Practical File: Professional Ethics and

Professional Accounting System

Paper Code- 706

Submitted by: Submitted to:

Name of the Candidate Faculty

Ankit Mr. Navneet Krishna

Roll No. of the Candidate: Designation:

2001016 Asst. Professor

Course: BA.LLB(HONS) DBRANLU, Sonepat

Semester: 7th
Academic Year 2023-2024

Dr. B.R. Ambedkar National Law University, Sonepat

(INDIA)

1
 Table of Contents
ACKNOWLEDGEMENT.....................................................................................................................5
ASSIGNMENT 1: HISTORY AND EVOLUTION OF LEGAL PROFESSION.............................6
HYPOTHESIS.....................................................................................................................................6
RESEARCH QUESTIONS.................................................................................................................6
INTRODUCTION...............................................................................................................................7
LEGAL PROFESSION IN ANCIENT INDIA....................................................................................7
LEGAL PROFESSION IN MEDIEVAL INDIA.................................................................................7
LEGAL PROFESSION IN BRITISH INDIA.....................................................................................8
LEGAL PROFESSION IN INDIA AFTER INDEPENDENCE.........................................................9
CONCLUSION..................................................................................................................................10
ASSIGNMENT 2: SEVEN LAMPS OF ADVOCACY.....................................................................11
1. HONESTY.................................................................................................................................11
2. COURAGE................................................................................................................................11
3. INDUSTRY................................................................................................................................11
4. WIT............................................................................................................................................11
5. JUDGEMENT...........................................................................................................................12
6. FELLOWSHIP...........................................................................................................................12
CONCLUSION..................................................................................................................................13
ASSIGNMENT 3: DUTIES OF ADVOCATES................................................................................14
INTRODUCTION.............................................................................................................................14
BAR BENCH RELATIONS..............................................................................................................14
DUTIES OF ADVOCATE.................................................................................................................14
EXPECTATIONS FROM THE BENCH...........................................................................................16
CONCLUSION..................................................................................................................................17
ASSIGNMENT 4: SELECTED CHAPTERS OF ADVOCATES ACT, 1961................................18
ADVOCATES ACT, 1961.................................................................................................................18
CHARACTERISTICS OF ADVOCATES ACT................................................................................18
CHAPTER 3: ADMISSION AND ENROLMENT OF ADVOCATES............................................18
CHAPTER 4: RIGHT TO PRACTISE..............................................................................................20
ASSIGNMENT 5: SELECTED OPINIONS OF DISCIPLINARY COMMITTEES OF BAR
COUNCIL ON PROFESSIONAL AND OTHER MISCONDUCTS..............................................22
CASE 1..............................................................................................................................................22
FACT OF THE CASE....................................................................................................................22
RESPONDENT’S CASE:..............................................................................................................22
PROCEEDINGS:...........................................................................................................................22
ORDER:.........................................................................................................................................23
CASE 2..............................................................................................................................................23

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 FACT OF THE CASE....................................................................................................................23
COMPLAINANT’S CASE:..........................................................................................................23
RESPONDENT’S CASE:..............................................................................................................24
PROCEEDINGS:...........................................................................................................................24
ORDER:.........................................................................................................................................24
CASE 3..............................................................................................................................................24
FACT OF THE CASE....................................................................................................................25
RESPONDENT’S CASE:..............................................................................................................25
PROCEEDING:.............................................................................................................................25
ORDER:.........................................................................................................................................25
CASE 4..............................................................................................................................................25
FACTS OF THE CASE:................................................................................................................26
RESPONDENT'S CASE:..............................................................................................................26
PROCEEDINGS............................................................................................................................26
ORDER:.........................................................................................................................................26
CASE 5..............................................................................................................................................27
FACT OF THE CASE....................................................................................................................27
RESPONDENT’S CASE...............................................................................................................27
PROCEEDINGS:...........................................................................................................................27
ORDER:.........................................................................................................................................28
CASE 6..............................................................................................................................................28
FACT OF THE CASE:..................................................................................................................28
RESPONDENT'S CASE:..............................................................................................................28
PROCEEDINGS:...........................................................................................................................29
ORDER:.........................................................................................................................................29
CASE 7..............................................................................................................................................29
FACT OF THE CASE:..................................................................................................................30
RESPONDENT’S CASE:..............................................................................................................30
PROCEEDINGS:...........................................................................................................................30
ORDER:.........................................................................................................................................30
CASE 8..............................................................................................................................................31
FACT OF THE CASE:..................................................................................................................31
RESPONDENT’S DEFENSE:......................................................................................................31
PROCEEDINGS:...........................................................................................................................31
CASE 9..............................................................................................................................................32
FACT OF THE CASE....................................................................................................................32
PROCEEDINGS:...........................................................................................................................32

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 ORDER:.........................................................................................................................................32
CASE 10............................................................................................................................................33
FACT OF THE CASE:..................................................................................................................33
RESPONDENT’S CASE:..............................................................................................................33
PROCEEDINGS:...........................................................................................................................33
ORDER:.........................................................................................................................................34
ASSIGNMENT 6: SELECTED JUDGMENTS ON CONTEMPT OF COURTS.........................35
INTRODUCTION.............................................................................................................................35
MANINDERJEET SINGH BITTA vs. UOI (2011) 11 SCALE 634.................................................35
FACTS OF THE CASE.................................................................................................................35
ISSUES..........................................................................................................................................36
ANALYSIS....................................................................................................................................36
CONCLUSION..............................................................................................................................38
SUPREME COURT BAR ASSOCIATION vs UNION OF INDIA AIR 1998 SC 1895..................39
FACTS OF THE CASE.....................................................................................................................39
ISSUE............................................................................................................................................39
JUDGMENT..................................................................................................................................39
ANALYSIS....................................................................................................................................39
CONCLUSION..............................................................................................................................40
REFERENCES.....................................................................................................................................41

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 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my Asst. Professor Navneet Krishna
who gave me the golden opportunity to do this Practical File, which also helped me in doing
a lot of Research and I came to know about so many new things I am really thankful to them.
Secondly, I would also like to thank my parents and friends who helped me a lot in finalizing
this project within the limited time frame.

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 ASSIGNMENT 1: HISTORY AND EVOLUTION OF LEGAL
PROFESSION

HYPOTHESIS

The Legal Profession in India has undergone a complex evolutionary process, starting from
ancient legal systems rooted in traditional customs and evolving into a modern, diverse, and
multifaceted field influenced by globalization, legal reforms, and cultural diversity.”

This Hypothesis suggests that the legal profession in India has transitioned from its historical
origins in traditional customs to a contemporary, diverse field shaped by a range of factors.

RESEARCH QUESTIONS

1. What were the earliest forms of legal practice in ancient India, and how did they
influence the development of the legal profession?
2. How did colonial rule impact the legal profession in India, and what were the key
changes brought about during this period?
3. What is the role of ethics and professional conduct in the evolution of the legal
profession in India?

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 INTRODUCTION

The Legal Profession i.e., profession of law is one of the oldest and noblest professions. From
the onset of civilization, administration of justice has remained one of the most important
functions of the State. The term administration of justice is a very wide term and it includes
within its ambit the lawyers, the litigants and the judges. Legal professionals lie at the core of
administration of justice. The Preamble to the Constitution of India guarantees justice,
"Social, Economic and political” to every citizen.1

LEGAL PROFESSION IN ANCIENT INDIA

In ancient India, the King was seen as the central head of justice and the source of all judicial
authority. The Dharma Principle was in fact the foundation of the judicial system. In some
significant cases, the King's Court served as both an original court and the highest court of
appeal. The principles of Dharma outlined in the Vedas, Shastras, and Samritis were used to
guide the King's advisors, who included scholarly individuals like Brahmins, ministers, and
counselors. Even though there was a hierarchy of courts, one of the most notable aspects of
the ancient Indian legal system was the lack of attorney. According to Manu Smriti,
Yajnavalkya, and the procedures outlined by Narada, Brahaspati, and Katyayana, the
profession required a high level of technical skill.

LEGAL PROFESSION IN MEDIEVAL INDIA

In medieval times India was divided into many parts. There is not any significant change in
the judicial system which took place during the preceding thousands of years. However, the
Muslim rulers had a bigger effect on the judicial system. During this period, Qazi was the
main unit of judicial administration. there is no clear evidence of having an organized legal
profession yet lawyers known as Vakil were appointed to defend suits against the State and to
help poor people with free help.2 Still there was not any high legal learning nor stress or the
urge for having a well laid professional standards of conduct.

LEGAL PROFESSION IN BRITISH INDIA

1
Aggarwal, Arjun P. “LEGAL EDUCATION IN INDIA.” Journal of Legal Education 12, no. 2 (1959): 231–48.
http://www.jstor.org/stable/42891345.
2
Rai, Dr. Kailash. (1999) 2022. Legal Ethics. Twelfth. Prayagraj: Central Law Publications.

7
After the start of the British rule in the County, a new hierarchy of courts was set up in the
British period. The first British Court in Bombay in 1671 was set up by Governor Gerald
Aungier.3

 Charter of 1726: Mayor’s Court were established in the three Presidency towns of
Calcutta, Bombay and Madras. These Courts were constituted by Mayor and
Aldermen. The right of appeal lies to the Governor and his Council and after that to
the King in Council.
 Charter of 1753: This Charter was issued to amend the Charter of 1726. It ignored
significant provision for legal training and education relating to legal practitioners.
 Regulating Act 1773 and Charter of 1774: It outlined the East India Company's
rights and obligations with regard to its Indian holdings. The Regulating Act was
followed by the passing of the Charter of 1774. This was the first significant step
towards establishing a legal profession in India. Furthermore, Fort Williams in
Calcutta became the home of the Supreme Court. The Supreme Court has the
authority to approve, admit, and enroll as many attorneys-at-law as the Court deems
appropriate under Clause 11 of the Charter. At the time, only English, Irish, and
Scottish were referred to be advocates.4
 Bengal Regulation Act of 1793: It provided for major changes in the working of
Company Courts. Major provisions were:
 The Regulation created a regular legal profession for the Company's Adalat’s.
 The Regulation attempted to create the practice of law as a pleader and a scale
of professional fees based on a proportion of the value of the property. It also
attempted to bring some order and measure of quality to pleading.
 Only Muslims and Hindus could be pleaders. Additionally, the Sadar Diwani
Adalat may nominate additional suitable individuals with a liberal education
and a decent character.
 The Legal Practitioners Act, 1853 – The Act gave the Supreme Court's attorneys
and barristers permission to represent clients in Sadar Adalats and other subordinate
courts created by the East India Company, subject to any language or other rules
that may be in effect there.

3
Schmitthener, Samuel. “A Sketch of the Development of the Legal Profession in India.” Law & Society
Review 3, no. 2/3 (1968): 337–82. https://doi.org/10.2307/3053007.
4
Rai, Dr. Kailash. (1999) 2022. Legal Ethics. Twelfth. Prayagraj: Central Law Publications.

8
  Indian High Courts Act, 1861 – The distinct Company's Courts in the mofussil and
the Royal Courts in Presidency towns were combined into a single judicial system
in each of the three Presidencies with the establishment of Direct British Rule
following the Revolt of 1857. According to Section 9 of the Act, each Presidency's
High Courts are to have and execute all the jurisdictional and other powers and
authorities vested in any dissolved Court within that Presidency.
 Legal Practitioners Act 1879 – This statute unified all six levels of legal
professionals—Advocate, Vakil, Attorney of Any High Court, Pleader, Mukhtar, or
Revenue Agent—under the High Courts' purview. The Act granted the right to
practice law in any court in British India, other than a High Court on whose roll he
was not entered, or with the permission of the court, in any High Court on whose
roll he was not entered, for any advocate or vakil on the Roll of any High Court.5

LEGAL PROFESSION IN INDIA AFTER INDEPENDENCE

 All India Bar Committee, 1951 - The All-India Bar Committee was established in
1951, with Justice S.R. Das serving as its head. The committee's recommendation in
its report for the creation of an independent and unified All-India Bar is ideal and
must be realized. Additionally, it advocated for the establishment and upkeep of a
standard roll of advocates across the entirety of India as well as the requirement that
advocates hold a minimum level of education. Any applicant who meets the
requirements may apply to be enrolled as an advocate in any State.
 Advocates Act, 1961 - It marked the successful conclusion of a long process to
regulate and reform the legal profession. The Legal Practitioners Act of 1879, the
Indian Bar Councils Act of 1926, and other related legislation are repealed by the
Act.6

CONCLUSION

5
Ibid.
6
Schmitthener, Samuel. “A Sketch of the Development of the Legal Profession in India.” Law & Society
Review 3, no. 2/3 (1968): 337–82. https://doi.org/10.2307/3053007.

9
A noble profession is that of the lawyer. As a result, it is subject to both legal and ethical
regulations. The legal profession is absolutely essential to the delivery of justice. The
profession still has plenty of space for growth and development in the future for the benefit of
all humanity, notwithstanding the enormous progress that has been done.

ASSIGNMENT 2: SEVEN LAMPS OF ADVOCACY

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1. HONESTY - Honesty is the first and most crucial lamp of advocacy. It may be
categorized as the official polity of the profession, which each person must abide by
when interacting with the others. An advocate illuminates the lamp of honesty via
their words, actions, and beliefs. Since integrity in the legal community benefits both
the professions and an individual's reputation in the community, an advocate has a
fiduciary duty to be dependable and trustworthy to everyone who seeks his advice and
aid. Additionally, throughout the case, an advocate should never lie to either his client
or his opponent; instead, they should always be truthful. Finally, an advocate needs to
make sure that the information he provides to the courts is correct and compliant with
the law.
2. COURAGE - The second lamp of advocacy is courage which can be defined as the
capability to stand in front of the court without any fear. While practicing civil and
criminal law, a lawyer faces many challenges; yet, an advocate should always have
the guts to take on and eliminating any form of social injustice without fear. The
expertise and understanding of an advocate will increase their courage and
confidence, allowing them to stand up for the client's best interests.
3. INDUSTRY - One of the essential lamps of advocacy is an industry that denotes the
relentless work required of an advocate. Ignorance of the law is not a valid defense. A
lawyer representing a client needs to be well-versed in the laws pertaining to the
issue. Additionally, an advocate should always be aware of the latest laws because the
laws are dynamic in nature and evolve in response to the demands of society. They
should therefore be acquainted with the latest laws, since the law is a fickle mistress
that requires one to keep up with the changes and modifications.
4. WIT - The fourth lamp of advocacy is wit, which is needed to illuminate the darkness
of advocacy. Wit is the smart and amusing expression of ideas that results from
understanding, intelligence, and cognitive dexterity. An advocate's well-prepared
statement does not always work in front of the judge since he has to respond to
multiple queries from the court. Thus, an advocate's wit helps him bridge that gap at
that particular moment. A witty advocate can help a judge from taking an unsafe turn,
which the verdict or language almost certainly would. ELOQUENCE - Eloquence, or
proficient oral communication and effective use of language to persuade others by
appealing to their feelings, is the fifth lamp of advocacy. An advocate should be
confident when making a speech in front of the judge in addition to being a fantastic
speaker. In order to increase the effectiveness of their communication, they need also

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 use the proper legal terminology. This illumination is essential to an advocate's
success since well-spoken arguments enchant the bench and grab attention from
bystanders.
5. JUDGEMENT - The sixth lamp of advocacy is judgement, which is defined as the
inspiration that allows a person to transform good sense into appropriate action. This
lamp symbolizes carefully analysing the current situation before making a well-
informed decision. Because of this, an advocate needs to be able to think critically
about the problem at hand and make well-informed decisions.
6. FELLOWSHIP - Fellowship is the seventh and most effective advocacy lamp.
Fellowship is the state of being in a friendly relationship or companionship.
Advocates shouldn't be enemies, even though they are opponents. Without exception,
the lawyers ought to treat one another with respect and settle any differences they may
have as soon as they exit the courtroom. They ought to constantly support one another
in the legal community and maintain the light of fellowship.

In his book "Professional Conduct and Advocacy," Justice K.V. Krishnaswamy Aiyer added
"TACT," the eighth advocacy lamp. The ability to handle people and situations tactfully
without upsetting them is referred to as tact. It is imperative for the advocates to possess the
ability to handle the situation coolly and effectively, ensuring that neither the client nor the
opposing party is offended during the process. Though it more precisely refers to the human
element of applying judgment, tact involves and is based on judgment.

A lawyer's ability to represent clients, conduct research, prepare cases, advocate in court, and
other areas of their practice can all be greatly enhanced by incorporating the "Seven Lamps of
Advocacy" principles. Here's how these ideas can influence each of these fields:

1. Client Representation: Remain committed to truthfulness and openness when discussing

legal matters with clients. Give them frank and accurate evaluations of their cases. Make
achieving fair and just results for your clients your top priority, even if it means giving them
advice on which legal courses of action to take that may not be consistent with more general
justice principles.

2. Research: Be impartial when conducting legal research and make sure to look into all
pertinent legal precedents and authorities, regardless of the parties involved. Achieve a
thorough and in-depth comprehension of the law and legal principles so that you can offer
your clients knowledgeable and reliable legal advice.

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3. Courtroom Advocacy: In court, present facts and evidence truthfully, and avoid misleading
or misrepresenting information to judges, juries, and opposing counsel.

CONCLUSION

Finally, "Seven Lamps of Advocacy" offers a thorough framework for successful legal
advocacy. Truth, Courage, Perseverance, and Judgement are among the lamps that light the
way for advocates who stand up for justice. Advocators can navigate the complicated legal
system and uphold the values of justice and equity by adopting these values.

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 ASSIGNMENT 3: DUTIES OF ADVOCATES

INTRODUCTION

The legal profession is a cornerstone of any democratic society, with advocates playing a
pivotal role in upholding justice. The relationship between the Bar and the Bench is a critical
aspect of the legal system, shaping the administration of justice. Advocates, as officers of the
court, have a set of duties and responsibilities that define their role in the justice delivery
system.

BAR BENCH RELATIONS

Cordial relations between the Bench and the Bar are the essence of administration of
justice .For maintenance of cordial relations, mutual respect between the bench and bar is
necessary. Both bench and bar should effectively discharge the functions assigned to them in
coordination with each other without conflict. It can be achieved through organized efforts
coupled with mutual respect. It is an advantage that the members of the bench and the bar are
brought up in the same kindergarten they carry common ideals and traditions of judicial
discipline and legal ethics. Both are protectors of social values they have common goal as
they work for maintaining the rule of law in the country both are equal partners in
administration of justice. Both are under obligation to give justice to every person
approaching the code for ventilation of his grievance irrespective of caste, creed, sex, region,
religion, financial status or any other consideration. Therefore, it is not difficult to make
concerted efforts to achieve the goal of dispensing justice by harmoniously working with
each other.

DUTIES OF ADVOCATE

1. Respectful attitude towards court

An advocate is bound to maintain towards the courts a respectful attitude, bearing in mind
that the dignity of the judicial office is essential for the survival of a free community. He must
always keep in mind that he is an officer of the court like a Judge, equal partner with the
Judge in the judicial system, and co-sharer with the Judge of the responsibility of dispensing
justice. Apex court has observed that a respectful attitude to the court is necessary not for the

14
sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme
importance.

2. Appropriate behaviour

The status of lawyers as equal partner in administration of justice and their duty to assist the
court burdens them with heavy responsibility as to their conduct, behaviour and values and
advocate must always behave in such manner as befits his status as an officer of the court a
privileged member of the community and a gentleman the profession itself requires the
safeguarding of high moral standards.

3. Maintain the dignity of court

Being an equal partner with the Judges in the process of administration or justice it is solemn
duty of an advocate to respect the courts and Judges and also inspire others to do so. If an
advocate causes derogation of public image of the court or commits wilful disobedience of
court’s order or intimidates the judge in any manner he deserves to be punished. Therefore, an
advocate should do nothing which may bring disrepute to the court or lower its authority in
the eyes of common Man.

4. Constructive assistance to the court in proper adjudication

Being a responsible officer of the court, the advocate has a sacred duty of constructively
assist the court in just and proper adjudication of the matter to perform this duty effectively.
The advocate must be equipped with thorough knowledge of all relevant laws. It has been
held that as responsible officers of the court the council has an overall obligation of assisting
the court in a just and proper manner in just and proper administration of justice.

5. Not to mislead the court

The court believes in the statement made before it by an advocate since he is an officer of the
court. Therefore, an advocate is expected to be fair .He must make accurate statement of facts
without twisting or distorting. He should not make falls and baseless statements before the
court. He should never attempt to mislead nor misguide the court in respect to fact or law. He
should not misquote before the court the contents of a paper etc.

6. Assist the court in smooth functioning and early disposal of matter

It is well settled that justice delivered belatedly is no justice. It amounts to denial of justice.
Therefore, an advocate should assist the court in quick disposal of the matter. He should not

15
adopt dilatory tactics. He should do nothing which would hamper speedy litigation. His
absence when his matter is called out impedes the court proceedings. Courts cannot perform
their function effectively without assistance of the advocates. Therefore, an advocate must
attend the court without fail.

7. Not to resort to illegal means to influence the decision of the court

An Advocate shall not influence the decision of a court by any illegal or improper means.
Private communications with the Judge relating to a pending case are forbidden. ‘Bench-
hunting’ or ‘Bench-hopping’ or ‘Forum-shopping’ are also such illegal means which the
advocate should never resolve to. These terms are used to denote a practice by which a case is
managed to listed before and heard by a specific judge to ensure favourable order. Apex court
has held that no act of ‘Bench-hunting’ or ‘Bench-hopping’ or ‘Bench-avoiding’ can be
allowed.

EXPECTATIONS FROM THE BENCH

1. Good temperament

The Judge must possess and show good judicial temperament. The term ‘Judicial
Temperament’ denotes a proper blend of various qualities such as patience, open
mindedness, courtesy, courage, punctuality, calmness, understanding, compassion
humbleness and common sense. He must deal with others with sensitivity and calmness.

2. Honesty integrity fairness and impartiality

A Judge is expected to be honest. He cannot deliver justice if he indulges in corrupt

practices like bribery or favouritism. The honesty and impartiality must not only be
practiced but also be apparent and transparent. Therefore, a Judge should not hear a
matter in which he is directly or indirectly interested. He must not allow his relative to
practice in the Court of which he is the presiding officer.

3. Courteous attitude towards advocates

A Judge must be courteous towards the Advocates. He must appreciate that the
Advocates are integral part of judicial systems and are equal partners in administration of
justice. He must also keep in mind that proper and efficient discharge of his judicial
functions is dependent solely on the assistance rendered by Advocates.

16
 CONCLUSION

The relationship between the Bar and the Bench is a cornerstone of a functioning legal
system. Advocates, as officers of the court, shoulder significant responsibilities in
maintaining the integrity and effectiveness of the justice delivery system. By adhering to
their duties with diligence and professionalism, advocates contribute to the fair and
impartial administration of justice. The dynamic interplay between the Bar and the Bench
is essential for upholding the rule of law and ensuring access to justice for all.

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ASSIGNMENT 4: SELECTED CHAPTERS OF ADVOCATES ACT, 1961

ADVOCATES ACT, 1961

The Advocates Act passed in May 1961 and enforced on 16th August 1961 applies to the
whole of India.

The Advocate’s Act was to amend the laws related to legal practitioners. It provides the
constitution of members for the State Bar Council and Bar Council of India.

The act aims to constitute only one class of legal practitioners known as ‘Advocate’ and
provides uniform qualification for admission to the Bar. The act also vests the powers on the
Bar Council of India and the State Bar Council to take disciplinary action when required.
Let’s get into the depth to understand the Advocates Act, 1961 better.

CHARACTERISTICS OF ADVOCATES ACT

1. It consolidates existing laws on the legal profession.

2. The Advocates Act 1961 established the Bar Council of India and State Bar Council.

3. An advocate cannot enrol under more than one State Council but can transfer from
one state bar council to another.

4. It abolishes the difference between a vakil and an advocate. So, all those who practice
law are now called advocates.

CHAPTER 3: ADMISSION AND ENROLMENT OF ADVOCATES

Senior Advocate

Section 16 of the Advocates Act classifies advocates into two types, senior advocates and
other advocates.

The Supreme Court or the High Court can designate an advocate as a senior advocate with his
consent. For being eligible to be a senior advocate, an advocate must be in the court’s opinion
to possess the ability, standing at the Bar or special knowledge, experience in law. So, being a
senior advocate is considered a privilege.

18
It Is a saying that great power comes with great responsibility. The same goes for the
designation of a senior advocate. They are responsible for acting as a role model for junior
members in the profession. They are subject to certain restrictions imposed by the Bar
Council of India. When an advocate gets designated as a senior advocate, he should
communicate it to the High Court and the secretary of the State Bar Council and Bar Council
of India.

Advocates Roll

Section 17 of the Advocates Act provides that every State Bar Council shall prepare and
maintain the roll of advocates.

The roll gets prepared in two parts, and the first part contains the list of senior advocates and
the second part contains the list of other advocates. When more than one advocate gets
enrolled in a single day, their names in the state roll is added according to the seniority.

In the Advocates roll following details are mentioned:

 Name

 Date of Birth

 Permanent address

 Education details

 Place of interest to practice

A person cannot get enrolled in more than one Bar Council. But, he can transfer his name
from one state to another state roll-on genuine grounds.

Certificate of Enrolment

Section 22 of the Advocates Act, 1961 provides the provision for the Certificate of
Enrolment. According to this section, a certificate should get issued for the enrolment of an
advocate.

The certificate is issued in the prescribed form provided by the State Bar Council. Any
change made in the place of permanent address of the person is to get notified to the
concerned State Bar Council within ninety days.

Qualification to be enrolled in State Roll

19
Section 24 of the Advocates Act provides qualifications required for a person to get enrolled
as an advocate. The qualification prescribed for the enrolment in the state roll are as follows:

 The person must be a citizen of India. Even a national of any other country can be
admitted as an advocate on a State Roll if he belongs citizens of India who duly
qualifies the requirement for qualification are permitted to practice law in that
country.

 The person should have completed 21 years of age.

 The person should have passed 5 years integrated course after the 12 th standard or a 3-
year regular law course after graduation. If the degree is from any Foreign University
then, the degree must be recognised by the Bar Council of India.

 Enrolment fee must be paid by the advocate as prescribed by the State Bar Council.

 Fulfils any other condition as required.

Disqualification of Enrolment

Section 24 A provides criteria for disqualification of a person for enrolment. A person gets
disqualified from being enrolled as an advocate due to the following reasons:

 The person on conviction for an offence that involves moral turpitude.

 The person on conviction for an offence committed under the Untouchability

(Offences) Act, 1955.

 For removal from government service on a charge that involves moral turpitude.

 Such disqualification ceases to have effect after two years has passed since his
dismissal or release.

CHAPTER 4: RIGHT TO PRACTISE

Section 29 Advocates to be the only recognized class of persons entitled to practice law

Subject to the rules and provisions of this act, there are only one class of persons entitled to
practice law, i.e., advocates.

Section 30: Rights of advocates to practice

20
The advocates are enriched with the following right to practice:

1. In all courts including the Supreme Court,

2. Before any tribunal or person who is legally authorized to take pieces of evidence,

3. Before any other authority or person before whom such advocate is by or under any
law for the time being in force entitled to practice.

Section 32: Power of court to permit appearances in particular cases

Any court, authority, person may permit any person as required who is not enrolled as an
advocate to appear before the court or him in any particular case.

Section 33: Advocates alone entitled to practice

No person on or after the appointed day is entitled to practice in any other court or authority
or person unless he is enrolled as an advocate under this act.

Section 34: Power of High Court to make rules

The High Court has the authority make rules related to the permittance of practice in the High
Court or any other subordinate court. High Court can make rules related to taxation or fees
payable.

21
 ASSIGNMENT 5: SELECTED OPINIONS OF DISCIPLINARY
COMMITTEES OF BAR COUNCIL ON PROFESSIONAL AND OTHER
MISCONDUCTS

CASE 1
(Misappropriation of Client’s Money)

M vs. R ,14(2) 1987 IBR 319

D.C. Appeal No. 38/1984

Shri V. Rajayyah (Chairman) and Shri N. Rangaraj and Shri V.R. Reddy (Members)

Judgement Dated 9th February, 1987

FACT OF THE CASE

The complainant engaged the respondent for an eviction petition. During a revision petition,
the tenant deposited arrears of rent in court. The respondent, as the advocate, withdrew the
amount but did not transfer it to the complainant despite multiple requests. Allegations were
made regarding the misappropriation of this money by the respondent.

RESPONDENT’S CASE:
The respondent admitted to withdrawing the money but argued that the withdrawn amount
was slightly less than what was stated in the complaint. He claimed to have paid the entire
amount to the complainant and obtained vouchers as receipts. The respondent also alleged
that the complainant hadn't paid any fee for legal services.

PROCEEDINGS:
- The Bar Council of India (B.C.I.) had two key questions:

Whether the respondent paid the money to the complainant and obtained a receipt. If not, was
the punishment by the State Bar Council (S.B.C.) adequate or should it be increased? Both
disciplinary committees reviewed the records and the respondent's admissions, finding that
the respondent indeed withdrew the money as stated in the complaint. This withdrawal was
concealed from the complainant. The respondent’s defense, claiming to have paid the full
amount and producing a receipt dated before the withdrawal, was not believed by the

22
committees due to discrepancies in dates and the apparent inauthenticity of the receipt. The
respondent's allegation that the complainant hadn't paid legal fees was not considered a valid
reason for not transferring the entire withdrawn amount.

ORDER:
The State Bar Council (S.B.C.) convicted the respondent and sentenced them to a one-year
suspension. However, the Bar Council of India (B.C.I.) deemed this punishment inadequate
and ordered the removal of the respondent’s name from the State Roll due to the severity of
the misconduct. This decision was based on the misappropriation of client funds and the
negative impact of the advocate’s conduct on the dignity of the legal profession.

CASE 2
(Misappropriation of Client’s Money)

G. vs. T.

15(3&4) 1988 IBR 359

D.C. Appeal No. 21/1985

Shri D.V. Patil (Chairman) and Shri N.K. Jain and Shri J.K. Singh (Members)

Judgement Dated 9th July, 1988

FACT OF THE CASE

In this case, the complainant, along with other co-sharers in a land acquired by the
government, were awarded compensation. The respondent-advocate was authorized to
receive this compensation money on behalf of the complainant after completing necessary
legal procedures. However, despite receiving the compensation, the respondent did not
disburse the money to the complainant despite repeated requests.

COMPLAINANT’S CASE:
The complainant and other co-sharers were entitled to compensation for land acquisition. The
respondent-advocate received the compensation money on their behalf but failed to pass it on
despite multiple requests.

23
 RESPONDENT’S CASE:
Initially, the respondent denied receiving money from the Collector on behalf of the
complainant. However, during the proceedings, the respondent changed his statement,
acknowledging receiving the cheque and claimed to have handed over the cash to his clerk
for delivering it to the complainant. The clerk denied that the signature on the receipt was his,
stating it belonged to the complainant.

PROCEEDINGS:
Initially denying receiving the money, the respondent later admitted receiving the cheque and
claimed to have sent the money to the complainant through his clerk. However, the receipt
provided by the respondent indicated that the money paid under that receipt pertained to other
matters, not the land acquisition issues mentioned in the complaint. The respondent failed to
provide evidence proving that the money was disbursed to the complainant for the specific
land acquisition matters.

ORDER:
The State Bar Council's Disciplinary Committee found the respondent guilty of professional
misconduct for misappropriating the client's money. Consequently, the respondent's name was
removed from the Roll of Advocates. This decision was upheld by the Bar Council of India's
Disciplinary Committee, which additionally awarded costs of Rs. 500 to the complainant.

CASE 3

(Negligence in Conducting Case and Misleading Client)

C vs R 23(1) 1996 IBR 155

B.C.I. Tr. Case No. 104/1990

Shri Jagannath Patnaik (Chairman) and Shri Ashok Deb and Shri S.K. Padhi (Members)

Judgement Dated 19th November, 1995

24
 FACT OF THE CASE
The complainant hired the respondent-advocate to represent them in a property case. The
complainant regularly inquired about the case's progress and was assured that it was pending
in the Rent Controller's Court. However, after a significant time, the complainant discovered
that the case had been dismissed for default, leading to their efforts to restore it through
another advocate, ultimately resulting in the filing of a fresh case. The respondent falsely
represented that the case was ongoing, causing significant delays and harm to the
complainant's interests. Despite efforts to rectify the situation through another advocate, the
case couldn't be reinstated, compelling the complainant to initiate a new case.

RESPONDENT’S CASE:
Acknowledged representing the complainant but couldn't provide a reason for the case's
dismissal for default or for misleading the complainant about its status. Showed no remorse
or apology for their actions and attempted to shift blame onto the complainant.

PROCEEDING:
The Bar Council of India (B.C.I.) determined that the respondent's actions amounted to gross
negligence and professional misconduct. The negligence caused suffering and harassment to
the client, a clear violation of professional conduct. The respondent had a previous instance
of similar misconduct, resulting in a one-month suspension, which was upheld by the
Supreme Court of India.

ORDER:
Considering the circumstances and the respondent's previous misconduct: The Disciplinary
Committee of B.C.I. ordered the suspension of the respondent-advocate from practicing law
for a period of six months.

CASE 4

(Negligence in Conducting Case and Threatening Client)

Kapil Dev Singh vs. PremNath, 21(1) 1994 IBR 187

25
B.C.I. Tr. Case No. 52/1989

Shri V.C. Sharma (Chairman) and Shri B.N. Sharma and Shri Sarvesh Sharam (Members)

Judgement Dated 20th May, 1990

FACTS OF THE CASE:

Kapil Dev Singh hired Prem Nath as his counsel to file two Writ Petitions and paid Rs. 2000
for the service. Nath allegedly assured Singh of filing the petitions but later claimed to have
done so through another advocate without providing details. Singh discovered the petitions
weren't filed and demanded a refund and return of documents. Nath allegedly responded by
threatening and insulting Singh.

RESPONDENT'S CASE:
Nath denied being engaged as Singh's advocate or accepting a 'vakalatnama' but didn't refute
receiving payment or documents. He claimed a strained relationship and animosity as reasons
behind Singh's false complaint. However, Nath's defense lacked verification and supporting
evidence, making it inadmissible. He also failed to appear before the Bar Council.

PROCEEDINGS:

Nath didn't appear before the Bar Council's Disciplinary Committee (D.C.), leading them to
rely on Singh's statement and records. Due to Nath's absence and lack of a substantial
defense, the Committee upheld Singh's contentions, finding Nath guilty of misconduct.

ORDER:
The Bar Council suspended Prem Nath from practice for six months due to the upheld
allegations. The Bar Council made its decision based on the evidence and the absence of a
strong defense from Nath's side. The failure to appear, lack of proper documentation, and
absence of a credible defense worked against him. This case underscores the importance of an
advocate's responsibility towards clients and the serious repercussions of professional
misconduct in legal practice.

26
 CASE 5

(Negligence in Conducting Case)

G vs. M 14(3) 1987 IBR 488

D.C. Appeal No. 40/1986

Shri M.L. Garg (Chairman) and Shri R.S. Mahendra and Shri N.N. Mathur (Members)

Judgement Dated 27th April, 1987

FACT OF THE CASE

In this case, the complainant alleged negligence on the part of the respondent advocate,
leading to the dismissal of a case concerning a temporary injunction against her husband.
However, the subsequent proceedings and evidence presented led to a different conclusion.
The complainant accused the respondent advocate of negligence, stating that due to the
respondent's failure to adequately represent her, the case was dismissed. Consequently, her
husband remarried, causing her significant loss.

RESPONDENT’S CASE:

The respondent admitted not appearing in court on the specified date due to attending a
relative's marriage. He claimed to have asked a colleague to represent him but was unable to
file a restoration application as the complainant withdrew the case from him.

PROCEEDINGS:
During the proceedings, neither party presented any evidence, and the decision relied solely
on the pleadings. Initially, the Disciplinary Committee of the State Bar Council (D.C. of the
S.B.C.) found the respondent guilty of negligence for not filing the restoration application
and reprimanded him. In the appeal, the respondent produced a certified copy of an
application filed by the complainant in July 1985, expressing apprehension about her husband
potentially remarrying. This contradicted the complainant's claim that her husband had
remarried on 2.5.1985. The complainant didn't appear before the Bar Council to address this
discrepancy in her claim. Considering this new evidence and the lack of challenge to the

27
respondent's assertion that he was not given an opportunity to file a restoration application,
the Bar Council reversed the earlier decision. The Bar Council found no reason to disbelieve
the respondent's claim that he wasn't given a chance to file the restoration application.

ORDER:
As a result, the appeal was allowed, overturning the earlier decision of the State Bar Council's
Disciplinary Committee. The respondent advocate was exonerated of all charges leveled
against him, clearing him of any negligence in the case. The presentation of new evidence
that contradicted the complainant's claim and the absence of challenge to the respondent's
statement influenced the Bar Council's decision to reverse the earlier conviction, ultimately
exonerating the advocate of all charges.

CASE 6
(Withholding Documents)

R vs. L.J. L.J. vs. R14(3) 1987 IBR 491

D.C. Appeal No. 10/1986 D.C. Appeal No. 10A/1986

Shri N. Rangaraj (Chairman) and Shri K.N. Rajashekhar and Shri P.V. Shetty (Members)

Judgement Dated 4th August, 1987

FACT OF THE CASE:

Complainant entrusted a Promissory Note to the respondent-advocate for issuing a notice to
the debtor and paid the required fees. After the notice was issued, the complainant demanded
the return of the Promissory Note to engage another advocate for a lawsuit. The respondent
refused and demanded an exorbitant fee. The complainant reiterated the demand for the
return of the Promissory Note, but the respondent did not comply. As a result, the suit became
time-barred, causing a loss of Rs. 11,000 to the complainant.

RESPONDENT'S CASE:

28
The respondent acknowledged receiving the Promissory Note and justified the demand for
fees, citing non-payment as the reason for withholding the document through the exercise of
his right of lien. The respondent alleged that the complaint was filed out of revenge due to
disputes between their families, unrelated to the case at hand.

PROCEEDINGS:

The Disciplinary Committee (D.C.) of the State Bar Council (S.B.C.) found that the
respondent had no right to withhold the document, as the fees were demanded unusually after
a year and without producing a draft of the plaint as claimed. The S.B.C. suspended the
respondent for one month without costs for misconduct. The Bar Council of India (B.C.I.)
upheld the S.B.C.'s decision that withholding the document constituted misconduct but added
a cost of Rs. 1,000 to the penalty. The B.C.I. did not increase the suspension duration as the
complainant had initiated civil proceedings to recover damages for the loss caused by the
respondent's actions.

ORDER:
The respondent's failure to return the document was deemed misconduct by both the S.B.C.
and the B.C.I. The penalty imposed by the S.B.C. was affirmed by the B.C.I., with an
additional cost of Rs. 1,000, but the suspension duration was not extended further.

CASE 7

(Failure to Render Accounts, Misappropriation of Money, Withholding ofDocuments)

A vs. P14(4) 1987 IBR 745

D.C. Appeal No. 12/1986

Shri N. Rangaraj (Chairman) and Shri K.N. Rajashekhar and Shri P.V. Shetty (Members)

29
Judgement Dated 28th February, 1987

FACT OF THE CASE:

In this case, the complainant, who had a history of entrusting cases to the respondent-
advocate, decided to withdraw rent control cases from the advocate due to alleged non-
payment and failure to tender accounts. However, the advocate did not return the case papers,
leading the complainant to accuse the advocate of professional misconduct by withholding
documents.

RESPONDENT’S CASE:
The respondent-advocate denied the allegations, stating that he had returned the case papers
and disputed the complainant’s version of events. The advocate highlighted their past
assistance during the complainant's financial distress, including obtaining loans and repaying
them through rent collections on the complainant’s behalf. The advocate also claimed the
complainant owed fees and provided an account statement.

PROCEEDINGS:
1. The State Bar Council's Disciplinary Committee (D.C. of the S.B.C.) reviewed the
evidence and found that the respondent had indeed returned the case papers. They also
discovered that the complainant hadn't made efforts to determine the amounts owed, which
could have been obtained from court records or tenants directly. The D.C. noted the
advocate's assistance in securing loans for the complainant and showed evidence of returning
money collected from a tenant's advocate, as it was not claimed by the complainant. They
presented postal acknowledgments signed by the complainant acknowledging receipt of the
case papers from the respondent. Consequently, the D.C. dismissed the complaint,
exonerating the respondent. The Bar Council of India (B.C.I.) upheld the decision of the State
Bar Council’s Disciplinary Committee. They deemed the complaint to be criminal in nature,
stating that the burden of proof rested on the complainant, who failed to establish the case
beyond reasonable doubt.

30
 ORDER:
As a result, the appeal lodged by the complainant was dismissed, and the lower Disciplinary
Committee's decision to dismiss the complaint and exonerate the respondent-advocate was
upheld by the Bar Council of India.

CASE 8
(Misuse of Position of Advocate and Confidence of the Client)

S and H. vs. T., 15(3&4) 1988 IBR 364

B.C.I. Tr. Case No. 43/1982

Shri D.V. Patil (Chairman) and Shri N.K. Jain and Shri J.K. Singh (Members)

Judgement Dated 9th July, 1988

FACT OF THE CASE:

Complainants entrusted their legal matters to the Respondent and had confidence in him. The
Respondent proposed a partnership for manufacturing and selling bricks involving
Complainant No. 1 and the Respondent's wife, which was accepted. Complainant No. 1 paid
Rs. 18,496 towards her share capital, but no partnership deed was executed as agreed.
Instead, the Respondent created a partnership excluding his wife and Complainant No. 1.
Complainants sought an account of the transactions, but the Respondent refused to provide it,
leading to the accusation of professional misconduct.

RESPONDENT’S DEFENSE:
The Respondent denied all allegations, including receiving money from Complainant No. 1
or involving his wife in the partnership. He argued that there was no misuse of his position as
an advocate and thus no misconduct.

PROCEEDINGS:
The Disciplinary Committee of the Bar Council of India reviewed the evidence and heard
both sides. While evidence showed the Respondent's wife was involved in the brick business,
there was no proof of the partnership. The Committee found no independent evidence

31
implicating the Respondent in the business or proving misconduct due to his friendship with
the Complainants. Consequently, the complaint was dismissed based on these grounds. This
order suggests that despite suspicions, there wasn’t enough substantial evidence to prove the
alleged professional misconduct, leading to the dismissal of the complaint against the
Respondent.

CASE 9

(Misuse of Client’s Confidence)

J. vs. Smt. A.15(3&4) 1988 IBR 374

D.C. Appeal No. 28/1986

Shri M.L. Garg (Chairman) and Shri N.K. Jain (Member)

Judgement Dated 3rd July, 1988

FACT OF THE CASE

The Complainant engaged the Respondent to prepare a sale deed for a property purchase in
Bangalore. Payment was made to the Respondent for stamp papers, but the amount exceeded
what was necessary for the sale deed. Despite efforts by the Complainant and her husband,
the sale deed was not ready. They canceled the purchase due to a dispute discovered through
a telegram from another advocate. The Complainant requested the stamp papers back, but the
Respondent claimed they were misplaced and provided a cheque for the refund, which
bounced. After repeated requests, the Respondent returned only a portion of the due amount
and promised to pay the rest but failed to do so.

PROCEEDINGS:
The State Bar Council (S.B.C.) found the Respondent guilty of misconduct and ordered
removal from the State Roll, along with a directive to pay Rs. 15,000 to the Complainant. In
an appeal, the Complainant stated she received the balance of Rs. 15,000 and expressed no
objection to the appeal. However, the Bar Council of India (B.C.I.) believed the Respondent
was still liable for the misconduct. The Respondent admitted giving the money to his clerk

32
for purchasing stamps, claiming the clerk absconded with the funds. The Respondent reported
this to the police.

ORDER:
The B.C.I. acknowledged the misconduct, including misappropriation of client funds and
allowing the cheque to bounce. Despite reducing the punishment from removal to a
reprimand, the B.C.I. held the Respondent accountable for breaching the trust of the
profession and mishandling client funds. The decision was based on the acknowledgment of
the misconduct, even though there was an attempt by the Respondent to explain the situation
regarding the missing funds through involvement with the clerk and subsequent police
reporting.

CASE 10

(Negligence Not Amounting to Misconduct)

A vs R, 23(1) 1996 IBR 152

D.C. Appeal No. 19/1993

Shri G.D. Bhatt (Chairman) and Shri B.R. Sharma and Shri J.B. Pardiwala (Members)

Judgement Dated 30th September, 1995

FACT OF THE CASE:

In this case, the complainant made several allegations against the respondent advocate,
including falsely identifying a woman during the attestation of a General Power of Attorney
(GPA), disclosing privileged client information, misusing presiding officers' names for
personal gains, and working as an estate agent. However, the proceedings focused mainly on
the issue of falsely identifying a woman during the attestation of the GPA. Wrong
Identification During GPA Attestation: The complainant accused the respondent of falsely
identifying a woman during the attestation of a General Power of Attorney. Other Allegations:
Other accusations, such as disclosing client secrets and misusing presiding officers' names,
were not pursued due to lack of evidence.

33
 RESPONDENT’S CASE:
The respondent denied all allegations but admitted to identifying some ladies during the
attestation of the GPA, stating it was done in good faith at the deed writer's request.

PROCEEDINGS:
The State Bar Council's Disciplinary Committee found the respondent guilty only on the
grounds of falsely identifying a woman during GPA attestation. Other allegations were not
addressed. The Bar Council of India's Disciplinary Committee thoroughly reviewed all case
records. It was established that three out of four ladies executing the GPA were present during
attestation, while the fourth woman was wrongly identified by the respondent. The crucial
point was whether this misidentification was done with a wrongful intention or as a bona fide
mistake. The records showed that the GPA was not used to prejudice the wrongly identified
lady, as actions were taken to cancel the GPA and pursue action against the deed writer. The
respondent had also represented the accused in a criminal complaint filed by the complainant,
further supporting the assertion that there might not have been any wrongful intention. The
Disciplinary Committee of the Bar Council of India highlighted that in quasi-criminal
disciplinary proceedings like this, proving mens rea (guilty mind/intention to commit
wrongdoing) beyond reasonable doubt is necessary. As the complainant failed to prove mens
rea, the punishment awarded by the State Bar Council's Disciplinary Committee was set
aside.

ORDER:
The appeal was allowed, and the punishment previously awarded to the respondent by the
State Bar Council's Disciplinary Committee was overturned. The decision was influenced by
the lack of evidence proving wrongful intention (mens rea) behind the misidentification
during the GPA attestation. The decision was based on the requirement to prove mens rea in
such disciplinary proceedings and the lack of evidence supporting malicious intent in the
respondent's actions.

34
 ASSIGNMENT 6: SELECTED JUDGMENTS ON CONTEMPT OF
COURTS

INTRODUCTION

In the matter at hand, the Supreme Court has addressed a situation where the respondents
repeatedly failed to respond through their actions despite being granted multiple
opportunities. The case revolves around a significant lapse in progressing a task for seven
years following the court's explicit orders, and even after the court highlighted the need for
action, the authorities of the defaulting states exhibited reluctance. Consequently, the
Supreme Court held the Secretary, Transport, and Commissioner, State Road Transport
Authority of the State of Haryana accountable for their actions.

The court, in no uncertain terms, directed these officials to pay a fine of Rs. 2,000 each, with
a provision for straightforward detention for fifteen days in case of default. Additionally, a
substantial cost of Rs. 50,000 was imposed on the State of Haryana, payable to the Supreme
Court Legal Services Committee. Recognizing the contempt jurisdiction as a tool for future
compliance, the court emphasizes the necessity for both the State Government and the
condemners to strictly adhere to the orders and promptly execute the mandated plan. This
underscores the gravity of officials adhering to court orders, as any disregard not only
disrespects the court's authority but also subjects them to liabilities under relevant laws.

MANINDERJEET SINGH BITTA vs. UOI (2011) 11 SCALE 634

35
 FACTS OF THE CASE
On March 28, 2001, the Government of India introduced a scheme to regulate the issuance of
high-security number plates (H.S.N.P.) on vehicles. The scheme, implemented through an
order on August 22, 2001, aimed to create uniformity in number plates across India. These
plates, with a 15-year guarantee, feature self-destruction for engine and chassis identification,
a chromium-based hologram, and details of the vehicle, manufacturer, dealer, or supplier.

In 2003, a Writ Petition challenging tender process conditions was dismissed by the Supreme
Court. In 2005, another petition highlighted non-compliance by states, leading to a court
order categorizing states based on their adherence to the scheme. Despite a six-month
deadline, many states failed to implement.

On April 7, 2011, the Court noted widespread non-compliance, calling officers from
defaulting states for an opportunity to comply. Some states sought extensions, but on August
30, 2011, the Court classified states based on their actions, revealing disparities in
implementation efforts. Haryana was among states making minimal progress in implementing
H.S.N.P.

On 30th August 2011 the Court issued notice that proceedings under the Contempt of Courts
Act,

1971 will be initiated against such defaulting states and they would be liable to bare
exemplary costs.

ISSUES
1. Whether the court should provide another opportunity for implementation of HSNP

scheme?

2. Whether there is intentional default on the part of concerned officers of defaulting states?

3. Whether the state transport authority of Haryana is liable for the offence of contempt?

36
 ANALYSIS

The current case revolves around whether the Court should initiate proceedings under the
Contempt of Courts Act, 1971, concerning the State of Haryana's failure to implement the
High-Security Number Plates (H.S.N.P.) scheme. Despite the court's notice and proceedings,
the State of Haryana responded belatedly and inadequately.

Section 41(3) of the Motor Vehicles Act, 1988, mandates the strict implementation of any
public good scheme notified by the Central Government, such as the HSNP scheme.
However, numerous states neglected to take effective steps for its implementation.

Section 41(6) grants the Central Government authority to issue notifications related to
registration plates for public safety. Despite this, the HSNP scheme faced delayed
implementation due to the indifference of defaulting states.

A 2004 court order resolved controversies over the Central Government's control, allowing
states to act. However, for seven years, defaulting states showed little progress. Even after the
court's directive on April 7, 2011, these states demonstrated a lack of commitment.

The bench observed that while initial delays were understandable due to legal challenges, the
prolonged inaction for seven years indicated intentional negligence by the states' officers. The
court emphasized that public safety matters required diligent attention.

The court highlighted the lack of justified reasons for the delays and stressed the importance
of setting a precedent for prioritizing matters of public safety. It considered invoking the
Contempt of Courts Act, 1971, under criminal and civil contempt.

37
The court leaned towards civil contempt due to willful breach of court orders by state
authorities. It referred to legal principles, including Justice J.D. Kapoor's perspective,
emphasizing the special duty of the judiciary to ensure compliance with the law.

The court criticized the lackadaisical approach of defaulting states, citing Re: Vinay Chandra
Mishra, which emphasized the judiciary's duty to oversee compliance with the fundamental
law. It considered the actions of defaulting states as undermining the court's authority.

The court differentiated between criminal and civil contempt, emphasizing the willful
disobedience of court orders in civil contempt. It referred to the M.C. Mehta v. Union of India
and Ors. case, noting a lackadaisical attitude and the potential for contumacious behavior.

Returning to the present case, the court expressed dissatisfaction with the State of Haryana's
disregard for court orders, emphasizing that their conduct jeopardized the effective execution
of the statutory plan and undermined the court's dignity.

The court found the State of Haryana and specific officials liable for contempt due to their
indifferent and willful dismissal of court orders. It stressed the expectation for high officials
to act in accordance with the court's directives and reiterated the importance of upholding the
dignity and authority of the courts

CONCLUSION
In this case, the Supreme Court noted that despite repeated opportunities, the respondents
failed to respond through conduct. Firstly, there was a lack of progress in the task for seven
years after the court's orders provided clarity on the matter. Secondly, even after the court
pointed out the need for action, the authorities of the defaulting states were reluctant to
pursue the task.

38
The Supreme Court decisively held the Secretary, Transport, and Commissioner, State Road
Transport Authority of the State of Haryana accountable. Firstly, they are directed to pay a
fine of Rs. 2,000 each, with a default leading to a straightforward detention for fifteen days.
Secondly, the State of Haryana is imposed with a substantial cost of Rs. 50,000, payable to
the Supreme Court Legal Services Committee at the earliest.

Recognizing that courts invoke contempt jurisdiction to ensure compliance with orders, the
imposed penalties are deemed necessary. The court emphasizes the importance of both the
State Government and the condemners adhering to the orders and implementing the scheme.
It underscores that officials must take court orders seriously, and failure to do so disrespects
the court's authority, constituting contempt and making them liable under relevant laws.

SUPREME COURT BAR ASSOCIATION vs UNION OF INDIA AIR 1998 SC 1895

FACTS OF THE CASE

The contemner, an attorney, faced criminal contempt charges for attempting to interfere with
and obstruct the justice process by using rude, contemptuous, and threatening words. He
received a sentence of six years of simple jail and a three-year prohibition from practicing as
an advocate, with a suspended sentence conditional on his behavior during the four-year
suspension period. Dissatisfied with the decision, the Supreme Court Bar Association filed a
writ petition under Article 32 of the Indian Constitution, challenging the Supreme Court's
authority to suspend an advocate's license in a contempt of court case.

ISSUE
Can the Supreme Court, in exercising its powers under Article 129, read with Article 142 of
the Constitution of India, punish an advocate for committing proven contempt of court by
suspending his licence for a defined term and barring him from practising law

JUDGMENT
While the Supreme Court's contempt jurisdiction is broad, it cannot extend to evaluating an
advocate's "professional misconduct" outside the procedure established by the Advocates Act,

39
1961. Article 142's corrective powers must not supersede due process, and they cannot be
used to suspend a lawyer's license summarily while dealing with a contempt case. The court
clarified that Article 142 should not replace substantive law and statutory provisions but
operate within their confines.

ANALYSIS

The court highlighted that the power to penalize an advocate for "professional misconduct"
lies with the Bar Council under the Advocates Act. The court cannot bypass this procedure
and assume an original jurisdiction to suspend a lawyer's license during a contempt case. The
decision emphasized the importance of due process in handling complaints of professional
misconduct, which should be addressed by the Bar Council's disciplinary committee.

The court differentiated between its contempt jurisdiction and the Bar Council's authority,
asserting that each had distinct roles. It noted that the Supreme Court might intervene if the
Bar Council failed to take action against an advocate, but this would occur through its
appellate jurisdiction rather than acting as an original authority.

CONCLUSION

The court concluded that the Supreme Court's jurisdiction, while expansive, must not infringe
upon the Bar Council's authority to handle professional misconduct. Civil contempt remains
crucial for maintaining public confidence in the judiciary, while criminal contempt, according
to some experts, may need simplification or reconsideration due to potential implications on
freedom of speech and expression under Article 19 of the Indian Constitution. The court
affirmed the need to uphold due process and the rule of law in handling contempt cases.

40
 REFERENCES
ASSSIGNMENT 1

Aggarwal, Arjun P. “LEGAL EDUCATION IN INDIA.” Journal of Legal Education 12, no. 2
(1959): 231–48. http://www.jstor.org/stable/42891345.

Rai, Dr. Kailash. (1999) 2022. Legal Ethics. Twelfth. Prayagraj: Central Law Publications.
Schmitthener, Samuel. “A Sketch of the Development of the Legal Profession in India.” Law
& Society Review 3, no. 2/3 (1968): 337–82. https://doi.org/10.2307/3053007.

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