KES’ Shri Jayantilal H.

Patel Law College

Project on Practical Training-1
An internal project submitted for the requirements for
The First Semester of the L.L.B. 3year course

ACADEMIC YEAR 2024-2025

BY
RIDDHI SANJAY GANDHI
CLASS: -F.Y.L.L. B
ROLL NUMBER: -38
DIVISION: -A

Under the guidance of

Asst.Professor Ms. Ambari Patwardhan
Date of submission 24th December 2024

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 Index

Sr.no Topic Name Page no.

1 Kinds of contempt, 4-13

punishment, and
remedies under the
contempt of court act

2 History and meaning of 14-25

professional ethics and
write seven lamps of
advocacy

3 Duties of Advocate 26-37

towards court, client,
profession, colleagues,
and opponents

4 Explain constitution, 38-51

power and functions of
state Bar council and
Bar council of India

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5 Discuss Bar and Bench 52-62
Relationship

6 References 63

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Topic No.1- Kinds of contempt, punishment, and remedies
under the contempt of court act

What is Contempt of court?

It is a creature of Common Law and is an offence sui generis. Contempt is such conduct of a
person which is likely to prejudice the fair trial or cause interference in the exercise of
judicial power. It helps to maintain law and order and aims at protecting the authority of the
Judiciary. It has been defined for the first time by The Contempt of Courts Act, 1971.
Essentially the definition under the Act is more of a classification of the term “Contempt of
Court” as it has been defined as “means Civil Contempt or Criminal Contempt.”

Contempt of Court refers to actions that disrespect or disobey a court's authority,

undermining its dignity and functionality. It can manifest as either direct contempt, occurring
in the presence of the court, or indirect contempt, involving disobedience to court orders
outside the courtroom.

In India, the Contempt of Courts Act of 1971 defines and regulates contempt, categorising it
into civil and criminal contempt. This legislation aims to uphold the rule of law and ensure
the judiciary's independence, allowing courts to impose penalties for acts that obstruct justice
or disregard court orders

In the Indian Judiciary, Contempt refers to the offence of showing disrespect to the dignity or
authority of a court. Contempt of court is any behaviour or wrongdoing that conflicts with or
challenges the authority, integrity, and superiority of the court. It may include failure to
comply with requests, witness tampering, withdrawing evidence, or defying court orders. The
Contempt of Courts Act 1971 was established following the recommendations of the H.N.
Sanyal Committee.

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Historical Context of Contempt of Courts Act
To comprehend the significance of the Contempt of Courts Act, it’s imperative to
acknowledge its historical context. The concept of contempt of court has ancient roots,
appearing in various legal systems across different civilizations. In India, the Contempt of
Courts Act, 1971, was enacted to consolidate and define the law relating to contempt of
courts. This act replaced the Contempt of Courts Act, 1952, and significantly broadened the
scope of contempt while also safeguarding freedom of speech and expression.

The Objective of the Contempt of Court Act of 1971

The main objectives of the 1971 Contempt of Court Act were to protect the public from
interfering in legal procedures and to uphold the legitimacy of the judicial system.
Additionally, it aims to ensure that justice is administered fairly and effectively across the
country. To protect judges from unwarranted criticism or attacks and to make sure that the
general public does not face barriers to accessing justice, this act sets several criteria as
grounds for contempt of court. It forbids any conduct seen as an attempt to undermine or
intimidate a witness's testimony to prevent the case from being heard by a jury or court. The
act of posting anything that might have a detrimental impact on an ongoing legal case and
perhaps have a negative impact on the outcome is also illegal. When cases are brought before
the courts, these requirements are essential for making sure that fair justice is served. The
Contempt of Court Act was officially enacted in 1971 as a part of India's legal system for
precisely this reason.

Importance of Contempt of Court

The 1971 Contempt of Court Act was an important shift in Indian law. It built a thorough
system meant to safeguard the honour and legitimacy of Indian courts. This statute lays out
precise guidelines for abiding by and exhibiting respect for judicial rulings and proceedings
across the nation. Citizens are expected to follow court orders under particular circumstances.
When there is a hindrance or disruption brought about by non-compliance in cases that are
being reviewed by the courts, these laws establish disciplinary repercussions. It acts as a
barrier for those looking for ways to hinder court proceedings and rulings. The main idea

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behind this initiative was the observation of abuses against the judiciary by dignitaries,
citizens, lawyers, and judges. Criminal contempt, which includes speaking negatively about
the court's operations outside of the courtroom and may result in punishments akin to those
for unethical behaviour, is one of two ways that contempt of court can manifest. Contrarily,
civil contempt deals with defying a court's orders, such as failing to pay alimony or other
financial obligations required by various laws, such as the maintenance law, or failing to
comply with other financial compensations.

Kinds of contempt of court

India's contempt of court is of two types:

1. Civil Contempt

Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined
as wilful disobedience to any judgment, decree, direction, order, writ, or other processes of a
court or wilful breach of an undertaking given to a court.

Certain elements are required to establish different types of contempt of court. For Civil
contempt, the following essentials are

 the making of a valid court order

 knowledge of the order by respondent

 ability of the respondent to render compliance

 wilful disobedience of the order

2. Criminal Contempt

Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been
defined as the publication (whether by words, spoken or written, or by signs, or by visible
representation, or otherwise) of any matter or the doing of any other act whatsoever which:

 Scandalises or tends to scandalize, or lowers or tends to lower the authority of, any
court, or

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  Prejudices, or interferes or tends to interfere with the due course of any judicial
proceeding, or

 Interferes or tends to interfere with, or obstructs or tends to obstruct, the

administration of justice in any other manner.

Third-Party Contempt

A third party to the proceeding may also be guilty of contempt of court if they have a part to
play in the offense.

Contempt of Court Relevance in Contemporary Times

Contempt of court remains relevant as it ensures respect for judicial institutions and
processes. It acts as a deterrent against actions that could undermine public confidence in
the judiciary. The Law Commission of India has highlighted the following reasons for the
relevance of the Contempt of Courts Act 1971.

 Media Trials: Criticizing ongoing cases or judges can result in criminal contempt
charges. Sensational media coverage of high-profile cases may affect trials,
highlighting the need to balance free speech with judicial respect.

 High Number of Contempt Cases: There are a high number of civil (96,993) and
criminal (583) contempt cases pending in various High Courts and the Supreme
Court. The Law Commission observed that the high number of cases justifies the
continuing relevance of the Act.

 Constitutional Power: The superior courts (Supreme Court and High Courts) derive
their contempt powers from the Constitution. The Act only outlines the procedure for
investigating and punishing contempt.

 Impact on subordinate courts: The Constitution allows superior courts to punish for
their contempt. The Act additionally allows the High Court to punish for contempt of
subordinate courts. This act empowered subordinate courts to address cases of their
contempt.

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Contempt of Court Criticisms
Contempt of court criticism encompasses legal and social concerns, including potential
violations of free speech, due process issues, judicial abuse of power, lack of clarity in
legislation, and the impact on media freedom.

 Violation of Fundamental Rights: Some argue that the power to punish for contempt
of court can be used to stifle free speech and suppress dissent. Critics argue that the
law is too vague and can be used to punish criticism of the judiciary, even if it is fair
and well-founded.

 Fair and Due Process: The power to punish for contempt of court is subject to certain
conditions, including the requirement for due process and the right to a fair trial.
However, there are concerns that these conditions may not always be met in practice,
leading to arbitrary and unjust punishments.

 Abuse of Power: There are concerns that the judiciary may misuse the power to
punish for contempt of court to silence dissent and criticism.

 Lack of Clarity: The Contempt of Courts Act 1971 is often criticised for being too
broad and lacking clarity.

 Impact on Media Freedom: The use of contempt of court to punish media

organisations and journalists for reporting on court proceedings has been criticised as
a violation of press freedom.

Contempt of Court Way Forward

To address concerns about contempt laws, there is a need for clearer definitions and
guidelines on what constitutes contempt. Balancing judicial authority with freedom of
expression is crucial. Judicial reforms could focus on transparency and accountability while
ensuring respect for the judiciary's role in upholding justice.

 Balancing Expression with Judiciary Respect: While it is essential to respect the

authority of the court, it is equally important to protect the right to free speech.
Individuals should not be punished for expressing their opinions or criticising the
court system legitimately.

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  Clear Rules: Clear and well-defined rules regarding contempt of court should be
established to prevent arbitrary and inconsistent application of the law.

 Spreading Awareness: Education and awareness campaigns can be conducted to

inform the public about the court system's importance and the consequences of
contempt for the court.

 Fair and Impartial Proceedings: Contempt of court proceedings should be conducted

fairly and impartially, giving the accused the opportunity to present their cases and
ensuring that the punishment is proportionate to the offence.

 Prevent Abuse of Power: The power to punish for contempt of court should be
exercised with caution to prevent abuse of power.

Punishment for Contempt of Court

High Court and Supreme Court are bestowed with the power to punish for contempt of the
court. Under Section 12 of the Contempt of Court Act, 1971, contempt of court can be
punished with simple imprisonment for a term which may extend to six months, with a fine
which may extend to two thousand rupees, or both.

Civil contemptIn civil case:-, if the court considers that a fine will not meet the ends of
justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to
simple imprisonment, direct that he be detained in civil prison for such period not exceeding
six months as it may think fit. An accused may also be discharged or the punishment awarded
may be remitted on an apology being made by the accused to the satisfaction of the court. An
apology is not supposed to be rejected merely on the ground that it is qualified or conditional
if the accused makes it bona fide.

Company’s contempt: - if a company is found guilty of contempt, individuals responsible for

it can also be held guilty. Their punishment, involving imprisonment, requires the courts
approval

Individual responsibility: - if a contempt by a company is due to the consent, connivance, or

neglect of any director, manger, secretary, or officer they can also be held guilty their
imprisonment also requires the courts approval

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Remedies for contempt of court
1.Apology

2.Appeal

3.Review

In detailed explanation of each remedy

1.Apology: - an apology is a remedial action taken by the person accused of contempt of

court.

1.How it works: the accused individual expresses regret or admit wrongdoing for their actions
that may have disrespected the courts. The court may accept the apology if it deemed sincere
and genuine if the court accepts the apology, it may reduce or even revoke the punishment
initially imposed

2.key points: - apologies should be made promptly and with a sense of genuine remorse.
Courts consider sincerity and timing when deciding whether to accept an apology. Apology is
a way for the accused to make amends and potentially avoid or lessen the consequences of
contempt.

2. Appeal: - what it is: An appeal is a legal remedy that allows the person found guilty of
contempt to challenge the decision in a higher court.

1. How it works: If the High court issues a punishment for contempt, the person found guilty
has the right to appeal the decision. Appeals can be made to the supreme court if the high
courts issued the punishment. Specific time limits for filing appeals are set by law. The higher
court reviews the case and may affirms, modify, or reverse the original decision.

2.key points: - The right to appeal was introduced by the contempt of courts act,1971,
providing a legal avenue to challenge contempt punishments. Appeal allows for a re-
evaluation of the case at a higher judicial level.

3.Review: - what it is: Review is a legal process where the person found guilty of contempt
can request the same court that issues the decision to reconsider it.

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1.How it works: - The request for a Review is typically based on specific legal grounds, such
as an error of fact or law. The courts review its own decision and may modify or reverse it if
the grounds for reviews are valid

2.Key points: Review is different from an appeal, as it involves asking the same court to
reconsider its decision based on legal grounds. It is a mechanism to correct errors or
injustices in the original decision.

Key Provisions of the Contempt of Courts Act, 1971

The Contempt of Courts Act, 1971, holds several important provisions aimed at preserving
the integrity of the judiciary while ensuring the protection of individuals’ rights. Let’s delve
into some of the key provisions:

Section 2 – Definitions

This section provides essential definitions, including what constitutes contempt of court. It
sets the foundation for understanding the nuances of contemptuous actions.

Section 3 – Contempt of Court

Section 3 outlines the types of actions that can be considered contempt of court, both civil
and criminal. Understanding these actions is crucial to avoid unintentional contempt.

Section 4 – Offenses of Contempt

This section elaborates on what constitutes contempt of court and the penalties associated
with it. It defines the consequences of contemptuous acts.

Section 5 – Innocent Publication and Distribution of Matter Not Contempt

This section exempts certain publications and distributions from being held in contempt if
done in good faith and without malice. It ensures a balance between free speech and contempt
laws.

Section 10 – Procedure for Trial of Contempt

This section lays down the procedure for initiating contempt proceedings. It is essential for a
fair and just process in dealing with contemptuous behaviour.

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Contempt of Courts Act Rules
In addition to the Act itself, rules have been framed to regulate contempt proceedings. These
rules are crucial in ensuring a fair and just process. Some essential rules associated with the
Contempt of Courts Act include:

Rule 3 – Petition for Criminal Contempt

This rule governs the format and content of the petition for criminal contempt. It standardizes
the process for initiating criminal contempt cases.

Rule 6 – Hearing of Criminal Contempt

Rule 6 outlines the process for hearing criminal contempt cases and the involvement of the
Attorney General or Solicitor General. It ensures a structured and systematic approach to
handling criminal contempt charges.

Rule 7 – Appearance of Law Officers

This rule provides guidelines for the appearance of law officers during contempt proceedings.
It streamlines the involvement of legal authorities in contempt cases.

Recent Amendments and Landmark Cases

Amendments to the Contempt of Courts Act:

1. The Contempt of Courts (Amendment) Act, 2006: This amendment introduced

significant changes to the Contempt of Courts Act, 1971. Some of the key provisions
include:

 Distinguishing between civil and criminal contempt.

 Providing defences against contempt charges, such as showing that the

contempt was not wilful or that it was a fair criticism of a judicial act.

 Allowing the courts to impose fines and imprisonment as punishment for

contempt.

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  Recognizing the principle that contempt proceedings should not ordinarily be
initiated against individuals for criticizing the judiciary.

2. The Contempt of Courts (Amendment) Act, 2012: This amendment clarified that truth
can be a valid defines in contempt of court cases, provided it is in the public interest
and is invoked as a defines in good faith.

Landmark Cases:
1. Barada Kanta Mishra v. The Registrar of Orissa High Court (1974): This case laid
down important principles regarding contempt of court, emphasizing that contempt
powers should be used sparingly and only when necessary to maintain the dignity and
authority of the judiciary.

2. Arundhati Roy’s Case (2002): Writer and activist Arundhati Roy was charged with
contempt of court for an article she wrote criticizing the judiciary. This case
highlighted the tension between the right to freedom of speech and the need to protect
the judiciary’s reputation. Ultimately, Roy was not imprisoned but was asked to give
an undertaking to refrain from criticizing the court in the future.

3. Prashant Bhushan Contempt Case (2020): Lawyer and activist Prashant Bhushan was
held in contempt of court for his tweets criticizing the judiciary. This case sparked a
significant debate on freedom of speech and the judiciary’s power to punish for
contempt. Bhushan was fined but not imprisoned.

Conclusion
The Contempt of Courts Act, 1971, plays a significant role in maintaining the respect and
dignity of the judiciary. It strikes a balance between protecting the court’s integrity and
preserving the fundamental right to freedom of speech and expression. Understanding its
provisions and associated rules is essential for all stakeholders in the legal system to ensure a
fair and just administration of justice. Stay informed and comply with the Act to uphold the
sanctity of our judicial system.

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Topic No. 2- History and meaning of professional ethics and
write seven lamps of advocacy

Introduction to Legal Profession/History of legal Professional

The legal profession is an important limb for administration of justice. Without well-
organized profession of law, court will not be in the position to administer justice effectively,
as the evidence for or against the parties to a lawsuit cannot be adequately gathered, the facts
cannot be adequately expressed, and the best legal arguments in support of or against the case
of the parties cannot be presented in court. In short justice will not be served.

The legal profession is one of society’s oldest and most esteemed professions. Those engaged
in the legal profession are commonly known as advocates or lawyers. As officers of justice
and friends of the court, advocates play a crucial role in the administration of justice. They
are responsible for representing individuals seeking legal assistance and providing zealous
advocacy on their behalf. The duties of an advocate are multifaceted and encompass various
aspects of legal practice. When representing a client, an advocate must diligently collect and
analyse legal material relevant to the case. This involves conducting thorough research,
studying statutes, precedents and legal doctrines and examining the facts and evidence related
to the matter. Armed with a comprehensive understanding of the case, the advocate proceeds
to argue and present the client’s position before the courts, aiding the judges in arriving at just
and fair judgments.

Development of legal profession can be divided into four phases

i.e. legal profession in ancient India,

legal profession in medieval India,

legal profession in British India

legal profession of India after independences

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1.Legal profession in India in ancient
1. The legal profession in ancient and medieval India had a rich and complex history,
with legal systems evolving over time.
2. Here is an overview of the legal profession in India during these periods:

1) Ancient Period (approximately 1500 BCE - 600 CE):

(1) Dharma shastras and Legal Scholars: During ancient India, legal principles were
primarily derived from the Dharma shastras, which were ancient Hindu legal texts. Prominent
among them were Manu Smriti, Yagnakaya Smriti, and Narada Smriti. The legal profession
was closely tied to the religious and social hierarchy. Brahmins played a significant role in
interpreting and applying these texts, effectively functioning as legal scholars and advisors.

(2) Local Panchayats: In addition to the Brahmin scholars, local self-governing bodies
known as panchayats played a crucial role in settling disputes at the community level. These
panchayats consisted of respected members of the community and helped in resolving
disputes according to customary laws.

(3) Royal Courts: In ancient India, rulers and kings also had their own courts where
disputes were resolved, and justice was administered. These royal courts often had officials
trained in legal matters.

2.Legal Profession in India in Medieval Period (approximately 600

CE - 1750 CE):00

(1) Islamic Influence: With the advent of Islamic rule in India, starting with the Delhi
Sultanate, Islamic legal traditions, such as Sharia law, began to influence legal practices.
Qazi’s, who were Islamic judges and jurists, played a prominent role in administering Islamic
law.

(2) Local Customary Law: Despite the influence of Islamic law, local customary laws
and practices continued to be prevalent, especially in rural areas. Local headmen and elders
often acted as intermediaries in resolving disputes based on these customary laws.

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(3) Mughal Period: During the Mughal Empire, a more centralized system of justice was
established. The Mughal rulers established their courts, with the Qazis responsible for Islamic
legal matters, while other officials dealt with civil and criminal cases.

(4) European Influence: With the arrival of European powers like the British in India, the
legal landscape underwent significant changes. The British introduced English common law
and established a modern judicial system, which gradually supplanted traditional legal
practices. It's important to note that the legal profession in ancient and medieval India was
diverse and varied across regions and communities. The transition from traditional legal
systems to the modern legal system under British colonial rule marked a significant
transformation in India's legal history.

3.Changes underwent in Legal profession during British rule

(1) English Common Law and Legal System: The introduction of English
common law represented a departure from the diverse and often informal legal systems
that existed in India prior to British rule. English common law principles, such as the
adversarial system and the use of precedents, became fundamental to the Indian legal
system.

(2) Language and Legal Culture: The adoption of English as the language of the
courts had a profound influence on the legal profession. It created a linguistic barrier that
limited access to justice for many Indians but also produced a cadre of Indian lawyers
fluent in English. English legal terminology and practices became deeply ingrained in the
legal culture of India.

(3) Legal System and Courts:

• Charter of 1726: The British Crown issued the Charter of 1726, leading to the
establishment of Mayor's Courts in Bombay, Calcutta, and Madras. These were royal
courts following English law. However, legal training and education were lacking, and
individuals with little legal knowledge practiced law

• Charter of 1774: The Regulating Act of 1773 empowered the British Crown to
establish the Supreme Court at Calcutta through the Charter of 1774. This court had the

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authority to approve and enroll advocates and attorneys-in-law, who could act as
attorneys of record and represent clients. Indian legal practitioners were not allowed in
the Supreme Court initially,

• Indian High Court Act of 1861: Empowered the government to establish High
Courts in Presidency towns, leading to the organization of civil and criminal courts.

(4) Legal Codes and Acts:

The British introduced several important legal codes and acts in India, including:

• Indian Penal Code (IPC): Enacted in 1860, the IPC laid down criminal laws and
punishments, which are still largely in use in India today. • Indian Contract Act: This act,
enacted in 1872, standardized contract law in India, providing rules and regulations
governing agreements and contracts.

• Transfer of Property Act: Introduced in 1882, this act governed property transfers
and rights in land, including mortgages, leases, and sales.

• Evidence Act: Enacted in 1872, this act codified the rules of evidence in Indian
courts, regulating how evidence could be presented and evaluated in legal proceedings.

(5) Legal Education and Training: The British established law colleges and
universities, such as the National Law School in Calcutta and later, the establishment of
the prestigious National Law School of India University in Bangalore. These institutions
provided formal legal education in English law.

(6) Indian Legal Practitioners Act (ILPA):

• Legal Practitioners Act of 1846: This act permitted individuals of any nationality
or religion to practice as pleaders. It also allowed attorneys and barristers enrolled in any
of Her Majesty's courts in India to plead in the company's Sardar Adalat.

• Legal Practitioners Act of 1853: Authorized barristers and attorneys of the

Supreme Court to plead in any of the company's courts subordinate to the Sadar court,
subject to rules in those subordinate courts.

• Legal Practitioners Act of 1879: Defined "legal practitioner" as advocates, vakils,

or attorneys of a High Court and pleaders, mukhtars, or revenue agents. This act brought

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all these categories under the jurisdiction of the High Court, with vakils having law
degrees from Indian universities. It also allowed pleaders and mukhtars to practice after
enrolment.

(7) Bar Associations: Legal professionals formed bar associations in various cities,
representing the interests of lawyers and promoting professional standards. These
associations continue to be influential in Indian legal circles.

• Indian Bar Committee 1923: A committee was formed to consider organizing the
legal profession on an all-India basis. It recommended the establishment of bar councils
for each High Court, rather than an All-India Bar Council.

• Indian Bar Council Act of 1926: This act was enacted to provide for a bar council
for each High Court. It abolished the distinction between barristers and advocates,
allowing non-barrister advocates to practice. `

(8) Emergence of Legal Luminaries: Prominent Indian legal luminaries, such as Sir
Syed Ahmed Khan, Sir Denshaw Mulla, and Sir C. V. Raman Pillai, emerged during this
period and made substantial contributions to the Indian legal landscape.

(9) Post-Independence Evolution: After India gained independence in 1947, the

legal profession continued to evolve. The Indian legal system retained many elements of
British law but also incorporated Indian legal principles and customs. Indian lawyers and
judges continued to play a vital role in shaping the legal framework of the newly
independent nation The legacy of British colonial rule on the Indian legal profession is
still evident today. India's legal system is a blend of indigenous legal traditions, English
common law, and post-independence reforms. The legal profession continues to be a vital
component of India's governance and justice system, with lawyers, judges, and legal
scholars playing significant roles in shaping the nation's legal landscape.

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4. Development of Legal Profession in India after Independence
After India gained independence, the legal profession in the country underwent
significant changes and modernization. The Advocates Act of 1961 played a central role in
reshaping the legal profession in India. Here is a simplified overview:

1) Formation of All India Bar Committee and Recommendations:

(1) In 1951, the All-India Bar Committee, led by Justice S.R. Das, was established to
review the state of the legal profession and propose reforms.

(2) The committee recommended the creation of All India Bar Councils and State Bar
Councils, with the authority to enrol, suspend, or remove advocates to maintain uniform
standards and discipline in the legal profession.

(3) It suggested maintaining a common roll of advocates authorized to practice in all

courts across the country.

(4) The committee advocated against recruiting non-graduated pleaders or mukhtars to

raise the qualifications and professionalism of legal practitioners.

2) Enactment of the Advocates Act, 1961:

1. In 1961, the Indian government enacted the Advocates Act, which aimed to amend and
consolidate laws related to legal practitioners.

2. This legislation brought substantial changes to the legal profession, emphasizing

professionalism, ethics, and discipline.

Impact and Amendments:

(1) The Advocates Act of 1961 had a profound impact on the legal profession in India,
creating an organized system of legal practitioners. It allowed advocates to practice in any
court across the country, promoting legal mobility and access to justice.

(2) Over time, the Act has been amended to adapt to changing circumstances and
challenges in the legal landscape.

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Meaning of professional ethics
The dictionary meaning of ethics is the “science of morals that branch of philosophy” which
is concerned with human character and conduct Legal ethics is thus that branch of moral
science which threads of the duties which a member of a legal profession owes to-

a) the public,

b) the court,

c)the professional brethren and his clients

The following are the golden principles of professional ethics: -

1.uphold high character, keeping on enhancing your learning and make honesty
your best principle,

2.do not resort to ‘self-advertisement’ because your advertisement will come

naturally with your professional qualities,

3.In a conflict between interest and duty, duty must prevail,

4.do not be tool in the hands of the clients,

5.avoid engagement in a trail in which you are a witness,

6.be fair to your opponent and to the court,

7.tell point blank the weak points of your client’s case,

8.do utmost for your clients by all fair means, and,

9.last but not the least, do not work for both sides.

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Seven lamps of advocacy
Advocacy is an honourable profession. Advocates are part and parcel of court. Their efforts
solve the conflicts in the society. Advocates defends the rights and liabilities. They hold a
unique place in a society. Advocacy is not a craft but a calling, a profession wherein devotion
to duty constitutes the hallmark.

Legal profession is regarded to be a noble one. A good advocate should possess some
essential qualities and equipment’s. Judge Abbot Parry in his book the “Seven Lamps of
Advocacy” called these important characteristics if advocacy as “Seven Lamps of Advocacy”
and listed them as Honesty, Courage, Industry, Wit, Eloquence, Judgement and Fellowship.

According to former Chief Justice of India S H Kapadia, to succeed as a lawyer, one must
work like a horse and live like a hermit. A great legal practitioner is said to be a Jack of all
trades, a master of none.

1. Honesty
Honesty is about being truthful in every aspect of your legal work. Being honest means
presenting facts accurately and not misleading anyone. Here’s what honesty means:

 Honest with Clients: Always provide a clear and honest assessment of their case to the
client. Explain both the strengths and weaknesses of their position in the case. If the
chance of winning is low, your client deserves to know.

 Honest with Opponents: Avoid misleading tactics. Don’t use lies. Unbiased strategies
and arguments are important.

 Honest with the Court: Ensure that all evidence and arguments presented are truthful
and accurate.

2. Courage
Courage involves standing up for what is right, even when it’s difficult. It’s about-facing
challenges head-on and not being afraid to take a stand. Courage means:

 Facing Tough Cases: Whether it’s a complex criminal case or a high-stakes civil suit,
courage helps you stand up for your client’s rights. Advocates often deal with tough

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 cases and strong opposition. Courage helps you argue effectively and defend your
client’s rights without fear.

 Standing Up for Justice: Legal work can involve high-pressure situations and complex
problems. Even when it’s challenging or risky, your duty is to advocate for what is
right.

3. Industry
Industry refers to the hard work and dedication required to succeed as an advocate. It
involves being thorough and diligent in your preparation and work. The law is vast and
continually evolving, so:

 Keep Learning: Stay updated with the latest legal developments and case laws or
rulings. Laws and legal practices are constantly evolving. An advocate must
understand the nuances of the law.

 Prepare Thoroughly: Spend time studying, researching, and preparing for the case to
ensure that you are completely prepared for court proceedings.

4. Wit
Wit involves quick thinking and the ability to handle unexpected situations effectively. It’s
crucial for handling complex legal arguments and responding effectively in court. Wit helps
you:

 Think on Your Feet: Courts can be unpredictable. Wit allows you to address sudden
questions or changes in the situation. Handle unexpected questions or situations with
ease.

 Stay Engaged: Maintain focus and adapt your strategies as needed during
proceedings.

5. Eloquence
Eloquence is the art of effective communication. It’s not just about speaking well but also
about:

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  Impactful Arguments: Use clear and impactful language to convey your points.
Eloquence helps you present your case in a way that makes a strong impression on the
judge and jury.

 Clear Communication: Impress the judge and jury with your presentation skills. It
ensures your arguments are understood and considered seriously.

6. Judgment or Rulings
Judgment or rulings involves making informed and balanced decisions. A good advocate
should:

 Analyse Cases Thoroughly: Understand both sides of the argument to foresee

potential challenges. By considering both sides of the argument, you can better
prepare for counterarguments and challenges.

 Make Strategic Decision: Use your insights to guide your client and develop effective
legal strategies. Good judgment or rulings helps in developing effective strategies and
anticipating the opponent’s moves.

7. Fellowship
Fellowship emphasizes maintaining professional respect and harmony among colleagues. It’s
about treating others with courtesy and respect, even in opposition:

 Respecting Opponents: Respecting your opponents and the court ensures a fair and
professional legal process.

 Maintaining Professional Relationships: Building positive relationships with other

advocates/lawyers and judges fosters a collaborative and respectful working
environment. Build a network of respect and support within the legal community.

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The Eighth Lamp: Tact
Justice V. Krishnaswamy Aiyer introduced an additional principle—tact—making it the
eighth lamp of advocacy. Tact involves handling sensitive situations skilfully without causing
offense. It’s about managing interactions smoothly and diplomatically. It’s essential for:

 Managing Courtroom Dynamics: Handle stressful situations with grace and

diplomacy.

 Persuading and Negotiating: Use tact to influence judges and opposing counsel
without causing offense. It ensures interactions with clients and opponents are
handled gracefully, even under pressure.

Upholding the 7 Lamps of Advocacy in Practice

Incorporating these principles into your practice is vital for success. Each lamp represents a
core quality that can help you build a strong reputation and effectively serve your clients.
Here’s a quick recap:

 Honesty: Be truthful in all aspects of your work.

 Courage: Face challenges head-on with confidence.

 Industry: Work hard and stay informed.

 Wit: Think quickly and adapt to situations.

 Eloquence: Communicate persuasively and effectively.

 Judgment: Make informed and strategic decisions.

 Fellowship: Maintain respect and collaboration within the legal community.

 Tact: Handle situations with delicacy and effectiveness.

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The seven lamps of advocacy, along with the additional lamp of tact, form the foundation of a
successful and honourable legal career. As the Supreme Court of India have highlighted,
advocacy is a profession of immense responsibility and noble purpose. By adhering to these
guiding principles, advocates not only uphold justice but also contribute to the integrity and
respect of the legal profession.

In the world of law, following these lamps ensures that you not only achieve personal success
but also serve your clients and society with the highest standards of ethical practice.
Remember, advocacy is not just a job—it’s a calling that demands dedication, respect, and a
commitment to justice.

Each lamp represents a vital quality that contributes to successful and ethical advocacy,
ensuring that justice is served with honour and respect.

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Topic No.3- Duties of Advocate towards court, client,
profession, colleagues, and opponents

Introduction
There are duties of an advocate. As officers of the court and advocates of justice, advocates
play a crucial role in the legal system of India. Advocates are expected to fulfil their duties
diligently, ethically, and in accordance with the law to ensure the proper administration of
justice. The legal profession in India is governed by the Advocates Act, 1961, which outlines
the rights, privileges, and responsibilities of advocates.

An advocate is a legal professional who represents and advises clients in legal matters. Their
primary role is to act on behalf of clients in legal disputes, ensuring their rights and interests
are protected. Here’s an introduction to the duties of an advocate:

1. Client Representation

 Court Representation: Advocates represent clients in courts, tribunals, and other legal
forums, presenting their case, submitting evidence, and arguing on their behalf.

 Negotiations: They negotiate settlements or agreements outside the court when

required.

2. Legal Advice

 Advocates provide clients with expert legal advice, helping them understand their
rights, responsibilities, and the implications of their legal situation.

 They offer guidance on legal procedures and the best course of action.

3. Drafting Legal Documents

 Advocates prepare, review, and file legal documents, including contracts, wills,
pleadings, affidavits, and other court-related documents.

4. Research and Analysis

 Advocates conduct thorough legal research to build strong cases.

 They analyze precedents, statutes, and case laws relevant to their clients’ issues.

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5. Ethical Responsibilities

 They are bound by a code of ethics and must maintain client confidentiality, act in
their clients' best interests, and avoid conflicts of interest.

 Advocates must uphold the dignity of the legal profession and act with integrity and
honesty.

6. Mediation and Arbitration

 In some cases, advocates may serve as mediators or arbitrators to help resolve

disputes amicably without litigation.

7. Education and Awareness

 Advocates often educate clients and the general public about their legal rights and
responsibilities, contributing to legal literacy.

8. Professional Development

 Advocates stay updated with changes in laws, legal procedures, and judicial
precedents to provide accurate and effective counsel.

The role of an advocate is crucial in maintaining the rule of law and ensuring justice in
society. They act as a bridge between the law and the people, helping individuals navigate
complex legal systems.

In detailed explanation of advocate duties towards each one

1. Duties of an Advocate towards the Court

A. Duty to uphold the dignity and decorum of the court

Advocates have a solemn duty to maintain the dignity and decorum of the court. They must
conduct themselves in a manner that upholds the dignity and respect of the judiciary, and
refrain from engaging in any act or behavior that may undermine the integrity or authority of
the court.

Advocates are expected to address the court with respect, use appropriate language, and
follow the court’s rules and procedures.

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B. Duty to assist the court in the administration of justice

Advocates have a duty to assist the court in the administration of justice. They must present
their cases honestly, fairly, and with utmost sincerity. Advocates are officers of the court and
have a duty to ensure that justice is served and that the truth is brought before the court. They
must not withhold any material information from the court or mislead the court in any
manner.

C. Duty of confidentiality

Advocates have a duty to maintain the confidentiality of their client’s information. They must
not disclose any confidential information or privilege without their client’s consent unless
required by law. Advocates must protect their client’s interests and ensure that their client’s
information is not divulged to unauthorized persons.

D. Duty to be candid with the court

Advocates have a duty to be candid and forthright with the court. They must not misrepresent
facts, cite false authorities, or present misleading arguments.

Advocates must present their cases honestly and must not engage in any activity that may
undermine the integrity of the legal profession or the administration of justice.

E. Duty to respect the orders of the court

Advocates have a duty to respect and abide by the orders of the court, whether they agree
with them or not. Advocates must comply with the orders of the court and must not engage in
any activity that may obstruct or interfere with the administration of justice.

Disrespecting or disregarding the orders of the court can have serious consequences,
including disciplinary action by the bar council.

F. Duty to be punctual and prepared

Advocates have a duty to be punctual and prepared for all court hearings and proceedings.
Advocates must arrive in court on time, be fully prepared with all necessary documents,
evidence, and arguments, and be ready to present their case before the court.

Advocates must also be familiar with the relevant laws, rules, and procedures applicable to
their case, and must not cause any delays or adjournments due to their lack of preparation.

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G. Duty of fair and honest advocacy

Advocates have a duty of fair and honest advocacy in court. Advocates must not knowingly
make false statements, suppress material facts, or mislead the court or opposing parties.

Advocates must present their case honestly, fairly, and in good faith, and must not engage in
any conduct that may compromise the integrity of the judicial process. Advocates must also
not indulge in any sharp practice or unethical tactics to gain an unfair advantage in court.

H. Duty to refrain from criticism of the court

Advocates have a duty to refrain from making any unwarranted criticism of the court or its
officers. Advocates must not make derogatory remarks, use disrespectful language, or engage
in any conduct that may undermine the dignity or authority of the court.

Advocates must always maintain a respectful and professional demeanour in their

interactions with the court, even if they disagree with a court’s decision or ruling.

I. Duty to comply with court orders and directions

Advocates have a duty to comply with court orders and directions. Advocates must not defy
or obstruct the implementation of court orders or directions and must take necessary steps to
ensure compliance.

Advocates must also not engage in any conduct that may be deemed contumacious or
disobedient towards the court, as it undermines the authority and integrity of the judicial
system.

J. Duty to avoid frivolous or vexatious litigation

Advocates have a duty to avoid initiating or pursuing frivolous or vexatious litigation.

Advocates must thoroughly examine the merits of a case and advise their clients accordingly.

Advocates must not file or defend a case that lacks legal or factual basis or is intended solely
to harass or burden the court or the opponent.

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2. Duties of an Advocate towards Clients

A. Duty of loyalty and commitment

Advocates have a primary duty towards their clients. They must act in the best interests of
their clients and diligently represent their clients’ legal rights and interests. Advocates must
maintain a high level of loyalty, commitment, and confidentiality towards their clients.

They must strive to achieve the objectives of their client’s cases to the best of their abilities,
within the bounds of law and ethics.

Duty to provide competent and diligent representation

Advocates have a duty to provide competent and diligent representation to their clients. They
must possess the requisite knowledge, skill, and expertise to handle the legal matters
entrusted to them.

Advocates must stay updated with the developments in the law and diligently prepare and
present their cases in a competent manner. They must also communicate with their clients
regularly and keep them informed about the progress of their cases.

B. Duty of disclosure and informed consent

Advocates have a duty to disclose all relevant facts to their clients and obtain their informed
consent before taking any action on their behalf. Advocates must provide complete and
accurate information to their clients regarding the legal implications, risks, and possible
outcomes of their cases.

Clients have the right to be fully informed about their legal matters and make informed
decisions based on the advice and information provided by their advocates.

C. Duty to avoid conflicts of interest

Advocates have a duty to avoid conflicts of interest between their clients and themselves or
their associates. Advocates must not represent conflicting interests that may compromise their
loyalty, integrity, or objectivity towards their clients.

They must disclose any potential conflicts of interest to their clients and obtain their informed
consent before proceeding with the representation.

D. Duty to maintain professional integrity and independence

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Advocates have a duty to maintain professional integrity and independence. They must not
engage in any act that may compromise their integrity, independence, or impartiality.

Advocates must not allow any undue influence, pressure, or consideration to interfere with
their professional judgment or compromise the interests of justice.

E. Duty to maintain communication and updates

Advocates have a duty to maintain regular communication and updates with their clients.
Advocates must keep their clients informed about the progress of the case, court dates,
developments, and any other relevant information.

Advocates must also promptly respond to their client’s queries, concerns, and instructions,
and not ignore or neglect their clients’ interests.

F. Duty to act in the best interests of the client

Advocates have a primary duty to act in the best interests of their clients. Advocates must
always prioritize their client’s rights, interests, and instructions, and not compromise their
clients’ position for their own personal gain or interests.

Advocates must act with loyalty, sincerity, and professionalism in advancing their client’s
cause.

3. Duties of an Advocate towards Society

A. Duty to promote access to justice

Advocates have a duty to promote access to justice and ensure that justice is accessible to all,
irrespective of their social, economic, or personal background. Advocates must not refuse
legal representation to any person on the grounds of discrimination, bias, or prejudice.

They must strive to provide legal aid and pro bono services to the indigent and marginalized
sections of society.

B. Duty to promote legal education and awareness

Advocates have a duty to promote legal education and awareness among the general public.
They must strive to educate the public about their legal rights, obligations, and remedies.
Advocates must also contribute to legal research, writing, and publications to enhance the
knowledge and understanding of the law in society.
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C. Duty to uphold the rule of law and social justice

Advocates have a duty to uphold the rule of law and promote social justice. They must use
their legal skills and knowledge to prevent and redress any violation of human rights,
injustice, discrimination, or abuse of power.

Advocates must also strive to eradicate corruption and promote transparency, accountability,
and fairness in the legal system.

An advocate has a significant duty towards society, as they play a crucial role in upholding
justice, maintaining the rule of law, and promoting the well-being of the community. These
duties include:

D. Defending the Vulnerable

Advocates are expected to provide legal assistance to marginalized or underprivileged

sections of society, often offering pro bono (free) services when required.

They ensure that justice is accessible to all, especially to those who cannot afford legal
representation.

E. Contributing to Public Policy

By advising policymakers and participating in public debates, advocates contribute to the

development of laws that reflect societal needs and values.

F. Encouraging Dispute Resolution

Advocates often encourage amicable settlement of disputes through mediation, arbitration, or

negotiation, reducing the burden on courts and fostering harmony.

G. Acting with Integrity

Advocates are expected to act with honesty and integrity, setting a moral example for society
and maintaining the public’s trust in the legal system.

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H. Safeguarding Public Interest

Advocates must prioritize the welfare of society, addressing issues that impact the larger
community, such as environmental concerns, public health, and safety.

I. Opposing Injustice

Advocates have a responsibility to challenge unjust laws, policies, or practices and work
towards reforming them to align with principles of equity and justice.

By fulfilling these duties, advocates not only serve their clients but also contribute
significantly to the progress and well-being of society.

4. Duties of an Advocate towards Colleagues

A. Duty of professional courtesy and cooperation

Advocates have a duty to treat their colleagues with professional courtesy, respect, and
cooperation. They must not engage in any conduct that may harm the reputation or interests
of their colleagues. Advocates must strive to maintain a cordial and professional relationship
with their colleagues and promote a healthy and harmonious working environment within the
legal profession.

B. Duty to report professional misconduct

Advocates have a duty to report any instance of professional misconduct by their colleagues
to the appropriate authorities, such as the Bar Council or the court. Advocates must not shield
or protect their colleagues who engage in unethical or illegal conduct.

Reporting professional misconduct is essential to maintain the integrity and reputation of the
legal profession and uphold the interests of justice.

C. Duty to mentor and guide junior advocates

Advocates who have gained experience and expertise in the legal profession have a duty to
mentor and guide junior advocates. They must share their knowledge, skills, and experience
with junior advocates and help them in their professional development.

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Advocates must also strive to maintain a healthy and respectful relationship with their
juniors, providing them with guidance, support, and constructive feedback.

5. Duties of an Advocate towards the Bar Council

A. Duty to comply with the code of ethics

Advocates have a duty to comply with the code of ethics and professional standards laid
down by the Bar Council. Advocates must be familiar with the rules, regulations, and
guidelines of the Bar Council and must adhere to them in their professional conduct.

Advocates must also cooperate with any inquiries, investigations, or disciplinary proceedings
initiated by the Bar Council and provide all necessary information and documents.

B. Duty to pay dues and fees

Advocates have a duty to promptly pay their dues, fees, and subscriptions to the Bar Council.
Advocates must also promptly respond to any communications, notices, or requirements from
the Bar Council and comply with their regulations and procedures.

C. Duty to participate in Bar Council activities

Advocates have a duty to actively participate in the activities of the Bar Council, such as
elections, meetings, seminars, and workshops. Advocates must also contribute to the welfare
and development of the legal profession by providing feedback, suggestions, and inputs to the
Bar Council for its better functioning.

D. Duty to abide by the rules and regulations of the Bar Council

Advocates have a duty to abide by the rules, regulations, and code of conduct prescribed by
the Bar Council of India or the State Bar Council. Advocates must familiarize themselves
with the applicable rules and regulations and must comply with them in all their professional
activities.

Advocates must also keep themselves updated with any changes or amendments to the rules
and regulations of the Bar Council, and must adhere to them at all times.

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E. Duty to report misconduct

Advocates have a duty to report any misconduct or unethical behaviour of fellow advocates
to the Bar Council. If an advocate becomes aware of any violation of the Advocates Act, the
Bar Council rules, or any other ethical standards by another advocate, they must promptly
report such misconduct to the Bar Council for appropriate action.

Advocates must also cooperate with the Bar Council in any investigation or disciplinary
proceedings related to such misconduct.

6. Duties of an Advocate towards Opposite Party and Opposite

Counsel

A. Duty of fairness and respect towards the opposite party

Advocates have a duty of fairness and respect towards the opposite party. Advocates must not
engage in any conduct that may harass, intimidate, or bully the opposite party.

Advocates must also not indulge in any acts of misconduct, such as misrepresentation,
suppression of evidence, or manipulation of facts, that may prejudice the rights and interests
of the opposite party.

B. Duty of professional courtesy towards opposite counsel

Advocates have a duty of professional courtesy towards the opposite counsel. Advocates
must treat the opposite counsel with respect, dignity, and professionalism. They must not
engage in any conduct that may undermine the reputation or interests of the opposite
counsel.

Advocates must also not make any personal attacks or use derogatory language against the
opposite counsel during court proceedings.

C. Duty to avoid conflicts of interest with the opponent

Advocates have a duty to avoid conflicts of interest with the opponent. Advocates must not
represent conflicting interests that may compromise their ability to provide unbiased and
effective representation to their clients.

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Advocates must also not engage in any activities that may be deemed as collusive or
unethical, which may result in a compromise of the opponent’s rights or interests.

7. Duties of an Advocate Towards the Legal Profession

A. Duty to uphold the dignity and honour of the legal profession

Advocates have a duty to uphold the dignity, honour, and integrity of the legal profession
Advocates must maintain high standards of professional conduct, ethics, and morality.

Advocates must not indulge in any conduct that may bring disrepute to the legal profession or
erode public confidence in the legal system. Advocates must also not engage in any activities
that may compromise their independence, impartiality, or integrity as a legal professional.

B. Duty to promote legal education and professional development

Advocates have a duty to promote legal education and professional development. Advocates
must continuously update their knowledge, skills, and expertise in the field of law through
regular study, research, and training.

Advocates must also share their knowledge and experience with junior advocates and law
students to contribute to the growth and development of the legal profession. Advocates must
actively participate in legal seminars, workshops, and training programs to enhance their
professional competence and stay updated with the latest legal developments.

C. Duty to maintain professional conduct and etiquette

Advocates have a duty to maintain professional conduct and etiquette in their interactions
with clients, opponents, judges, court staff, and other stakeholders in the legal system.
Advocates must conduct themselves with dignity, courtesy, and respect towards all parties
involved in a case, irrespective of their personal opinions or differences.

Advocates must also refrain from engaging in any behaviour that may be deemed
unprofessional, unethical, or contemptuous of the court.

D. Duty to avoid misleading or false statements

Advocates have a duty to avoid making misleading or false statements in the course of their
professional practice. Advocates must not make any false, exaggerated, or misleading claims

36
about their qualifications, experience, or success rates to attract clients or gain an unfair
advantage in a case.

Advocates must also refrain from making any false statements or presenting fabricated
evidence in court, as it undermines the integrity of the legal profession and the justice system.

E. Duty to respect the authority of the court

Advocates have a duty to respect the authority of the court and uphold the dignity and
integrity of the judicial system. Advocates must not indulge in any behaviour that may
undermine the authority of the court or obstruct the administration of justice.

Advocates must comply with the rules, procedures, and orders of the court, and not engage in
any conduct that may be deemed disrespectful, disobedient, or contemptuous of the court.

Conclusion
Advocacy is a noble profession that plays a crucial role in the administration of justice.
Advocates, as officers of the court, have certain duties and responsibilities towards the court,
their clients, opposing counsel, and the Bar Council. The duties of an advocate are enshrined
in the Advocates Act, 1961, and the Bar Council of India Rules, and advocates are expected
to uphold them with the utmost professionalism and integrity.

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Topic No.4- Explain constitution, power and functions of state
Bar council and Bar council of India

What is the Bar Council of India?

The Bar Councils of India were established under the Advocates Act, 1961 based on the
recommendations of the All-India Bar Committee. These councils operate at both the national
and state levels. The State Bar Councils were established under Section 3 of the Act.

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

The Bar council of India (BCI) is a statutory body established under the advocates Act,1961.
It regulates the legal profession in India and sets standards for legal education. Here is
detailed information about the composition, term of office, disqualification of members,
powers and functions and membership in international bodies of the bar council of India:

Composition of Bar Council of India

The Bar Council of India (BCI) is composed of:

 Elected representatives from each State Bar Council (elected for a five-year term)
 Attorney General of India (ex-officio member)
 Solicitor General of India (ex-officio member)

The representatives from the State Bar Councils are elected for a term of five years. Within
the BCI, members elect a Chairman and Vice-Chairman from among themselves, with each
serving a two-year term. This structure ensures that the BCI is representative of various
regions and includes top legal advisors, facilitating comprehensive oversight and regulation
of the legal profession in India. The BCI is crucial in setting standards for legal education,
ensuring professional conduct, and safeguarding the rights, privileges, and interests of
advocates across the country.

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Disqualification of Member of Bar Council of India
An elected member of a bar council can lose their position if they meet any of the following
conditions:

1.If the Bar Council of which they are a member declares them absent within a good reason
from three consecutive council meetings.

2.If their name is removed from the roll of advocates for any reason.

3.If they are disqualified based on rules established by the Bar Council of India

Power of Bar Council to Make rules (Section 15):

Rule-making Authority: Bar councils have the authority to create rules to carry out the
purposes the Act.

Specific Rules: These rules can cover various specific matters, including but not limited to:

1.election rules:-rules how bar council members are elected, including the use of secret
ballots and postal voting as well as the process for preparing and updating voter lists.

2.chairman and vice-chairman elections: rules on how the chairman and vice-chairman
the bar council are elected.

3.Dispute resolution: rules outlining how doubts and disputes related to bar council
elections or the positions of chairman and vice-chairman should be resolved.

4.Filling vacancies: rules for filling any unexpected vacancies that may arise in the bar
council.

5.Chairman and vice-chairman powers: rules detailing the powers and responsibilities
of the chairman and vice chairman of the bar council.

6.Finanical Assistance Funds: rules regarding the establishment of funds by the bar
council to provide financial aid or legal assistance as specified in the act.

7.Legal aid to the poor: rules about how the bar council organizes and provides legal ais
and advice to people in need including the setup and functions of committees for this
purpose.

39
8.Bar Council Meetings: rules for calling and conducting meetings of the bar council,
including the minimum number of members needed for a valid meeting (Quorum)

9.Committee Rules: rules concerning the formation, functions, and terms of office of
various committees within the bar council.

10.Secetrary and Staff Rules: rules specifying the qualification and conditions of
services for the bar council’s secretary, accountant, and other employees.

11.Finanical Recordkeeping: rules related to the maintenance of financial records and

others necessary books

12.Audit Rules: rules about the appointment of auditors and the auditing process for the
bar council’s financial accounts.

13.Fund Management: rules governing the management and investments of the bar
council’s fund

Powers of the Bar Council of India

Admission as an Advocate

According to Section 20 of the Advocate Act, any advocate who had the right to practice in
the Supreme Court before the appointed day but was not listed in any state roll can express
their intention to the Bar Council.

They must do this within the prescribed time and using the prescribed form. Upon receiving
the application, the Bar Council of India will direct the respective state Bar Council to enter
the advocate’s name in the state roll without a fee.

Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council must send an
authenticated copy of the advocate role, prepared for the first time under this Act, to the Bar
Council of India. Furthermore, any alterations or additions made to the roll must be promptly
communicated to the Bar Council of India.

Transfer of Name

40
Section 18 of the Advocate Act deals with transferring an advocate’s name from one State
Bar Council role to another. If an advocate wishes to transfer their name, they must apply to
the Bar Council of India.

Upon receiving the application, the Bar Council of India will direct the removal of the
advocate’s name from the first State Bar Council’s roll and its entry into the roll of the other
State Bar Council. No fee is required for this transfer.

Appointment of Committees and Staff Members

Section 9 empowers the Bar Council of India to appoint disciplinary committee legal aid
committees, executive committees, legal education committees, and other necessary
committees.

Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members
as necessary. The secretary and accountant must possess the required qualifications. Having a
secretary is mandatory for the Bar Council.

Maintenance of Accounts

Under Section 12, the Bar Council of India must maintain books of accounts and other
relevant books in a prescribed format. Qualified auditors, like the auditing of company
accounts, must audit these accounts.

The Bar Council of India is also responsible for sending a copy of its accounts and the
auditors’ report to the Central Government. Furthermore, these accounts are published in the
Gazette of India.

Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate Act. These rules
can cover various aspects such as the election of Bar Council members, the chairman and
vice-chairman, dispute resolution, filling of vacancies, powers and duties of the chairman and
vice-chairman, organisation of legal aid, meetings and conduct of the business of committees,
and management and investment of funds of the Bar Council.

General Power and Punishment for Misconduct

Section 49 of the Advocate Act grants the Bar Council of India general power to make rules
for discharging its functions under the Act. Additionally, Section 36 empowers the Bar

41
Council to punish advocates for professional or other misconduct. The Bar Council of India
can suspend advocates from practice, remove their names from the state roll, dismiss
complaints, or issue reprimands as it deems fit.

Appellate Power

Section 37 gives the Bar Council of India authority to hear appeals against the orders of
disciplinary committees. The disciplinary committee of the Bar Council of India must hear
any appeal.

Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60
days.

Other Powers and Functions

Apart from the points, the Bar Council of India has additional powers and functions.

These include:

 providing financial assistance to State Bar Councils that require funds to perform their
functions,

 preventing citizens of specified countries from practising law in India if those

countries prevent Indian citizens from practising law there,

 reviewing the legality and propriety of proceedings conducted by State Bar Councils
or their committees,

 giving its orders except in matters handled by the disciplinary committee, and

 providing directions to State Bar Councils or their committees to ensure the proper
and efficient discharge of their functions.

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Functions of the Bar Council of India

Establishment of the Bar Council of India

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

Statutory Functions of the Bar Council of India

The Bar Council of India has various statutory functions outlined in Section 7 of the
Advocates Act, 1961:

1. Standards of Professional Conduct: It lays down the standards of professional

conduct and etiquette for advocates.

2. Disciplinary Procedure: It establishes the procedure to be followed by its disciplinary

committee and the disciplinary committees of each State Bar Council.

3. Advocates’ Rights and Interests: It safeguards advocates right privileges, and interests.

4. Law Reform: It promotes and supports law reform initiatives.

5. Handling Referred Matters: It deals with and resolves matters referred to by State Bar
Councils.

6. Legal Education: It promotes legal education and sets standards for legal education in
consultation with universities and State Bar Councils. It also visits and inspects universities
or directs State Bar Councils to do so.

7. Recognising Qualifications: It recognises universities whose law degrees qualify for

enrolment as an advocate. Foreign qualifications in law obtained outside India may also be
recognised reciprocally.

8. Seminars and Publications: It organises seminars and talks on legal topics by eminent
jurists and publishes journals and papers of legal interest.

9. Legal Aid: It organises legal aid for the underprivileged.

10. Management of Funds: It manages and invests the funds of the Bar Council.

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11. Election of Members: It provides for the election of members who will run the Bar
Councils.

Establishment of Funds

The Bar Council of India can establish one or more funds according to prescribed procedures.
These funds may be used to organise welfare schemes, provide legal aid or advice, and
establish law libraries. The Bar Council can receive grants, donations, gifts, or benefactions
for these purposes.

Membership in International Legal Bodies

Under Section 7(a) of the Advocate Act, 1961, the Bar Council of India may become a
member of international legal bodies like the International Bar Association or International
Legal Aid Association. It can contribute funds and authorise participation in international
legal conferences or seminars.

Prohibition of Strikes and Boycotts

The Bar Council of India must uphold professional conduct and etiquette for advocates. It is
illegal and void for the Bar Council to pass resolutions instructing advocates not to participate
in legal aid programs or disrupt court proceedings.

Advocates who participate in strikes or boycotts can face disciplinary action by the concerned
State Bar Council. Advocates are obligated to ignore calls for strikes or boycotts.

Case Laws on Powers and Functions of the Bar Council of India

Case: Ravindranath Naik v. Bar Council of India

In the case of Ravindranath Naik v. Bar Council of India, the court declared the resolution of
the bar council of India against participating in legal aid programs as illegal and void.

Case: Ex-Captain Harish Uppal v. Union of India

In the case of ex-caption harish Uppal vs. union of India the court emphasised that the bar
council of India should not paralyse the functioning of courts. Instead, it should focus on
setting professional standards and preventing strikes or boycotts.

44
Conclusion
The powers and functions of the Bar Council of India. As established under the Advocates
Act, 1961, its primary objective is to regulate and represent legal practitioners in India. With
the authority to lay down standards of professional conduct, the Council ensures
ethical practices among advocates. It also safeguards their rights and interests while promoting
law reform.

Furthermore, the Bar Council of India exercises its powers in various areas, including legal
education. It sets standards and recognises law degrees from universities, contributing to
developing competent legal professionals. Additionally, the Council organises seminars,
publishes legal journals, and supports legal aid initiatives to ensure access to justice for all.

Moreover, the Council manages funds, maintains financial transparency, and invests in
welfare schemes, such as supporting indigent advocates and establishing law libraries. It is
responsible for taking disciplinary action against professional misconduct and acting as an
appellate authority.

State Bar Council

Most of the States and some of the Union Territories have the state bar council, which play a
crucial role in defining and structuring the legal profession and education in their respective
state. It is an administrative body that enrols new advocates, maintains the advocates’ roll,
defines the legal education offered by different universities, and also takes disciplinary action
against the advocate who misbehaves or does not follow the code of ethics defined under the
Advocates Act of 1961.

Formation of State Bar Councils

Section 3 of Advocates Act, 1961 states that “there shall be state bar council.” Likewise, state
bar councils are the statuary bodies that governs the legal profession in their respective
jurisdictions.

Structure of the State Bar Councils

45
As per section 3 (2) of Advocates Act, a State Bar Council shall consist of the following
members, namely −

 In the case of the State Bar Council of Delhi, the Additional Solicitor-General of India
will be ex-officio member; and, in case of all other state, the advocate-general will be
the ex-officio member.

 In the case of a State Bar Council with an electorate not exceeding 5,000, 15
members, in the case of a State Bar Council with an electorate exceeding 5,000 but
not exceeding 10,000, 20 members, and in the case of a State Bar Council with an
electorate exceeding 10,000, 25 members, elected in accordance with the system of
proportional representation by means of the single transferable vote from amongst
advocates on the electoral roll of the State Bar Council.

 There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by
the Council in such manner as may be prescribed.

Functions of the State Bar Councils

Section 6 of Advocates Act, 1961, defines various functions of the state bar councils. Some
key functions are −

 to admit persons as advocates on its roll;

 to prepare and maintain such roll;

 to entertain and determine cases of misconduct against advocates on its roll;

 to safeguard the rights, privileges and interests of advocates on its roll;

 to promote the growth of Bar Associations for the purposes of effective

implementation of the welfare schemes;

 to promote and support law reform;

 to conduct seminars and organise talks on legal topics by eminent jurists and publish
journals and papers of legal interest;

 to organise legal aid to the poor in the prescribed manner;

 to manage and invest the funds of the Bar Council;

46
  to provide for the election of its members;

 to visit and inspect Universities in accordance with the directions;

 to perform all other functions conferred on it by or under this Act;

 to do all other things necessary for discharging the aforesaid functions.

Powers of the State Bar Councils

Being a statutory and administrative body, the state bar councils have various power such as

 Rule-Making Authority − State Bar Councils have the authority to make rules
regarding the conditions for enrollment and admission, standards of professional
conduct, and disciplinary proceedings.

 To Conduct Election − State Bar Council has the power to conduct election, which
include the manner of conducting election, eligibility to cast postal vote, manner of
publishing results, deciding validity of all such elections, etc.

 Constitution and Management of Funds − Based on situation and requirement,

state bar council can constitute fund and manage it accordingly.

 Organization of Legal Aid − As per the situation, state bar council can constitute
committee to provide legal aid to all poor or marginalized classes of society.

 Administrative Power − The state bar councils have the power to appoint auditors
to audit the accounts of the Bar Council.

 Disciplinary Action − One of the most significant powers of state bar council is to
initiate disciplinary proceedings against the advocates found guilty of professional
misconduct.

 Legal Education Regulation − State Bar Councils have the authority to regulate
legal education within their jurisdiction. They prescribe standards for law schools and
legal courses to ensure that aspiring lawyers receive quality education aligned with
ethical principles.

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Approval for State Bar Councils:
Rules Created by State Bar Councils only become effective if they are approved by the bar
council of India.

Conclusion

The powers and functions of the Bar Council of India. As established under the Advocates
Act, 1961, its primary objective is to regulate and represent legal practitioners in India. With
the authority to lay down standards of professional conduct, the Council ensures
ethical practices among advocates. It also safeguards their rights and interests while promoting
law reform.

Furthermore, the Bar Council of India exercises its powers in various areas, including legal
education. It sets standards and recognises law degrees from universities, contributing to
developing competent legal professionals. Additionally, the Council organises seminars,
publishes legal journals, and supports legal aid initiatives to ensure access to justice for all.

Moreover, the Council manages funds, maintains financial transparency, and invests in
welfare schemes, such as supporting indigent advocates and establishing law libraries. It is
responsible for taking disciplinary action against professional misconduct and acting as an
appellate authority.

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Provisions common to Bar Council of India and Bar Council Of State

A) Bar Council to be body corporate

A bar council, whether at the national or state level, is a legally recognized organization with
the ability to own property, enter contracts, and take a legal action, all under its official name.
It operates as a distinct and continuous entity

B) Constitution of committee of Bar council

The Advocates Act,1961, outlines the constitution of various committees within the Bar
Councils.

1]Disciplinary Committees (section 9):

1 Each Bar Council, whether at the national or state level, can form one or, more disciplinary
committees.

2.these committees consist of three members: two elected from the council’s members and
one co-opted from advocates who meets specific qualifications.

3 The most senior advocate among the committees’ members serves as the chairman.

4 These committees handle disciplinary proceedings against advocates

2] Legal Aid Committees (Section 9A):

1 A Bar council has the option to create one or more legal aid committees.

2 Each committee can have between five to nine members, as prescribed.

3 The Qualification, selection process, and terms of office for committee members are
determined as per the prescribed rules.

3]Standing committees (Section 10):

State Bar Councils Must establish two standing Committees:

1)Executive committee: consist of five members elected from the council’s members.

2)Enrolment Committee: Comprises three members elected from the council’s members.

The bar council of India must establish two standing committees:

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1)Executive committee: Consist of nine members elected from the council’s members.

2)Legal Education Committee: Comprises ten members, with five elected from the
council’s members and five co-opted members who are not part of the council

Both State Bar Councils and the Bar council of India have the authority to form additional
committees from their members as they see fit to carry out the provisions of the Advocates
Act,1961.

C) Transaction of Business, Staff, and audit of Accounts of Bar Council

Section 10A: Transaction of Business by Bar councils and Committees

1)Bar Council of India Meetings: The Bar Council of India must hold its meetings in
new Delhi or another location as decided with recorded reasons.

2)State Bar council Meetings: State Bar councils Must conduct Their Meetings at their
headquarters or other locations as decided with recorded reasons.

3)Committees’ Meeting Locations: Committees Formed by Bar Councils, excluding

disciplinary committees, should meet at the headquarters of the respective Bar Councils.

4)Rules of Procedure: Every Bar Council and its committees, except for disciplinary
committees, must follow the prescribed rules of procedure when conducting business.

5)disciplinary committees: Disciplinary committees under section 9 have specified rules

regarding when and where they meet and how they conduct their business, which are outlined
in the Act.

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Section 11: Staff of Bar Council
Every Bar council appoints a secretary and may appoint an accountant and other necessary
staff members. The Secretary and accountant must meet prescribed qualifications.

Section 12: Accounts and Audit

1.Bar councils are required to keep proper financial records in a specific format.

2.qualified auditors, who are experts in reviewing financial records, must heck these records
regular intervals.

3.State Bar Council needs to send their financial records and audit reports to the Bar Council
of India by the end of each financial year. These records are also published in the official
Gazette.

4.The Bar Council of India must Sends its Financial records and audit reports to the central
Government by the end financial year. These records are published in the Gazette of India.

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Topic No.5- Discuss Bar and Bench Relationship
The Bar and the Bench are like the two essential wheels of a chariot when it comes to
administering the law. They are interconnected and have their respective roles in the legal
system. In legal terms, the “Bar Bench relations” signifies the friendly rapport between
advocates and judges.

Both the Bar (advocates) and the Bench (judges) play crucial roles in ensuring justice.
Maintaining a harmonious relation between bar and bench requires mutual respect and
understanding from both sides.

Bar and Bench Meaning

In the process of delivering justice, the legal system consists of judges and lawyers who help
the courts fulfil their responsibilities. The “Bar” refers to the lawyers and the “Bench” refers
to the judges. These two parts work together and without them, the courts cannot effectively
provide justice.

Bar – Lawyers become registered advocates after completing their L.L.B. degree from a
university and undergoing specific training supervised by another advocate, as per the rules.
Collectively, these lawyers are known as the ‘Bar,’ and an advocate represents the Bar. In
most cases, the term “Bar” refers to a group of licensed attorneys who practice in the courts
of a state or a specific court.

Bench – The term “bench” refers to all the judges collectively, in contrast to the term “Bar,”
which encompasses all legal professionals. It also refers to the official part of the court when
judges are in session. Originally, the term ‘Bar’ referred to the section of the court related to
attorneys, but now it refers to the part of the court dealing with judicial officers, known as the
Bench.

What is Bar Bench Relations?

Bar Bench relations refer to the dynamic interaction and cooperation between lawyers (the
Bar) and judges (the Bench) within the legal system. This relationship is fundamental to the
administration of justice. Lawyers represent their clients’ interests in court, while judges
make impartial decisions based on the law. Maintaining a respectful and collaborative

52
partnership between the Bar and the Bench is crucial for the effective functioning of the legal
system.

It ensures that cases are heard fairly, legal principles are upheld and justice is served.
Communication, professionalism and mutual respect are key elements in fostering a strong
Bar Bench relationship, which ultimately benefits the legal profession and the individual’s
seeking justice.

Difference Between Bar and Bench

The difference between Bar and Bench in the legal context is fundamental to the
administration of justice.

While the Bar influences case presentation and argues on behalf of clients, the Bench holds
the ultimate authority to determine case outcomes and uphold the rule of law.

Aspect Bar Bench

Definition The collective term for lawyers Refers to the group of j

Role Advocates who represent clients Judges who preside ove

Function Present cases, argue and defend Hear cases, make legal

Advocacy Advocate for clients’ interests Impartial decision-mak

Qualifications Legal education and bar admission Legal education and ap

Independence Represent clients’ interests Impartially apply the la

Engagement in Advocacy Active in litigation and trials Passive, observing argu

Professional Conduct Governed by legal ethics Governed by judicial co

Influence on Outcomes Influence case presentation Determine case outcom

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 Court Appearance Appear in court as representatives Preside over court proc

Legal Practice Engage in legal practice Administer legal procee

Relation to Parties Advocates for parties’ interests Remains neutral and un

Decision-Making Power Limited to persuasion and argument Holds the authority to m

Legal Authority No decision-making power Decision-making autho

These differences emphasise their complementary roles within the legal system, with the Bar
advocating for parties and the Bench overseeing the delivery of justice.

Here is a table outlining the key differences between Bar and Bench in the legal context:

e court, regardless of the court’s status. They must refrain from displaying personal bias
against judges as they are entrusted with the responsibility of upholding the judiciary’s
professionalism and respect.

Conversely, it is the duty of the judiciary not only to be respectful toward members of the Bar
but also to uphold the high standards of the legal profession.

Contempt of court can be imposed on lawyers or judges for disrespectful or improper

behaviour. Contempt of court can be categorised as civil or criminal, encompassing actions
such as using derogatory language against a judge, questioning their authority or making
unfounded accusations. Such actions can result in contempt proceedings against the offending
party.

Importance of Bar Bench Relations

The significance of the Bar and Bench relationship was highlighted in the case of P.D. Gupta
v. Ram Murthi and others (1997), which explored how this relationship influences the
administration of justice.

In this case, a dispute arose over the property left by Shri Kishan Dass after his passing.
Various individuals claimed rights to the property, including one claiming to be his sister, one

54
claiming to be an heir and others. Vidyawati, the advocate for one of the claimants, purchased
the disputed property, knowing it was subject to a legal dispute. Subsequently, she profited by
selling the property to a third party.

A complaint was filed against the lawyer with the Delhi Bar Council, resulting in her
suspension. Due to the disciplinary committee’s inability to resolve the complaint within a
year, the case was transferred to the Bar Council of India, as mandated by Section 36-B of the
Advocates Act, which requires complaints to be resolved within a year. The Bar Council of
India’s disciplinary committee conducted a trial, found the advocate guilty of professional
misconduct and suspended her from practicing law for one year.

Role of Bar Bench in the Administration of Justice

The bar bench relation plays a crucial role in the administration of justice. Judges hold a level
of authority unmatched by any other office in the state, as their decisions profoundly affect
the lives, liberty, happiness, property and public perception of ordinary citizens. The wisdom
of judges is the cornerstone of a just and orderly society and their judgments hold individuals
accountable. If judicial power becomes corrupted, life, liberty and personal happiness are
jeopardised.

A robust and unbiased judiciary is of utmost importance for any state. Judges have a vital role
in maintaining civil order and they must fulfil their responsibilities diligently.

However, the administration of justice isn’t confined to the courtroom; it also greatly impacts
the Bar, which consists of attorneys. To ensure a harmonious relationship between Bar and
Bench, mutual respect and understanding are essential. Lawyers and judges complement each
other’s roles. Judges are often selected from the legal profession, making them part of the
same community as lawyers. This shared connection underscores the need for a respectful
and cooperative bench bar relation.

Given the nature of their respective roles, lawyers and judges may engage in dialogues that
are sometimes friendly, sometimes contentious and sometimes challenging. Despite
occasional disagreements, maintaining a cooperative and respectful relationship between
these two pillars of the legal system is crucial for the effective administration of justice.

55
Role of the Bar in Strengthening the Bar Bench Relations

Advocates are considered officers of the court and their primary duty is to assist the court in
the fair administration of justice. They do so by gathering relevant resources and presenting
them in court to help the court make informed decisions. Advocates work in partnership with
the judiciary to ensure the proper dispensation of justice. Their role is significant in
the administration of justices and to maintain a harmonious bar bench relation, advocates
should follow these guidelines:

 Respect for Judges: Advocates should show respect and reverence for judges,
refraining from any form of disparagement or criticism of the judiciary.

 Assist Judges: During court hearings, advocates should assist judges by accurately
and clearly conveying the relevant legal principles. They should conduct themselves
in a manner that pleases the judges and aids in the smooth conduct of proceedings.

 Handling Judicial Errors: If advocates believe there is an error in a judge’s

decision, they should not criticise the judge openly. Instead, they should follow proper
legal procedures, such as filing an appeal, to address and rectify any perceived
mistakes.

 Avoid Manipulation: Advocates should not exert undue pressure or attempt to

control judges to obtain favourable orders. They must refrain from using illegal or
inappropriate means to influence court decisions.

 Addressing Disrespect: If a judge’s conduct is perceived as disrespectful or

annoying to advocates, they should avoid engaging in confrontational discussions in
the courtroom. Instead, any issues should be addressed privately, such as in the
judge’s chambers and the Bar Association can make a formal request for respectful
behaviour.

 Prevent Unfair Practices: Advocates have a responsibility to guide and discourage

their clients from engaging in unfair or unethical practices in court proceedings.

 By adhering to these principles, advocates contribute to the preservation and

strengthening of the relation between Bar and Bench, ultimately enhancing the
administration of justice.

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  Role of the Bench in Strengthening the Bar Bench Relations
A judge, as a public official responsible for hearing and deciding legal cases, holds significant
authority within the legal system. To foster a strong and respectful bar bench relationship,
judges are encouraged to follow these principles:

 Mutual Respect: Just as advocates show respect to judges, judges should also
respect advocates. Maintaining mutual respect is crucial for a healthy working
relationship between bar and bench.

 Open-Mindedness: Judges should approach each case with an open mind, free
from bias or prejudice. Their actions should serve the interests of justice and they
should provide advocates ample time to present their cases.

 Impartiality: Judges must act impartially, refraining from favouring any party
involved in the dispute. Their decisions should be solely based on the merits of the
case and the applicable law.

 Minimal Intervention: Judges should avoid unnecessary interference with lawyers’

interactions with witnesses and their arguments. Excessive intrusion or disparagement
can harm a lawyer’s professional reputation and hinder effective case presentation.

 Clarity in Legal Interpretation: When interpreting complex legal rules,

documents or statutes, judges should provide clear explanations to ensure justice for
all parties involved.

 Adjournments: Judges should grant adjournments sparingly and only when

reasonable and appropriate grounds exist. Excessive delays can contribute to backlogs
in the court system and financial hardships for parties involved.

 Timely Disposition: Cases should be resolved promptly and older cases should not
take precedence over newer ones. The principle of “justice deferred is justice denied”
should be upheld.

 Respectful Conduct: Judges should refrain from making unwarranted public

remarks about a lawyer’s competence in open court. They should not ask lawyers to
leave the trial or bar them from future appearances without compelling reasons.

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  Legal Knowledge: Judges should possess a deep understanding of the law, apply it
to the evidence presented and reach well-reasoned conclusions.

 Judicial Independence: Upholding and preserving judicial independence is a

foremost duty of judges, ensuring impartial decision-making.

 Moral Responsibility and Honesty: Judges should be held to the highest

standards of moral responsibility and honesty, commanding respect in both their
personal and intellectual capacities.

 Continuous Learning: Judges should engage in regular and comprehensive

research to stay current with legal developments, statutes, and changes in the law.

 Communication: Regular briefings and meetings between judges and advocates

should be scheduled to facilitate discussion and resolution of issues, strengthening the
relationship between Bar and Bench.

 By following these principles, judges contribute to a productive and respectful

relationship with advocates and ensure the fair administration of justice in the legal
system.

Conclusion
The Bar Bench relationship lies at the heart of a robust and effective legal system. This
intricate interplay between advocates and judges is not merely a professional collaboration
but a cornerstone of justice itself. Mutual respect, open communication and adherence to
professional standards are the pillars on which this bench and bar relationship must stand.

The Bar, with its dedication to representing clients zealously, complements the Bench’s
responsibility to administer justice impartially. The synergy between these two entities
ensures that the rule of law prevails and individual rights are protected.

Duties of Bar and Bench in administration of justice

In the administration of justice, Bar and Bench plays an important role. Following are the

duties of the Bench and the Bar which they should perform for the administration of justice.

Duties of the Bench

In the state, there is no office of such powers as that of the judge, as the powers which are

58
held by judges are greater than any other functionary. The citizen's life, liberty, personal

domestic happiness, reputation, and property all are subject to the wisdom of the judges

and all the citizens must comply with the judge's decision. If judges become corrupt

there will be no security left with citizens to life and liberty, and there will be no

guarantee of personal domestic happiness to them. Thus, the state needs a judiciary that is

strong, powerful, and impartial. The judges shall perform the following duties:

Patient Hearing

While hearing cases the judge shall not be biased, and shall not form the opinion regarding
the merit of the case until he heard both the parties, he should act in the interest of justice.
Sufficient opportunity shall be given to the advocates by judges in order to present their case

Impartiality

Judges shall act impartial, and shall not do anything in favor of his friend and relatives, he

must do everything for justice.

Avoidance of Interruptions

When advocates examine witnesses in a case or argue in case, the judge shall make sure

that there are no interruptions. Unwanted interruption or bad comments by the judges

during the hearing of the case disturbs the advocates and as a result, he may not be able

to present his case properly. But the judges can interfere in the following circumstances:

1. To prevent waste of time.

2. To check the relevancy of arguments put forward by the advocates.
3. To get clarifications on a point that is not clear to him
4. To express his opinion on a point.
5. To promote speedy disposal of cases.

Interpretation of Statutes
59
In some cases, interpretations of acts, codes, regulations, orders, etc must be done by

the court, during the process of administration of justice, to remove the ambiguity

or inconsistency or to know the actual meaning of the provisions. So, in such cases, proper

interpretation of statutes should be done by the court to render justice to the parties.

Avoidance of unreasonable adjournments

Without reasonable and sufficient grounds cases shall not be adjourned.one of the reasons for
mounting arrears of cases is unreasonable adjournment which causes hardship to the party’s
Speedy disposal

Cases that come before the court shall be disposed of as soon as possible, as when justice

is delayed it means justice is denied.

Avoiding harsh comments

Harsh comments shall be avoided by the judge in the court about the advocate's lack of

knowledge in law, similarly, without any sufficient reason, they cannot ask the advocates

to leave the court. Judges should possess a calm temper.

Independence

The protection of the independence of the judiciary should be the prime duty of the judge.

Meeting of judges and advocates

At regular intervals, meetings shall be conducted between the judges and the Advocates,

such that they can put forward their difficulties in front of each other and it can be sorted

out, this will help in strengthening the Bar and Bench relation.

Integrity

The character and the conduct of a judge shall be praiseworthy, and he should have

personal and intellectual integrity.

Industriousness

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A judge should regularly update his knowledge and should know all the recent

developments and changes made in the law.

blog.ipleaders.in/bar-and-bench-the-everlasting-relation/#Patient_Hearing

Duties of the Bar

Advocates assist the court in the administration of justice, they are the officers of the court.
Advocates present the case before the court after collecting material related to that case, and
thus helps the court in arriving at the judgment. In the process of administration of justice, an
advocate is a partner of the judiciary. An advocate shall perform the following duties-

1. A respectful attitude shall be Phenetamine by advocates towards the courts, bringing in

mind that for the survival of the society the dignity of the judicial office is essential.

2. Efforts shall be made by advocates to prevent his/her client from adopting unfair practices
concerning the court.

3.By any illegal or improper means, an advocate shall not try to influence the judgement of
the court.

4.Dignity and Self-respect shall be maintained by an advocate while presenting his/her case
in front of the judge.

5.An Advocate shall help the court in the trail of the case by presenting clearly the laws
which are relevant to the case.

6.An advocate shall not present any fact in front of the court which he knows to be false.

7. An advocate shall not ask for an adjournment of the case without any sufficient reason.

8. An advocate shall always appear in court in a presentable manner and a prescribed

dress. In public places, he should not wear a gown or bands.

9. If an advocate knows a judge personally, he should not practice before him.

10. An advocate shall not interrupt in between when an opposite council or judge is

speaking.

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11. If an advocate has a monetary interest in any case, he shall not plead in such a case.

12. An advocate shall not represent any organization or institution if he is a member of the

executive committee of such an organization or institution

13. An advocate shall not apply any personal influence over the decision of the court, nor he
should give any kind of impression that he possesses personal influences with the judge
before whom he practises.

What judge requires from an advocate

An advocate is found to be useful and effective by the judge if he satisfies all the needs of

the judge, and a judge requires an advocate to help him in reaching the conclusion of the

case and thereby helping in the performance of his own role. It's impossible for an

advocate to do so unless he is equipped with the required skills.

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https://lawrato.com/indian-kanoon/criminal-law/contempt-of-court-in-indiatypes-
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