Professional Documents
Culture Documents
C N L U: Hanakya Ational AW Niversity
C N L U: Hanakya Ational AW Niversity
SUBMITTED BY
ROHIT SINHA
ROLL NO.601
9TH SEMESTER
RESEARCH METHODOLOGY....................................................................................................4
INTRODUCTION...........................................................................................................................5
SITUATION IN INDIA..................................................................................................................5
DUTY OF BENCH:........................................................................................................................7
M.C.SETALVALD..........................................................................................................................9
T.L.VENKATARAMA AYYAR..................................................................................................10
M.C.CHAGLA..............................................................................................................................11
M.HIDAYATULLAH...................................................................................................................14
H.M.SEERVAI..............................................................................................................................15
CONCLUSION..............................................................................................................................17
BIBLIOGRAPHY..........................................................................................................................18
Books.........................................................................................................................................18
Websites.....................................................................................................................................18
Online Database.........................................................................................................................18
At the outset, I would like to thank my Mentor & Faculty of Professional Ethics &
Contempt of Court, Dr.Anshuman Pandey, for being a guiding force throughout the
course of this submission and being instrumental in the successful completion of this
project report without which my efforts would have been in vain. He has been kind
enough to give me his precious time and all the help which I needed. I am immensely
thankful for the strength that he has endowed me with.
I would also like to express my heartfelt gratitude to the other staff of Chanakya National
Law University, for being immeasurably accommodating to the requirements of this
humble endeavor.
Rohit Sinha
Chanakya National Law University
Patna
Method of Research
The researcher has adopted a purely doctrinal method of research. The researcher has made
extensive use of the available resources at library of the Chanakya National Law University and
also the internet sources.
The aim of the project is to present an overview of various aspects of the relation between Bar &
Bench, and an analysis of the life of great Judges and Advocate of this country.
Though the current topic is an immense project and pages can be written over the topic but due
to certain restrictions and limitations the researcher has not been able to deal with the topic in
great detail.
Sources of Data:
The following sources of data have been primarily used in the project-
1. Books
2. Journals
3. Cases
Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.
Mode of Citation
The researcher has followed the bluebook method of citation (19th ed.) throughout the course of
this research paper. The author has followed the foot note system for citation.
The body of persons which operates the machinery through which justice is administered,
composed mainly of the Judges and the Advocates who help them in discharging their difficult
duties, has existed and functioned both in ancient and modern times. Its broad purpose
throughout has been to realise all those goals which are labelled "Justice” according to the law
which has to be administered in a society whether it is ancient or modern, capitalistic or
socialistic, feudal or industrial. Concepts of justice, however, have changed vastly in the course
of time. And, as between different States in modern times too, Justice, as embodied in the law,
has different contents and connotations. Such differences as we find between different States as
regards the functions of the Bench and Bar are, I suggest, mainly due to the somewhat differing
basic concepts of justice found in the laws of different States. These concepts have been
produced and moulded by the operations of complex and interconnected, constantly acting and
counter-acting, sets of factors in the course of our histories.
SITUATION IN INDIA
In this country, at any rate, there has been considerable hard thinking about the basic structure
and the operations of our machinery for the administration of justice. Bench and Bar are the two
arms of the same machinery and unless they work harmoniously, justice cannot be properly
administered through the courts of law. But lapses occur from both' sides, which tend to stiffen
their relationship. The lawyers in the discharge of their duties have sometimes to use expressions
which may not be palatable to the court but they are never used either with the intention of
offering any insult or causing any interruption to the proceedings of the court.
Bench: Bench signifies Judges, the Judge in the court or where Judge sits in the court or in court
complex.
Essentially duty of the lawyers or Advocates is to collect material relating to the case and thus
assist the court in arriving at accurate judgement, so Justice to be given to the aggrieved party.
The Legal Profession has not been formed for private gain but it is created for public good and to
serve the humanity in enhanced manner. Lawyers or Advocates are limb of the administration of
justice. Alone ‘Bench’ or ‘Bar’ cannot provide justice to the society.
Since the lawyers or Advocates are officers of the Court, it is their duty to
maintain respectful attitude towards the Court and at the same time to it is the duty of the lawyers
to maintain the dignity of the judicial officer in the court room and among general public. Any
lawyer or Advocate should not adopt any improper or illegal mean to influence the decision of
the Court and it is the duty of the lawyer, to restrain and prevent his/her client from practicing
any unfair mean in relation to the Court.
DUTY OF BENCH:
In the maintenance of rule of law, which is essential for the existence of orderly society, the
Judges play vital role in the maintenance of rule of law. According to Mr. C.L. Anand, “that
there is no office in the state of such power as that of the judge. Judges hold power which is
immensely greater that of any other functionary.”
As published in the book “Legal Ethics” by Dr. Kailash Rai, Apex Court
has observed in the case of P.D. Gupta v/s Ram Murti, 2 that administration of justice is stream
which has to be kept unpolluted. Administration of justice is not something which concerns the
Bench only. It concerns the Bar as well. Bar is the principal ground for recruiting Judges. No one
should be able to raise a finger about the conduct of the lawyer. Actually Judges and lawyers are
complementary to each other. The primary duty of the lawyer is to inform the Court as to the law
and facts of the case and to aid the Court to do justice by arriving at the correct conclusions.
Good and Strong advocacy by the counsel is necessary for the good administration of justice.
Consequently the counsel must have freedom to present his case fully and properly and should
not be interrupted by the Judges, unless the interruption is necessary.
In another case Hukumat Rai v/s The Crown,3 the court has observed, that a lawyer should
always conduct himself properly in a court of law and exert his least at all times to maintain the
dignity of the Court but the Court has also a reciprocal duty to perform and should not only be
discourteous to a lawyer but also should try to maintain the lawyer’s respect in the eyes of his
clients and the general public with whom he has to deal in his professional capacity.
It is said that at the beginning of his innings at the Bar he could not afford any transport to go to
his Senior or the Court. He would hang on to the backside of the horse carriage and when the
driver whipped the horse to make it gallop faster, the backlash would hit Sir Alladi who bore it
silently. Later while travelling by tram he would utilize the time taken by the journey to study all
2
AIR 1998 SC 283,
3
AIR 1943 Lah 14,
After the initial period of struggle and waiting which time was usefully spent to equip himself
and acquire profound -knowledge in all branches of law, the tide of fortune turned and then
Alladi's rise in the profession was meteoric. By 1916 within nine years of joining the profession
he commanded a large practice. In 1919 Alladi bought a site on Luz Church Road in Mylapore
and built a palatial residence utilizing his entire savings till then in the construction of the house.
It was an indication of his ability and self confidence. Very soon he reached the top and by 1920
at the age of 37 years, he had made for himself a separate and unique place in the Madras Bar.5
M.C.SETALVALD
Setalvad had his early period of waiting, and perhaps some frustration, during which time he had
very little work and he spent considerable time in reading the law reports and making his own
notes on important cases and reporting law cases for the press. Between 1913 and 1918 his
earnings were hardly anything though in the first year 1912 he earned a decent sum. He even
thought of taking up some job. But then Fortune smiled on him and he started getting regular
work. Thereafter there was no looking back; he simply forged ahead.6
4
A Century Completed-A History of the Madras High Court pp. 320-321
5
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-203
6
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-221, Para-1
During those days on many Sunday afternoons Bhulabhai used to send him 15 to 20 briefs in
miscellaneous matters for Monday. In a case in which Motilal was briefed against his father was
briefed against his father Chimanlal and lost the case, his client was quite happy because he had
addressed the court in a much louder voice than his father. A matter in which Setalvad was junior
of Dinshaw Mulla with Kanga and Bhulabhai opposing them was referred to the joint arbitration
of Bhulabhai Desai and Setalvad. From the beginning, it appears Bhulabhai showed a strong
inclination in favour of his former client and treated the arguments of the other side curtly.
Setalvad felt greatly distressed but not having attained a standing at the Bar to assert himself and
that too against his senior, he thought it best to withdraw from the arbitration which then fell
through. That attitude and act of Setalvad were greatly appreciated by Kanga and Mulla.8
T.L.VENKATARAMA AYYAR
Venkatarama Ayyar had a brilliant academic career and was the winner of the Bhashyam Iyengar
Hindu Law Gold Medal. He was an apprentice under Sir Alladi Krishnaswami Ayyar. He was
extremely studious in his days at the Bar and his grounding in law was sound and solid. His
extraordinary industry, assiduous study and keen perception brought their rewards. He made
rapid' strides in the profession and was often associated in the conduct of complicated appeals
with his erstwhile master Sir Alladi and other leaders of the Bar. His practice was on the civil
side.9
7
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-221, para-2
8
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-221,Para-3
9
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-297,Para-2
Sitting with the Chief Justice he had to deal with important questions of Constitutional Law, a
subject with which he was not very familiar during his practice as a lawyer. He, therefore, met
Alladi Krishnaswami Ayyar, his erstwhile senior and a leading authority on Constitutional Law
and sought his advice on how to gain proficiency in that subject. He was asked to proceed slowly
reading elementary books on the subject to begin with and then the more detailed ones. It was
suggested that he should start studying a small book on the Australian and Canadian
Constitution. Venkatarama Ayyar used to meet Alladi frequently and discuss with him like a
student and was soon able to acquire a mastery over the subject. His judgements in the High
Court and later in the Supreme Court demonstrate the efforts put in to master Constitutional Law
relating to different countries. His case is an example of how a person without prior knowledge
of a particular branch of law, but given the necessary determination and application can make it
good.11
M.C.CHAGLA
M.C. Chagla had a very interesting and colourful life at the Bar. He had hardly any work to
begin with and for quite some time thereafter. Jinnah with his impeccable standards of
professional etiquette believed that a senior should never recommend a junior or help him secure
a brief. He never enquired about Chagla's finances or well being. Chagla says that he learned in
iinnah's chambers the art of advocacy and the high traditions of the profession. Chagla would
attend all the conferences with Tinnah in his chamber and he would then be dropped by Jinnah at
10
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-298,Para-1
11
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-298,Para-3
While an advocate, he was also active in the Freedom Movement and in public life. He also
taught law at the Government Law College, Bombay. The key to success is the art of
distinguishing the relevant from the irrelevant. It is important to get to the root of the matter- to
sift the chaff from the grain. Chagla learnt and practised this at the Bar and perfected the art in
later life while being a judge or holding other positions.13
In February, 1941, he was invited by Chief Justice Beaumont to join the Bench. It was on a
Sunday morning when as usual Chagla was sitting in the Bar Gymkhana in Kanga's Durban
After bestowing much thought on the matter Chagla decided to accept judgeship and he became
a Judge of the Bombay High Court on 4th August, 1941. Then began a career on the Bench as
glittering as ever in recent memory. His work and contribution as a Judge are of immense value
and form an enduring and rich part of our legacy. On India's gaining independence, he became
the first Indian Chief Justice of the Bombay High Court on 15 August, 1947.14
As a Judge, Chagla was greatly loved and revered. He was absolutely fair and impartial and had
an open mind. He did not read the Court papers before hand to ensure that he did not form any
impression or opinion about the cases. He was always in the habit of proceeding to judgment as
soon as the arguments concluded. The first occasion when an important point was argued before
him with Munshi and Taraporevala appearing on opposite sides, Chagla hesitated for a moment
wondering whether he would be equal to the task, then thought over the matter and taking
courage called the stenographer immediately and dictated judgement then and there. That was
how it all began.15
In his entire career as a judge he reserved only a couple of judgements and that was to see
whether unanimity could be reached. He wrote his judgements effortlessly and they were tinged
with sweetness and light - so characteristic of him. Chagla never claimed infallibility. It is said
12
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-314,Para-1
13
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-314,Para-2
14
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-314,Para-3
15
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-315,Para-2
Every lawyer loved to appear before Chagla and never wanted to lose the forum even if there
was to be delay in taking up his case because even-handed and resolute handling of the case was
assured. He was kind and considerate and put everyone at ease. I have heard from Fali Nariman
about his first appearance as a raw junior before Chagla in a matter in which Palkhivala was
briefed and how he was made to feel at home. In Palkhivala's absence, being held up elsewhere,
Chagla asked Nariman to begin and guided him through the case and proceeded to judgement
dismissing the appeal by the time Palkhivala was hurriedly brought there by the clients.
Palkhivala interrupted to mention with his usual felicity the relevant interpretation of the law that
he was canvassing for. Chagla who did not like interruptions in his dictation.17
He never lost his temper or indulged in cheap jokes. Never at a loss for words- he would skilfully
assimilate the facts, condense the legal arguments and apply the law in well chosen prose. In his
Court justice was tempered with mercy and every effort was made to see that right was not
worsted and that wrong did not triumph. His Court will be remembered as Justice Chandrachud
put it, (as Govt. Pleader in his farewell to Chagla, CJ) 'for its majestic dignity, its independence
and integrity, its learning lightened by a lively wit and for its impatience to do justice.' His court
was verily a temple of justice for the litigant and an academy of legal education for the lawyer.
An incident which took place when Chagla was the Chief Justice clearly brings out his sense of
justice and fairness and his extraordinary judicial demeanor.
M.HIDAYATULLAH
On joining the Bar Hidayatullah began a thorough study of law which 'he knew only in patches.'
To begin with he chose Criminal Law and read through all the leading statutes- The Indian Penal
16
Palkhivala's speech on the occasion of unveiling Chagla's statue - See: Roses in December p. 571
17
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-315,Para5
Justice Hidayatullah brought to the Court a great deal of Varning and a fund of good humour.
His knowledge of constitutional law could hardly be matched by anyone else, whether at the
Bench or at the Bar; and that included not only an in-depth knowledge of the Constitution of
India and the Government of India Act, but also the Canadian, US and Australian Constitutions
and the entiresarp,..ut of case law that had developed around their interpretation. He was never
known to have given a wrong reference when he wanted counsel to cite a case.He was always
courteous but occasionally pulled the leg of some senior counsel. During tense moments in
heated debates, a witty interjection by him could ease the situation.19
Justice Hidayatullah was of the view that judgements of the courts were becoming more and
more diffuse and the simplicity of exposition was being lost. Quoting Dr. Johnson he compared
badly written judicial opinions to a meal which is `ill- killed, ill-dressed, ill- cooked and ill-
served.' A judge writing his judgements must exhibit the stamp of literature and liberal culture.
He was a master of the spoken and written word - a scholar and jurist in every sense. His
judgements are learned and well written and bear the stamp of authority. Hidayatullah has said
that when he delivered judgement in court in big cases, he had sleepless nights framing the
judgement in his head. It is said that Sir William Grant did the same and Churchill did the same
for his speeches. The judge was ready not with summaries of the the submissions but with a clear
mental picture of what to say and how much to say. The judgments of Lord Stowell, Lord
Mackmillan and Lord reid are exemplers.20
18
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-334,Para-2
19
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-341,Para-1
20
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-341,Para-3
H.M.Seervai had his long years of waiting before success came his way and he saw lesser men
forge ahead and achieve success because of other considerations. But nothing deterred him,
nothing made him 'to swerve from truth or change his constant mind'.21
Seervai had his break in 1941 with the famous 'Telephone case'- a case filed against the
Government 1 elephones Board where he was opposed by eminent counsel. It was argued before
Justice Chagla and it brought recognition to Seervai and his arguments — about his persistent,
fearless and unflinching stand and his success. That was the precursor of his innumerable stellar
performances.22
He was a man of integrity in every way in the best and noblest sense of the term. Transparent
sincerity, total commitment to whatever he did, inflexible rectitude in life, strict adherence to the
principles and values he believed in and the indomitable courage to stand up and fight for them
were his hallmarks. He was of the view that a person without commitment is like a rudderless
ship. Seervai was always fond of quoting and practised what Scott said: "Without courage there
cannot be truth; And without truth, there can be no other virtue." He was a true Zoroastrian
believing in and living up to its tenets of good thoughts, good words and good deeds. He was an
exemplar in intellectual integrity- that rare quali which stands for the unity of one's thoughts,
words and deeds.23
Early in his career he took on a judge who he believed was guilty of improper conduct and
behaviour. He carried the matter to Chief Justice Chagla who changed that judge from the
Original Side to the Appellate Side. Sir Jamshedji who venerated the office of judgeship was
appalled by what Seervai did; and Seervai unflinchingly told him that he would not compromise
in this and if his action embarrassed or displeased Kanga, he would leave his chambers. The
noble Kanga replied that Seervai was entitled to do what he thought to be right and there was no
question of his leaving the chambers. Later Seervai opposed the Bar giving a felicitation and
21
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-348,Para-2
22
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-348,Para-3
23
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-38,Para-4
He was conspicuous in the Bar Library confidently making statements and giving his views on
cases as well as on other contemporary issues. When Seervai began his career there was hardly
any litigation in constitutional law and like others in the city of Bombay he was in commercial
law litigation; initially he was more attracted to the law of evidence and the contract law.
CONCLUSION
24
Legends in Law, V.Sudhish Pai, Universal Law Publication,pp-349,Para-1
Analyzing the labour and temperament of Advocate and judges at time of Independence, I got
amazed that they are Industrious and for them their work was religion, but in modern era,
everybody wants quick success. They don’t want to work hard and harder, they simply wants
good fortune. This unfortunate behavior hits very root of justice administration at every level in
our country. Neither there are new generations who are interested in clarifying the point of law
nor they have capacity to do so. This is the plight of Indian Judicial system. In India there is
dearth of good civil lawyer and judges, civil law requires industry to master it and only old
generation lawyers are doing this, and every passing away of old lawyer, our civil law is taking
last breath and it is on death bed.
1. Anirudh Prasad, Principles of Ethics of legal Profession in India, Universal Book House,
New Delhi, 2004.
2. C. Rama Rao, et, al., Professional Ethics and Advocacy, Gayatri Books, New Delhi,
1987.
3. Kailash Rai, Legal, Ethics, Accountanc for Lawyers and Bench Bar Relation, Central
Law Publication, Allahabad, 2004.
4. Yashomati Ghosh, Legal Ethics and Profession of Law, Lexis Nexis, Nagpur, 2014.
Websites
1. https://www.academia.edu/9070599/balancing_a_duty_to_the_court_and_to_the_
client_a_dilemma_of_legal_practice_in_India
2. http://www.legalblog.in/2011/05/duties-and-conduct-of-advocates-supreme.html
3. http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_X09
D4F6E.PDF
Online Database
1. www.manupatra.com