as in public service sector. The members of the Bar
Association thus have no right to boycott courts in view of the duties which they
are required to discharge. It is true that under the Constitution of India, freedom
of association is guaranteed as a fundamental right, but this right is subject to
reasonable restriction in the interest of public order or morality.
The prohibition against strikes by lawyers is inbuilt in the Advocates Act, 1961.
The duties to the court and duties to the clients prescribed by Bar Council of India
go to prove that strike or boycotting of courts is antithesis to practise in the court,
and is a professional misconduct. An advocate being an officer of the court and
thus bound to submit to its authority cannot join in an action to boycott the court
or a particular judge because of any grievance - real or alleged.
In this context it would be worthwhile to examine the judicial decisions on the
issue.
In Emperor v. Rajani Kanta Bose a Special Bench of the Calcutta High Court
consisting of three Judges opined that a pleader being an officer of the court is
bound to submit to its authority and thus cannot join any action to boycott the
 P a g e | 19

court or a particular judge because of any grievance - real or alleged, whether

touching the court or of political or other character.
The pleader accepting the vakalatnama cannot divest himself of his duties arising
from such acceptance without leave of the court. If he desires to discharge
himself from a case, he must give his client reasonable notice of his intention. It
is not difficult to realise that serious uncertainties and inconveniences might arise
in the conduct of judicial proceedings if the appointment of a pleader made in
writing and lodged in the court where the case was to be tried could be revoked
without the knowledge and sanction of the Court. If the practitioner wants to
withdraw he must always give reasonable notice of his withdrawal from the case
to his client.
- Contempt Law and Practice: The Contempt of Courts Act, 1971
The Contempt of Courts Act, 1971 is a significant piece of legislation in India that
aims to protect the authority and dignity of courts and maintain the
administration of justice. The act outlines the offense of contempt of court and
provides for the punishment of individuals who commit such an offense.
The act defines two types of contempt: civil and criminal. Civil contempt refers to
willful disobedience of any order, judgment, or decree of a court, while criminal
contempt refers to any act or publication that scandalizes or lowers the authority
of the court. The act also sets out the procedure for initiating proceedings for
contempt of court, including the circumstances under which the court may take
suo moto action and the circumstances under which a person may file a petition
for contempt.
The act also provides safeguards to ensure that the provisions of the act are not
misused to stifle legitimate criticism or dissent against the judiciary. For example,
the act specifies that fair criticism of the judicial system or its functioning is not
contempt of court unless it interferes with the administration of justice.
It is important to note that the Contempt of Courts Act, 1971 is a balance
between the need to protect the authority and dignity of courts and the need to
safeguard free speech and democratic values. The act is not intended to shield
judges or the judiciary from criticism, but rather to ensure that such criticism is
fair and does not interfere with the administration of justice.
In summary, the Contempt of Courts Act, 1971 is an important law in India that
plays a critical role in safeguarding the authority and dignity of courts and
maintaining the administration of justice, while also ensuring that the right to free
speech and criticism is protected.
Contempt of court is the offence of being defiant or disrespectful to the court
of law. Being impolite to legal authorities in the courtroom, or rebelliously failing
to follow a court order may draw Contempt of Court proceedings. A judge can
levy sanctions such as a penalty or prison for someone found guilty of contempt
of court.
This was in news regarding comments made on social media against the CJI by
Prashant Bhushan for which he faced criminal contempt of court. There are
different aspects to this debate over contempt of court. While several countries
 P a g e | 20

have termed such laws as obsolete and archaic, the large number of contempt
cases in Indian courts and the need to insulate and safeguard the judiciary are
the reasons in favour of contempt laws.
In the age of social media, the balance between freedom of speech and anything
that ‗scandalises‘ the court has to be revisited. The Supreme Court and the High
Courts derive their power from the constitution of India while the procedure is
outlined in the Contempt of Court, Act, 1971.
The Law Commission has recommended that it should be restricted only to civil
contempt.
Contempt of court often referred to simply as ―contempt‖, is the offence of being
disobedient to or disrespectful toward a court of law and its officers in the form of
behaviour that opposes or defies the authority, justice and dignity of the court. A
similar attitude towards a legislative body is termed contempt of Parliament.
There are broadly two categories of contempt:
 Being disrespectful to legal authorities in the courtroom.
 Wilfully failing to obey a court order.
When a court decides that an action constitutes contempt of court, it can issue an
order that in the context of a court trial or hearing declares a person or
organization to have disobeyed or been disrespectful of the court‘s authority,
called ―found‖ or ―held‖ in contempt. That is the judge‘s strongest power to
impose sanctions for acts that disrupt the court‘s normal process.
Contempt proceedings are especially used to enforce equitable remedies, such as
injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify,
to fulfil the obligations of a juror, or to provide certain information can constitute
contempt of the court.
Punishment for Contempt of Court in India
A finding of being in contempt of court may result from a failure to obey a lawful
order of a court, showing disrespect for the judge, disruption of the proceedings
through poor behaviour, or publication of material or non-disclosure of material,
which in doing so is deemed likely to jeopardize a fair trial. A judge may impose
sanctions such as a fine or jail for someone found guilty of contempt of court,
which makes contempt of court a process crime. Judges in common law systems
usually have more extensive power to declare someone in contempt than judges
in civil law systems.
Both the High Court and the Supreme Court of India are bestowed with the
power to punish for the contempt of the court.
According to the Indian Penal Code Section 12 of Contempt of Court Act, 1971,
contempt of court can 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.
There are two types of contempt of court:
- Criminal Contempt of Court
 P a g e | 21

- Civil Contempt of Court

Criminal contempt of court refers to any act or publication that scandalizes or
lowers the authority of the court. It is an offense that can be committed by
anyone, including individuals, organizations, and the media. Criminal contempt is
defined and punished under the Contempt of Courts Act, 1971 in India.
Examples of criminal contempt include making derogatory remarks against the
judges or the judiciary, interfering with the administration of justice, disrupting
court proceedings, and disobeying or defying a court order. Criminal contempt
can also be committed by publishing or broadcasting anything that scandalizes or
lowers the authority of the court.
The punishment for criminal contempt of court can include imprisonment for up
to six months, a fine of up to Rs. 2,000, or both. The court may also impose a
higher punishment in certain cases.
It is important to note that fair criticism of the judicial system or its functioning is
not criminal contempt unless it interferes with the administration of justice. The
right to free speech and expression is protected under the Indian Constitution,
and the courts are expected to balance the need to protect their authority and
dignity with the fundamental right to free speech.
Overall, criminal contempt of court is a serious offense that can result in severe
punishment. It is important for individuals and organizations to understand the
boundaries of free speech and criticism of the judiciary to avoid committing this
offense.
For criminal contempt of court, the charges are punitive, meaning they serve to
deter future acts of contempt by punishing the offender no matter what happens
in the underlying proceeding.
Civil contempt often involves the failure of someone to comply with a court
order. Judges use civil contempt sanctions to coerce such a person into complying
with a court order the person has violated.

Civil contempt of court refers to the willful disobedience of any order, judgment,
or decree of a court. It is an offense that can be committed by any person or
entity who has been ordered by a court to do or refrain from doing something
and fails to comply with that order. Civil contempt is defined and punished under
the Contempt of Courts Act, 1971 in India.
Examples of civil contempt include failure to pay court-ordered child support,
failure to comply with a court order to produce documents or evidence, and
failure to vacate a property as ordered by a court. Civil contempt can also be
committed by intentionally violating an injunction or restraining order issued by a
court.
The punishment for civil contempt of court can include a fine, imprisonment, or
both. The court may also order the person or entity to comply with the original
order or take any other action it deems necessary to ensure compliance.
 P a g e | 22

It is important to note that civil contempt is different from criminal contempt,

which refers to acts that scandalize or lower the authority of the court. In civil
contempt cases, the focus is on the failure to comply with a court order, rather
than on the impact of that failure on the court or the administration of justice.
Overall, civil contempt of court is a serious offense that can result in significant
consequences. It is important for individuals and entities to understand the
importance of complying with court orders and to take appropriate action to
ensure that they are in compliance.
Criticisms against Contempt of Court
The Contempt of Court clause has been under severe criticism by former judges
and lawyers as it has a negative effect on freedom of speech, being too broad
and vague in its definition and lending scope for its misuse to shield the judiciary
from criticisms.
In 2011, retired Supreme Court judge and former Press Council of India
Chairman, Markandeya Katju, called for amendments to the Contempt of Courts
Act 1971 in order to allow the media to report better on law and judiciary-related
matters.
In March 2018, the Law Commission of India was tasked by the Government of
India with re-examining Section 2 of the Contempt of Courts Act 1971, which
defines the offence of contempt. The Commission was asked to examine a
proposal that suggested that contempt of court should be limited to cases of civil
contempt, i.e. disobedience of court orders, and should not include the offence of
‗scandalising the court‘, i.e. criminal contempt.
 P a g e | 23

 The Facts and Principle of Law laid down in:

- R.K. Garg V State of Himachal Pradesh, AIR 1981 SC 1382
- M.B. Sanghi V High Court of Punjab & Haryana, AIR 1991 SC 1834
- Ex-Capt. Harish Uppal V. Union of India, 2002 (9) SCALE 357
- Bar Council of Maharashtra V. M.V. Dabholkar, (1976) 2 SCC 291
 R.K. Garg Versus State of Himachal Pradesh, AIR 1981 SC 1382
FACTS OF THE CASE:
The appellant practices as an advocate at Solan which is a district in the state of
Himachal Pradesh. When the case was called for hearing, the learned judge
noticed that the petitioner has not paid the processing fee as a result of which.
The summons could not be issued to the respondent. The judge, therefore,
proceeded to dismiss the petition under Order 9 rule 2 of the civil procedure
code. Taking umbrage at the dismissal of the petition, the appellant hurled his
shoe at the judge which hit him on the shoulder.
The judge asked his orderly to take the appellant into custody but the appellant
slipped away. Also, the appellant has also successfully evaded the warrant and
managed to prevent proceeding. Also upon hearing the appellant pointed a very
pure of what had happened in the courtroom that day. The appellant had given
an impure picture of the very genesis of the incident. Later he tendered an
unconditional apology. In view, there the sentence was reduced to one month
and a fine of Rs.1000.
ISSUE OF THE CASE:
Was the punishment given to him justified?
ANALYSIS OF THE CASE:
In our opinion, the appellant is guilty of conduct which is highly unbecoming of a
practising lawyer. He hurled his shoes at the judge in order to evidently overcame
him and bulled him into accepting his submission that the case should not be
dismissed. The appellant did his best or worst to see that the petition was not
dismissed for non-payment of the processing fee and found that the judge was
not willing to accept his argument. He then took his shoe out and threw it at him.
JUDGEMENT OF THE CASE:
Such incidents early multiply considering the devaluation of respect for all
authority whether in law education or politics. However, the court does not
propose to impose a long sentence of imprisonment on the appellant since he has
tendered an unconditional apology to the court and to the teamed trial judge.
Accordingly, the court has reduced the sentence of six months to a period of one
month and enhanced the fine from Rs. 200 to Rs.1000.

 M.B. Sanghi Versus High Court of Punjab & Haryana, AIR 1991 SC
1834
 P a g e | 24

M.B. Sanghi versus High Court of Punjab & Haryana, AIR 1991 SC 1834 is a
landmark case in Indian constitutional law.
In this case the plaintiff was representing the plaintiff in civil suit titled Hari Ram
v. Municipal Committee. During a proceeding, the plaintiff prayed for ex – parte
ad interim order but the court declined his request. During the case was in
motion and some of the filing of documents was to be done an ex parte ad
interim order was asked by respondent and it was provided to them. Then the
plaintiff asked the judge whether he is a sitting judge or chairperson of the
Municipal Committee.
Then the learned judge filed the case of contempt of court against the plaintiff in
High Court. The judgement came in favour of the judge as the Punjab and
Haryana High Court found the plaintiff guilty of contempt of court under Section
2(c)(i) of the Contempt of Courts Act, 1971. Then the plaintiff challenged the
order in Supreme Court but the Supreme Court dismissed the petition after
reading the order given by the Punjab and Haryana High Court.
The appellant who is practicing as an advocate had attacked the integrity of the
Sub -Judge by saying that he was a contractor of the Municipal Committee, that
he was in collusion with the Dy. Commissioner and he was under his influence
while representing the plaintiff in civil suit and an interim stay was not given. The
subordinate Judge reported the matter to the District and Session Judge and the
latter submitted a report to the high Court.
The High court inquired and in its proceedings, it viewed that the appellant had
brought himself clearly within the Ambit of Contempt of Court and he was
accordingly found guilty under section 2(c) (i) of the Act. The Appellant tendered
an unqualified apology to the Court and begged for all forgiveness. As this is not
the first occasion in which proceedings for contempt of Court had been initiated
against the Appellant and in that case also he tendered unqualified apology
before the High Court. The High Court did not accept the apology tendered by
the Appellant and sentenced him for two months imprisonment.
The Supreme Court on appeal held that punishing an advocate for Contempt of
Court, no doubt, must be regarded as an extreme measure, but to preserve the
dignity of Judiciary, it becomes the duty of the Court to punish the contemner. It
was held that the sentence of two months imprisonment is in no way calls for
interference. The Court, hence, confirmed the punishment and dismissed his
criminal appeal.
In this case, the Supreme Court of India considered the scope of the power of the
High Court to issue writs under Article 226 of the Indian Constitution. The case
arose from a dispute between M.B. Sanghi, a businessman, and the High Court of
Punjab & Haryana, which had issued a show-cause notice to Sanghi under the
Contempt of Courts Act, 1971 for allegedly making derogatory remarks about the
judiciary.
Sanghi challenged the notice, arguing that the High Court did not have the power
to issue it under Article 226. He argued that Article 226 only allowed the High
 P a g e | 25

Court to issue writs for the enforcement of fundamental rights or for any other
purpose specified in the Constitution or in any law made by Parliament.
The Supreme Court rejected Sanghi's argument, holding that Article 226
conferred a wide power on the High Court to issue writs for any purpose
whatsoever, as long as the purpose was not frivolous or vexatious. The Court
held that the power was not limited to the enforcement of fundamental rights,
but extended to the enforcement of any legal right or obligation, and even to the
redress of private wrongs.
The Court also observed that the power under Article 226 was a discretionary
power, which the High Court had to exercise judiciously and not arbitrarily. The
Court held that the High Court could not issue a writ in cases where an
alternative remedy was available, or where the petitioner had been guilty of delay
or laches in approaching the Court.
Overall, the case reaffirmed the wide and discretionary power of the High Court
to issue writs under Article 226 of the Indian Constitution, while also placing some
limits on the exercise of that power.
 Ex-Capt. Harish Uppal Vs. Union of India, 2002 (9) SCALE 357
It was held that lawyers reserve no right to strike or give a call for boycott, not
even on a symbolic strike. They can protest, if required, must be only by giving
press articulations, TV interviews, completing of Court premises standards and
additionally notices, wearing black or white or any shading armbands, peaceful
protest outside and away from Court premises, going on dharnas and so forth.
The petitioner, in the present case, was an ex-army officer. In 1972, the
petitioner was posted in Bangladesh, where some accusation which was related
to embezzlement was put on him and he was brought to the military court in
India. Charges against him were outlined and he was court-martialed from his
post and titles alongside imprisonment for 2 years. He filed a pre-affirmation
application in a civil Court to audit the matter and he got a reply from the court
after an extensive stretch of 11 years when the limitation period of the survey has
been expired. It was subsequently discovered that documents along with the
application got misplaced during a vicious strike by advocates. A special petition
was filed by the petitioner to announce strikes by advocates illicit.
ISSUES
The issue analyzed by the court - Whether lawyers have a right to strike?
IMPORTANT PROVISIONS
The Constitution of India:
1. Article 226: Powers given to the court to issue writs.
2. Article 145: defines the rules of court.
The Advocates Act:
1. Section 7: Functions of the Bar Council of India.
2. Section 30: defines the right of advocates to practice.
 P a g e | 26

3. Section 34: Powers given to the High Court to make rules.

4. Section 38: Appeal to the Supreme Court.
ANALYSIS OF THE JUDGEMENT
- The Petitioner presented that strike as a method for collective bargaining
was perceived only in industrial disputes and lawyers who were officials of
the Court could not utilize strikes as a way to extort the Courts or the
clients.
- They further contended that the call for strike by lawyers was in actuality a
call to break the agreements which lawyers have with their clients. Then
again, the legal fraternity presented that lawyers retained the right to strike
in uncommon cases to get their interests imparted in the case of improper
treatment being given to them.
- The Supreme Court stated that lawyers reserve no right to go on strike or
give a call for the boycott of court, not even on a symbolic strike.
- The protest, if any is required, must be made by giving press explanations,
TV interviews completing of the Court premises standards and additionally
notices, wearing dark or white or any shading arm groups, tranquil dissent
walks outside and away from Court premises, going on dharnas or relay
facts and so on.
- The Court on acknowledging the fact that even those lawyers willing to go
to the Court couldn't go to inferable from the strike or the boycott asked
the lawyers to intensely decline to submit to any call for strike or boycott
court.
- The Court also stated that no lawyer might be visited with any adverse
consequence by the Association or the Council and no threat or coercion of
any nature including that of expulsion are often held call at an occasion of
his refusal to attend to the strike or boycott.
- The Court also saw that an Advocate is an official of the Court and
appreciates uncommon status in the public arena. They have commitments
and obligations to guarantee smooth working of the Court and they
additionally owe an obligation to their customer.
- Strikes are meddled with the organization of equity, disturb Court
procedures, and put the interest of their customers at risk. Thus the Court
has imposed a ban on strikes by lawyers.
CONCLUSION
The Supreme Court of India concluded that the strike by an advocate is
considered unlawful and illicit. A strike might be allowed in the most extraordinary
of the uncommon situations where respectability, regard, and working of the
courts are at the stake. A silent disappointment can be showed or a meeting to
the press and media can be given, till the time it does not affect the working of
the courts.
 Bar Council of Maharashtra Versus M.V. Dabholkar, (1976) 2 SCC
291
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An Advocate received Rs.14,600/- from his client in the course of a case being
fought by the client. However the lawyer did not give back the money. The Client
approached the State Bar Council, which removed the lawyer from the roll of the
Bar Council of the State. The lawyer approached the Bar Council of India, which
set aside the order. The BCI said that the lawyer had failed to return the money
as he has utilized the same in his health treatment. This was negligence and not
grave professional misconduct.
The State Bar council appealed to the Supreme Court. The Supreme Court said
that the Disciplinary Committee of Bar Council of India has treated a grave
professional misconduct on the part of the delinquent lightly. The conduct of the
delinquent advocate is unbecoming of an advocate.
In this case, it is observed that advocates positioning themselves at the entrance
to the Magistrate‘s courts and rushing towards potential plaintiffs, often leading to
an unpleasant struggle to snatch briefs and undercutting of fees. The disciplinary
committee expressed that "there is a prima facie case of professional
misconduct". Also observed that ―professional ethics cannot be contained in a Bar
Council rule nor in traditional cant in the books but in new canons of conscience
which will command the member of the calling of justice to obey rules or morality
and utility.‖ Thus Misconduct of lawyers should be understood in a context-
specific as well as dynamic sense, which seizures the role of the lawyers in the
society.
Bar Council of Maharashtra Versus M.V. Dabholkar, (1976) 2 SCC 291 is a
landmark case in Indian legal ethics and professional conduct.
In this case, the Bar Council of Maharashtra had received a complaint against
M.V. Dabholkar, an advocate, alleging that he had charged excessive fees from
his clients, and had also entered into an agreement with a client which was
contrary to the professional conduct rules of the Bar Council. The Bar Council
initiated disciplinary proceedings against Dabholkar, and a disciplinary committee
found him guilty of professional misconduct.
Dabholkar challenged the decision of the disciplinary committee before the
Bombay High Court, arguing that the rules of professional conduct were vague
and arbitrary, and that he had not violated any specific rule. The High Court
upheld the decision of the disciplinary committee, and Dabholkar appealed to the
Supreme Court of India.
The Supreme Court affirmed the decision of the High Court and held that the
rules of professional conduct were not vague or arbitrary, but were essential to
maintaining the dignity and integrity of the legal profession. The Court held that
an advocate had a duty to his client, the court and the public, and that any
conduct which compromised that duty was professional misconduct.
The Court also held that charging excessive fees from clients and entering into
agreements which compromised the independence of the advocate were
examples of professional misconduct. The Court emphasized that the rules of
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professional conduct were not only binding on advocates, but also served as
guidelines for the judiciary in maintaining high ethical standards.
Overall, the case established the importance of professional conduct and ethics in
the legal profession, and emphasized the duty of advocates to maintain the
integrity of the profession. It also provided guidance on specific examples of
professional misconduct, such as charging excessive fees and compromising the
independence of the advocate.
 Satish Kumar Sharma V. Bar Council of H.P., AIR 2001 SC 509
Satish Kumar Sharma versus Bar Council of H.P is a landmark case in Indian legal
history, in which the Supreme Court of India ruled on the interpretation of the
Advocates Act, 1961.
The case revolved around the question of whether an Advocate General, who is
appointed by the government, can also act as a defense lawyer in criminal cases.
The Bar Council of Himachal Pradesh had passed a resolution prohibiting
Advocate Generals from practicing as defense lawyers, arguing that it amounted
to a conflict of interest and compromised the Advocate General's independence
and impartiality.
The petitioner, Satish Kumar Sharma, challenged this resolution on the grounds
that it violated his right to practice his profession freely and that the resolution
was beyond the scope of the Bar Council's powers.
The Supreme Court, in its judgment, held that the Bar Council of India had the
power to regulate the professional conduct of advocates, including Advocate
Generals. The Court also noted that the Advocate General's role was that of a
constitutional functionary, and that there was no conflict of interest in him acting
as a defense lawyer.
The Court further held that the Bar Council's power to regulate the professional
conduct of advocates must be exercised judiciously and in accordance with the
principles of natural justice. The Court also emphasized that the Bar Council's
powers should not be used to impose arbitrary restrictions on the right of
advocates to practice their profession freely.
The judgment in Satish Kumar Sharma versus Bar Council of H.P is significant
because it clarified the scope of the Bar Council's powers to regulate the
professional conduct of advocates, and reaffirmed the right of advocates to
practice their profession freely. The case also underscores the importance of
maintaining the independence and impartiality of Advocate Generals, who play a
critical role in upholding the rule of law in India.