PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING

SYSTEM– Internal II

B.A.LL.B (Hons.),
FIFTH YEAR

ACADEMIC YEAR: 2021-

2022 SEMESTER - IX

Name of Student: Adrianna Lillyan

Thangkhiew

Roll No.: 260 Division: C

Batch: (2017-2022) Programme: B.A. LL.B. (Hons.)

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PRN: 17010125260

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 Contents
Question 1......................................................................................................................................................................3
Introduction................................................................................................................................................................3
Legal Profession in India............................................................................................................................................4
The Development of India’s Position on Foreign Firms............................................................................................8
Advantages of Entry of Foreign Firms into India....................................................................................................11
Disadvantages of Entry of Foreign Firms into India................................................................................................13
Recommendations....................................................................................................................................................15
Conclusion................................................................................................................................................................16
Bibliography.............................................................................................................................................................17
Question 2....................................................................................................................................................................18
Introduction..............................................................................................................................................................18
India’s History in Reference to Contempt................................................................................................................19
The Contempt of Courts Act, 1971..........................................................................................................................22
Constitutional power to punish for contempt.......................................................................................................22
Types of Contempt...............................................................................................................................................23
Defences for Contempt........................................................................................................................................23
Development of Contempt in India..........................................................................................................................25
Contempt in the United States, an Analysis.............................................................................................................27
Contempt in the United Kingdom, an Analysis........................................................................................................29
Recommendations....................................................................................................................................................31
Conclusion................................................................................................................................................................32
Bibliography.............................................................................................................................................................33
Question 3....................................................................................................................................................................34
Introduction..............................................................................................................................................................34
Professional Ethics in India......................................................................................................................................35
The Role of the Bar Council of India.......................................................................................................................36
The Role of The Advocates Act, 1961.....................................................................................................................36
Duties of Advocate...................................................................................................................................................37
Duties towards Court...........................................................................................................................................37
Duties towards Adversaries.................................................................................................................................39
Development of Duties Through Jurisprudence.......................................................................................................41
Conclusion................................................................................................................................................................43
Bibliography.............................................................................................................................................................44

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 Question 1

i) Critically analyse the Indian Legal Profession in the Age of Globalization vis-à-
vis the Advocates Act including the probable pros and cons of the entry of
Foreign Law firms in India. Substantiate your opinion with case laws,
legislations and best practices across the globe.

Introduction

The post-globalization age has seen the implementation of a noteworthy principle,

namely, the integration of domestic economies with the global economy, which has
had a significant impact on every economic sector of all nations.
Nations are opening the doors of all the permissible sectors of their economy,
generously, to not just their national players, but also to foreign nationals in order to
boost the countries’ progress and Gross Domestic Product (GDP). This overwhelming
process of amalgamation has resulted in the fading of the outmoded practice of
domestic trading, i.e., carrying of business and practicing of profession within one’s
own country of origin and people all across the globe are seeking to expand their
horizons and to establish their brand name/goodwill worldwide.
It is not out of place to state here that India is not oblivious to global changes and has
proven to be one of the most promising and aggressive competitors in the quest for
achieving optimum and sustainable levels of development. Since the opening of the
Indian economy in the early 1990s, the number of national and international
organisations doing business in practically all sectors of the country has increased
dramatically.
Before delving into the topic in depth, it is worthwhile to highlight some of the
current state of affairs in the much-discussed Indian legal profession.

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 Legal Profession in India

The legal profession in India is one of the most profitable and rewarding, with over 6
million advocates practising in this field. Individual lawyers and mostly family-run
law businesses are the main service providers in this sector. It is important to note that
the right of an advocate to practise law is a statutory right, since it is governed by the
provisions of the Advocates Act, 1961 (hence referred to as ‘the Act’) and the Bar
Council of India Rules, 1975 (hereinafter referred to as ‘the Rules’). According to the
Act, there will be only one recognised class of persons entitled to practise the
profession of law as of the specified day, and that is advocates. An advocate is
defined in Section 2 (1) (a) of the Act as “any advocate entered in any roll under the
provisions of the Act.” To be more specific, an advocate is someone who holds a law
degree recognised by the Bar Council of India and is registered with any State Bar
Council.
It should also be noted that the Rules may specify a class or category of people who
are eligible to be enrolled as advocates, as well as the conditions under which an
advocate must have the right to practise and the circumstances under which a person
is deemed to be practising as an advocate in a court.
It is worth noting here that advocates are broadly separated into two groups - senior
advocates and other advocates. Furthermore, unlike in the United Kingdom, where
legal services are provided by two classes of legal professionals — barristers and
solicitors — there is no such classification in India. The barrister’s role entails
litigation, which entails representing clients in court proceedings and providing expert
legal advice. Solicitors, on the other hand, advise their clients on a wide range of legal
issues, including transactional work; but, their practise does not include litigation. In
India, these two functions are merged; an advocate who is a member of the Bar
Council of India (the body that oversees the legal profession) is qualified to conduct
both services and frequently does so.
It is worth noting that over the last decade, there has been a sea change in this
profession, and it has become quite competitive and promising. It is possible to

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 attribute some of the credit, albeit not entirely, to the processes of globalisation and
commercialization, which have resulted in a great need for professional legal services
throughout the Indian nation by enlarging and altering the Indian economy. Needless
to say, with the advent of globalisation and the resulting development of corporate
and other allied laws and regulations, the importance of corporate legal advice from
lawyers has evolved into a much larger practise than litigation practise, resulting in
the establishment of a massive number of law firms.
Unfortunately, while domestic lawyers meet the demand in the Indian legal market,
there is still a scarcity of competent professional legal services due to a lack of tough
and adroit competition. At this point, it is worth noting the following statement made
by Hon’ble Justice Krishna Iyer in the matter of Bar Council of India v. M V
Dhabolkar1 in 1976 ,“the law is not a commerce, not briefs, not merchandise, and
therefore the heaven of commercial competition should not vulgarise the legal
profession.” However, contrary to the aforementioned observation, it is humbly
submitted that there has been a sea change in the previous circumstances, not only in
Western countries but also in our homeland, and the never-ending processes of
commercialization and globalisation have resulted in the integration of the domestic
economies of the countries with that of the world economy, which in turn has resulted
in the manifestation of trade aspects of the legal profession all over the world.
However, as opposed to the aforementioned observation, it is humbly submitted that
there has been a huge shift in the previous circumstances, not only in Western
countries but also in our homeland, and the never-ending processes of
commercialization and globalisation have resulted in the integration of the domestic
economies of the countries with that of the world economy, which in turn has resulted
in the manifestation of trade aspects of the legal profession all over the world.
The Controversy of Foreign Firms Entering into India

The subject of liberalising the Indian legal sector by giving foreign enterprises access
to the Indian legal market appears to be not new and has never been without debate.
The openness of the Indian economy in the early 1990s resulted in the arrival of

1
1976 AIR 242

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foreign law firms in India. The first incidents that came to light were the
establishment of liaison offices by ‘Ashurst’ in the United Kingdom and ‘White &
Case and Chadbourne & Parke’ in the United States. According to the submission,
these firms were granted authority under the Foreign Exchange Regulation Act
(FERA) to begin merely liaison activities and not active legal practises.
However, foreign corporations and foreign governments (mostly those of the United
States and the United Kingdom) were dissatisfied with this reception and requested
more latitude in the laws and rules governing the subject of professional practise in
India by foreign firms and attorneys. From here, domestic lawyers and law firms
began a series of protests against the Indian government’s decision to allow foreign
firms to set up liaison offices in the nation, which eventually led to agitations
opposing any further relaxation in the matter of foreign law firm admittance.
Simultaneously, in 1995, the Attorneys’ Collective, a public interest trust established
by lawyers to offer legal aid, filed a petition in the Bombay High Court under Section
29 of the Advocates Act, contesting the right of international law firms to “practise
law” in India. It is argued that the fundamental matter that required the High Court's
consideration and decision was whether international law firms might open offices in
India and if the term “practise the profession of law” extends beyond appearing in
court to advising clients and writing legal papers. The Petitioners in the
aforementioned Petition maintained fiercely that the Act states that only advocates
enrolled in India are permitted to practise law in India. It was further contended that
the word “practise the profession of law” would cover not just appearing before
courts and providing legal advice as an attorney, but also creating legal papers,
counselling clients on international norms and customary practises, and conducting
transactions.
The Central Government, who was the Respondent in the aforementioned Petition,
maintained that the Advocates Act merely forbids foreign lawyers from appearing in
court and not from advising clients or producing legal papers. In the aforementioned
case, the Bombay High Court stated in an interim decision, “In our opinion, forming a
firm for offering legal help and/or for executing documents, negotiations, and
settlements of documents would unquestionably amount to practise of law.”

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Thus, the Hon’ble High Court very well broadened the definition of the word
“practise of law,” including within it the profession of offering legal advice,
executing papers, and negotiating and resolving the same.
Furthermore, the Court ruled that the Reserve Bank of India’s (RBI) licence did not
imply permission to practise law, but rather just the establishment of a liaison office
to serve as a communication channel between the head office and their Indian
counterparts. The High Court also ordered the government to conduct an investigation
into the matter and take appropriate measures against the companies. This was
recently overturned by the Bombay High Court, which determined that licences
provided by the Reserve Bank of India to the foreign law firms indicated above in the
early 1990s to establish up liaison offices in India were not legally genuine. The court
also ruled that practising law in India, both non-contentious and litigious, necessitates
previous registration under the Indian Advocates Act, 1961. Despite the sub - judice
case and the domestic lawyers’ resistance, several other international firms have
expanded their presence in India by entering into best friends agreements with
domestic law firms and outsourcing their legal services to private and governmental
organisations.

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 The Development of India’s Position on Foreign Firms

In Lawyers Collective v. Bar Council of India2, the Bombay High Court (“Bombay
HC”) found that the term “practise of law” encompassed both contentious and non-
litigious (advisory) practise. On this basis, it was determined that foreign lawyers who
had not registered as advocates under the requirements of the Act would be barred
from practising law in India.3 The Bombay High Court established these criteria while
considering whether practising in chambers constituted legal practise and if such
practise is in the nature of a commercial relationship under Section 29 of the former
Foreign Exchange Regulation Act. The Bombay High Court, on the other hand, did
not consider the question of whether foreign lawyers can practise foreign law in
India.4

The case of A.K. Balaji v. Government of India5 arose when an association of

advocates filed a writ petition with the Madras High Court, stating that the practise of
foreign law firms and foreign advocates in India violates the Advocates Act, 1961, as
well as the Bar Council of India’s standards. The group attempted to limit the practise
of these international legal firms and advocates in the country. The court stated that
while it was true that no foreign law firms would be allowed to practise law in India,
whether litigious or non-litigious, without fulfilling the conditions of the Advocates
Act of 1961, it also stated that no foreign lawyers or firms would be barred from
giving legal advice to their Indian clients on matters of foreign, international, or
domestic law and would be allowed to visit India temporarily on a temporary basis. In
truth, foreign lawyers were not precluded from participating in arbitration
proceedings stemming from contract disputes in international and commercial
arbitrations.
2
2009 SCC Online 2028
3
Gitanjali Shankar and Amba Uttara Kak, Litigation Versus Non-Litigation: ‘Practice of Law’ Under the Advocates
Act, (2010) 3 NUJS L Rev 299.
4
Sneha Saha, Liberalization of Indian Legal Service Markets, Global Tribune, (25 Aug., 2020),
https://globaltribune.in/liberalizations-of-indian-legal-service-markets/
5
A.K. Balaji v. Government of India 2012, 2012 SCC Online Mad 723.

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 It further clarified that BPO companies that provide specialised services such as
secretarial support, word processing proofreading, and transcriptional services do not
come under the ambit of BCI guidelines or the Advocates Act of 1961.
The Madras High Court ruling proved to be a watershed moment in the liberalisation
of the Indian legal industry and the opening of doors for foreign lawyers in the
arbitration market. However, this case was eventually appealed to the Supreme Court.

The Bar Council of India contended in Bar Council of India v. A.K. Balaji6 that the
Madras High Court's decision was inconsistent with the earlier decision in the
Lawyers Collective case, which had imposed a complete restriction on the practise of
foreign firms and advocates in the Indian legal market.
The Supreme Court ruled that foreign legal firms would not have an absolute right to
undertake international arbitration, and that if the BPO services were determined to
be practise law, the rules of both the Advocates Act and the Bar Council of India
would apply. Furthermore, the Court modified the Madras High Court’s order,
holding that such fly-in and fly-out visits are exclusively for casual purposes and do
not result in practising in India. Furthermore, the Court increased the Bar Council of
India's jurisdiction to determine the casual visits made by international lawyers or
legal advice offered to clients by such foreigners.

Keeping in view the rapid pace at which international trade and commerce is moving,
the Bar Council of India recognised in 2016 that there is a need for the legal
profession in India to keep up with such globalisation. Despite the Council's initial
reluctance to accept foreign lawyers into India, they decided to draught these rules in
order to promote and support the entry of foreign legal firms into the country. The
following adjustments were sought by the proposed rules:
a) Allowing for foreign law firms or lawyers to set up offices in India
b) Such setting up of offices will be subject to registration with the Bar Council
of India and initial tenure of 5 years and practicing non-litigation or Indian
law.

6
Bar Council of India v. A.K Balaji, 2018 SCC Online SC 214.

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c) Such foreign lawyers will be considered as Indian lawyers under Section 29,
30 and 33 of the Advocates Act, 1961.
d) Permitting partnership between foreign and Indian lawyers to hire
e) Permitting participation of a foreign lawyer in international arbitration
f) Such a foreign lawyer can practice in India after submitting a refundable
security deposit
g) Such registration can only be permitted on a reciprocal basis
h) Both the Indian as well as foreign lawyers will be subject to the same
disciplinary and ethical obligations
i) The registration fee for an individual foreign lawyer would be 20,000 USD
and a foreign firm would be 20,000 USD.

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 Advantages of Entry of Foreign Firms into India

Allowing foreign lawyers to practise in India is a source of disagreement among

Indian lawyers and Bar Councils. The possible loss of livelihood for the Indian legal
community is the principal cause for opposition to the proposed modifications to the
BCI Rules.
However, before reaching a decision, it is critical to examine the situation holistically
and consider its overall impact.

Despite initial reservations, there are several ways in which the presence of foreign
lawyers in India could be beneficial.

1. Transfer of Knowledge – Foreign enterprises entering India would allow for

the exchange of knowledge, expertise, and talent between Indian and foreign
firms. This will promote mutual enrichment and resource transfer.

2. Global Opportunities for Indian Lawyers – Allowing international legal firms

to practise in India on a reciprocal basis will allow Indian lawyers to practise
overseas. As a result, there will be a wider net of opportunities to give services
to prominent organisations both locally and globally. Indian law firms would
be able to broaden their activity by advising on multinational deals involving
Indian corporations.

3. Infrastructural Development at Institutional Level – This type of development

is required at both the academic and practical levels of training. Foreign law
firms entering the market will increase the bar for current legal education. The
emphasis will change from academic cramming to infusing students with
practical knowledge and expertise.

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4. Job Creation – If global legal firms establish themselves in India, they will
want lawyers who are well-versed in local law. Indian attorneys who are
familiar with the local labour conditions are ideal. Even if foreign lawyers
make up a small percentage of the total workforce, it represents a significant
job development opportunity for the Indian legal services sector. This strategy
will benefit rather than harm the Indian legal community. Law graduates will
be able to obtain lucrative careers in their home country while also gaining
international exposure.

5. Improved Quality of Service – International competition will help to improve

the current level of legal service quality. Service that meets international
standards will eventually result in superior quality service at reasonable
pricing. This will be a major relief for a client who has to pay significant sums
of money to obtain professional legal services.

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 Disadvantages of Entry of Foreign Firms into India

The biggest issue at this time is the loss of chances for local legal firms and Indian
attorneys. In the same way that the entry of retail behemoths like Amazon has
impacted small-time retailers and dealers in India, this action is being interpreted
in the same way.

Another source of concern is India’s significant gap in legal training and

education when compared to its global peers. This raises severe concerns
regarding the employability of recent graduates and young lawyers. Stringent
immigration regulations, as well as exorbitant tuition and bar exam fees, are
another source of anxiety for people seeking a foreign law degree.

1. Loss of opportunities – The biggest issue at this time is the loss of chances
for local legal firms and Indian attorneys. In the same way that the entry of
retail behemoths like Amazon has impacted small-time retailers and
dealers in India, this action is being interpreted in the same way.

2. Ethical Issues and different arena of practice – There is a persistent

concern that the ethics and etiquettes prevalent in international law and the
court system will have an impact on the ongoing process of ethics in India.
The charging of contingency fees has been identified as an issue that is
avoided because licences to practise law are always granted within the
bounds of ethics. As a result, any attempts by foreign lawyers to violate
the ethical code are rendered futile because they risk being barred.

3. Gap in Training – Another concern is the considerable gap in legal

training and education in India when compared to its foreign counterparts.
This raises serious questions about the employability of fresh graduates
and young legal professionals.

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4. Local flavour in Indian Market – The market can be trusted to decode its
own participants, and the fittest will survive, which will only be
achievable with regard to the host legislation. It is self-evident that host
country lawyers will always be on the winning side, with no or minimal
threat to their livelihood because international peers will not be able to
gain an advantage in the practise of host country law.

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 Recommendations

Allowing foreign firms and lawyers unrestricted access to the market would result
in monopolisation, putting host-country lawyers at a disadvantage. As a result, a
code of behaviour for these international legal firms is required to protect the
interests of host country lawyers, such as:

i. Certain legal areas shall be reserved only to be accessed and practised by

the host country lawyers including conveyance and probate.
ii. The stringent rules of Bar Council of India restricting to advertise need to
undergo a change so that the firms would be able make their clients aware
of their specialisation and hence catch up with domestic and international
clients in a more sophisticated way.
iii. There should be a written contract between the partnership firms providing
the Indian counterpart with all the skills and technical knowhow of its
foreign partner.
iv. Indian firms shall be vested with the rights of employing foreign lawyers
and further entitling them to the sharing of profits by the foreign law
firms.
v. The UK would be a great place to start for the Bar Council of India as both
the countries share a common law. The BCI should therefore seek such a
mutually beneficial arrangement as opposed to shutting down the
country’s market.
vi. With the abovementioned suggestions, the liberalisation should take place
in legal profession in India through GATS for the larger interest of the
host country citizens. The time has arrived for the doors to be opened up
for the foreign law firms which would in turn definitely open many other
restricted doors to the path in development of India.

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 Conclusion

As of present, the disadvantage appears to be a disincentive. On any given day,

however, the benefits of admitting foreign lawyers in India clearly outweigh the
drawbacks. However, as former Chief Justice of India JS Khehar said, “the remedy to
this problem is reciprocity”. The Advocates Act of 1961 contains a similar provision.
The path forward is to sign memorandums of understanding with other countries and
insist on reciprocity.
The service sector thrives on competitive prices and quality of service on offer. Entry
of foreign firms and foreign lawyers in India will result in increased competition. In
turn, it will see Indian firms competing to provide the best price and offer the best
service.

Eventually, it will play out to the benefit of both the service recipient and the
provider. Increased quality will translate to increased business. For the customers,
quality and competitive prices will ensure the best service at negotiable prices.
Support of seasoned lawyers only strengthens the case for allowing foreign lawyers in
India.
It is possible to bridge the gap in training and education through infrastructural and
administrative reforms at an institutional level. MoUs and exchange programs with
foreign law universities will facilitate international legal education. Hence, entry of
foreign lawyers in India in a phased manner is the need of the hour so as to allow the
Indian legal service market to keep abreast with the global legal industry.

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 Bibliography

Legal Resources
 SCC Online
 Manupatra
 Hein Online

Internet Articles
 Mihaela Papa & David B. Wilkins Globalization, Lawyers and India: Toward
a theoretical synthesis of globalization studies and the sociology of the legal
profession, 18 INTERNATIONAL JOURNAL OF THE LEGAL
PROFESSION 3, 175-209 (2011).
 Divya Harchandani, India: Supreme Court Prohibits Practice Of Law By
Foreign Lawyers/Law Firms In India, MONDAQ, (22 May, 2018),
 https://www.mondaq.com/india/performance/703304/supreme-court-
prohibits-practice-of-law-by-foreign-lawyerslaw-firms-in-india
 Laurel S. Terry, The Legal World Is Flat: Globalization and Its Effect on
Lawyers Practicing in Non-Global Law Firms, 28 NJILB 3 (2008).
 Garg, C., Affiliations: Foreign Law Firms' Path into India, 56 NYL SCH. L.
REV., 1165 (2011).
 Terry, L.S., The legal world is flat: globalization and its effect on lawyers
practicing in non-global law firms, 28 NW. J. INT'L L. & BUS., 527 (2007).
 Singh, A., Globalization of the Legal Profession and Regulation of Law
Practice in India: The “Foreign Entry” Debate, THE INDIAN LEGAL
PROFESSION IN THE AGE OF GLOBALIZATION, (2017).
 Christine Garg, Affiliations: Foreign Law Firms’ Path into India, 56 N.Y.L.
SCH. L. REV. 1161 (2011-2012).

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 Question 2

ii) Prepare a research article on the contemporary development of the law relating
to contempt as under the contempt of courts act, 1971 and the law pertaining to
contempt in foreign jurisdictions (us, uk etc). Analyse the provisions in light of
recent landmark judgments.

Introduction

Contempt of court is a violation of the rule of law that seeks to penalise any act that
undermines the dignity and authority of judicial institutions. Although it is difficult to
pinpoint the roots of contempt legislation, there is little doubt that it originates from
the common law concept of judicial authority and independence.
The supporters of this rule say that the good will of the judges is the cornerstone upon
which any system of administration is solidly based. As a result, any attempt to
undermine the public's trust in the courts amounts to a strike at the very heart of the
democratic system, and should be opposed.7
The scope of contempt law is so broad that it is difficult to provide a precise
definition of the offence. According to a recognised source, disobedience to the court
is defined or regulated as an act of deposing or despising the authority, justice, or
dignity thereof. It usually consists of the person doing something other than what he
is enjoined to do, or not executing what the court’s process, order, or judgement
commands or requires of him.8 This article seeks to draw attention to the origins of
contempt and its development in India and conduct a comparative analysis with other
jurisdictions in light of various jurisprudential decisions.

7
Surinder Puri, Iyer's Law On Contempt of Courts 25 (2004).
8
Miller v. Knox (1878) Bing N.C. 574, 589.

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 India’s History in Reference to Contempt

Contempt of Court in India: The roots of contempt law in India can be traced back to
pre-independence times. The East India Company took over the lands in India,
requiring the King of England to approve the Charter of 1726, which established a
Corporation in each Presidency Town.
This Charter is considered to be an important landmark in the history of legal system
in India as it introduced the English Laws in the country. Mayor Courts were
constituted in each of the Presidency Towns and were made the Courts of Record,
and authorised to decide all civil cases within the respective town and subordinate
areas.
Subsequently, in the year 1774, the Mayor’s Court at Calcutta was replaced by the
Supreme Court of Judicature at Fort William, Calcutta, under the Regulating Act,
1773.
The Mayor’s Courts at Madras & Bombay were superseded by the Recorder's Courts,
which were also later abolished and replaced by the Supreme Courts under the
Government of India Act, 1800.
While the Supreme Court at Madras came into existence in the year 1801 by the
Charter of 1800, the Supreme Court at Bombay came into existence in 1824 by the
Charter of 1823. The Recorder’s Courts & Supreme Courts had the same powers in
the matters of punishing for contempt as was exercised by the superior Courts in
England.

The Supreme Courts were in turn succeeded by the High Courts’ under the Indian
High Courts Act of 1861. The three High Courts of Calcutta, Bombay & Madras had
the inherent power to punish for Contempt. In 1866, the High Court of Allahabad was
established under the Indian High Courts Act, 1861 and was constituted as a Court of
record with the power to punish for Contempt.

20
 In Legal Remembrance v. Matilal Ghose & Ors.9, the Court observed that the power
to punish for Contempt was arbitrary, unlimited and uncontrolled, and therefore,
should be exercised with the greatest caution: that this power merits this description
will be realised when it is understood that there is no limit to the imprisonment that
may be inflicted or the fine that may be imposed save the Court’s unfettered
discretion, and that the subject is protected by no right of general appeal.

The Division Bench of the Calcutta High Court considered this jurisdiction of the
High Court in 1879 in the case Martin v. Lawrence10, and observed, “The jurisdiction
of the Court, under which this process is issued is a jurisdiction that it has inherited
from the Old Supreme Court, and was conferred upon that Court by the Charters of
the Crown, which invested it with all the process and authority of the then Court of
King’s Bench and of the High Court of Chancery in Great Britain.”

The Contempt of Court Act, 1926 was the first statute in India with relation to law of
contempt. Section 2 of this Act recognized the existing jurisdiction in all the High
Courts to punish for contempt of themselves and conferred on the High Courts the
power to punish for contempt of courts subordinate to it. The Act also specified the
upper limit of the punishment that can be imposed for the said contempt. The Act of
1926 was repealed and replaced by the Contempt of Courts Act, 1952, which made
significant departures from the earlier Act.11

On April 1, 1960, a Bill was introduced in the Lok Sabha to consolidate and amend
the law relating to contempt of court. Observing the law on the subject to be
“uncertain, undefined and unsatisfactory”, and in the light of the constitutional
changes in the country, the Government, to scrutinize the law on the subject and to
further study the said bill, appointed a special committee in 1961, under the
Chairmanship of Shri H.N. Sanyal, the then Additional Solicitor General of India.
The Sanyal Committee examined the law relating to contempt of courts in general,

9
(1914) I.L.R. 41 Cal. 173
10
(1879) ILR 4 Cal 655
11
Nair, K.B., Law of Contempt of Court in India, Atlantic Publishers & Dist (2003).

21
 and the law relating to the procedure for contempt proceedings including the
punishment thereof in particular.12

12
Spadika Jayaraj, Judicial Accountability and Contempt of Court: Comparing India with U.K., the U.S.A. and
Singapore, 1.1 CALQ (2013).

22
 The Contempt of Courts Act, 1971

Constitutional power to punish for contempt

Articles 129 and 215 of the Constitution authorise the Supreme Court and High
Court, as “courts of record,” to penalise for contempt of themselves. While the term
“Court of Record” is not defined in the Constitution, it is widely understood in the
legal world to refer to a court whose acts and judicial procedures are enrolled for
“perpetual memorial and witness,” and the court also has the power to punish
contempt of itself summarily.
The Act merely specifies the mechanism for investigating and punishing contempt. 13
Despite the fact that the Constitution guarantees freedom of speech and expression, 14
contempt of court is one of the exceptions to this right.15
Such a right is necessary to ensure that the administration of justice is not hampered
and that people do not lose faith in the judiciary as a result of slanderous remarks
made about it.16 Contempt of court is a serious matter that jeopardises the
administration of justice as well as the dignity and authority of judicial institutions.
The purpose of the law governing contempts of court is to preserve the administration
of justice pure and undefiled.17 The goal of punishing contempt of court is to defend
the process of justice itself, not the dignity of the Court.18
However, we find that the judiciary frequently abuses these powers to protect the
reputations of particular judges when standard defamation procedures would suffice.
Furthermore, when Judges sit in judgement over their own contempt, the foundations
of natural justice are jeopardised.

13
Review of Contempt of Courts Act, 1971, PRS LEGISLATIVE RESEARCH, https://prsindia.org/policy/report-
summaries/review-contempt-courts-act-1971
14
INDIA CONST. art. 19(1)(a).
15
INDIA CONST. art. 19(2).
16
A. Ramalingam v. V. Mahalinga Nadar, AIR 1966 Mad. 21.
17
In Re: Bineet Kumar Singh, AIR 2001 SC 2018.
18
Attorney General v. Times Newspapers, [1973] 3 W.L.R. 298.

23
Types of Contempt

There exists two types of contempt namely civil and criminal contempt. Civil
contempt can be defined as the wilful disobedience of the order, direction or
judgement of the Court of law.19 It is punishable with imprisonment or fine. The
rationale behind civil contempt is to compel compliance with court orders.20

Criminal contempt of Court relates to and includes publication by words, spoken or

written or signs or visual representation which:
i. Scandalises or attempts to lower the authority of the Court
ii. Prejudices, or interferes or tends to interfere with the due course of any
judicial proceeding or
iii. Interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.

The maximum punishment for contempt of Court is imprisonment of 6 months and a

fine upto Rs. 2000. Traditionally, criminal contempts have been characterized as sui
generis.

Defences for Contempt

Civil Contempt:

a. Lack of knowledge. For eg: Certified copy of order not given.

b. Breach accidental or not wilful.
c. Order was vague or ambiguous. For eg: The order can be reasonably
interpreted in more than one manner.
d. Impossible to follow order.

Criminal Contempt:

19
Section 2(b), The Contempt of Courts Act, 1971.
20
D.D. Basu, Commentary on the Constitution of India - Volume 5, Lexis Nexis Butterworths Wadhwa (2009) 2012,
p. 5618

24
a. Innocent publication and distribution of matter. For example if the person
made such a publication did no innocently and did not believe that the matter
was pending in Court.
b. Fair and accurate report of judicial proceedings.
c. Fair criticism of judicial act not contempt. The Act provides that a person
shall not be guilty of contempt of court for publishing any fair comment on
the merits of any case which has been heard and finally decided.
d. Bona fide Complaint against presiding officers of subordinate courts.
e. Publication of information relating to proceeding in chambers or in camera
not contempt except in certain cases.

25
 Development of Contempt in India

In the case of Arundhati Roy21, the Respondent had published an article critiquing an earlier
judgment of the Supreme Court permitting the increase in the heigh in the dam. Subsequent to
this publication, there were protests held outside the Supreme Court premises by the Narmada
Bachao Andolan and the Respondent, which in turn led them to initiate suo-moto contempt
proceedings against the Respondent for the dissent and protest.

The Court concluded that freedom of expression in India is not absolute, and that the exception
to such freedom is contempt of a court that attempts to retain trust in and uphold the integrity of
the judiciary. Furthermore, the Court determined that Roy’s words were not made in good faith
or in the public interest, and thus could not be considered legitimate judicial criticism. She was
found guilty of criminal contempt and sentenced to one day in jail and a Rs. 2000 fine.

In the Prashant Bhushan22 case, the Supreme Court initiated suo-moto contempt proceedings
against lawyer Prashant Bhushan who had posted on social media website ‘Twitter’, a comment
against the then Chief Justice of India riding an expensive Harley-Davidson motorcycle
belonging to a ruling party leader and another critiquing the Supreme Court’s role in destroying
democracy in India. These comments were viewed by the Court as a ’malicious, scurrilous,
calculated attack’ on the institution of administration of justice. The Court found him guilty of
criminal contempt and imposed a fine of Rs. 1 instead of a severe punishment. However, this
decision received nationwide flak for thwarting the freedom of free speech and expression.

In the Justice Karnan23 case, Justice Karnan had levelled several allegations against various
Judges of the Supreme Court and Madras High Court without any basis as a result of which the
Court initiated suo-moto contempt proceedings against him. These statements made by Judge
C.S. Karnan were held to lack any bona fide intentions. The statements were held by the
Supreme Court to dishonour and lower the authority of the Court and shake the conscience of the

21
(2002) 3 SCC 343.
22
(2020) 16 SCC 333
23
2017 SCC Online SC 342

26
citizens of India in the judiciary. Justice Karnan was found guilty of criminal contempt and
sentenced to 6 months of imprisonment.

27
 Contempt in the United States, an Analysis

Section 17 of the Judiciary Act of 1789 vested U.S. courts with the power “to punish by fine or
imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing
before the same.”

Under English common law, courts were expected to have the right to punish persons who
demonstrated contempt for their authority on the grounds that such contempts were contempts of
the monarch. Individuals charged with civil contempt in the United States are those who refuse
to do something that a court has ordered for the benefit of another party. Following the order
typically resolves the issue at hand. Criminal contempt entails infringing on the dignity of the
court, which is more likely to raise First Amendment concerns.

In 1827, James H. Peck, a judge on the United States Federal District Court for the District of
Missouri, found an individual in contempt for responding to a decision that Peck had published
concerning land claims through the newspapers, demonstrating how the criminal contempt power
can conflict with the First Amendment freedoms of speech and press.

Peck was impeached by the House of Representatives, but the Senate did not convict him.

However, as a result of this episode, Congress passed a legislation in 1831 limiting the Court’s
ability to punish contempts to conduct occurring “in the immediate presence of the courts” or “so
near thereto as to obstruct the administration of justice.” In Ex parte Robinson, 24 the Supreme
Court affirmed the law, limiting contempt penalties to jail time or fines.

According to recent precedent, courts can only issue contempt citations for criticism directed at
their decisions if they are required to avert a "clear and present risk" of substantive harms.

Declarations made in court are more likely to involve activity than plain speech, and they pose a
more obvious threat to courtroom decorum than statements made outside of court. At the same
time, they must be balanced against attorneys' obligations to aggressively argue for their clients.

24
Ex Parte Robinson, 86 U.S. 513 (1873).

28
United States law traditionally regards freedom of speech, as enshrined in the First Amendment,
as the paramount right that prevails over all others in case of conflict unless there is a clear and
present danger that will bring about the substantive evils that Congress has a right to prevent.25

25
Schenck v. United States, 249 US 47 (1919).

29
 Contempt in the United Kingdom, an Analysis

While the offence of scandalising the Court from common law, there have been no convictions
for this offence in England since 1931. 26 Contempt through scandalising the court can be traced
all the way back to the year 1765. The judiciary proceeded against Almon in a summary trial for
libel against a judge in King v. Almon.27 In typical libel trials, a jury was present. The case was
taken to the Supreme Court. Justice Wilmot ruled in favour of a summary trial, arguing that libel
against a judge operating in his official capacity has a different penalty. As a result of
scandalising the court, contempt of court was founded.

Around a hundred years later, Lord Morris was on the Bench to decide the case McLeod v. St.
Aubin.28 It was regarding a newspaper article in circulation in the then colony of Trinidad and
Tobago. A newspaper called The Federalist ran an article which said that the island of St.
Vincent suffered from “maladministration of justice”. It went on to say that one of the Judges,
Justice St. Aubyn, was “reducing the status of the judiciary to that of a clown”. According to the
article, the Judge "hob-nobs with two or three of the barristers, winks at them in court, and in the
trial of cases he has tossed to the winds the customary norms of fairness and fair play which
require a judge to maintain the scales of justice even amongst parties." The Judge even stated
that committals for contempt by scandalising have become outmoded. Furthermore, he stated
that Courts must leave disparaging or scandalous comments about the judiciary to the public.
The distributor of the newspaper was charged with contempt in the aforementioned case.

The last-known conviction for this brand of contempt in England was the case R v. Colsey. In
this case, the editor of Truth magazine was charged with contempt of court for publishing an
article that stated, “Lord Justice Sleaser, who can hardly be said to be unbiased about legislation
of this type, maintained that it really was a very nice provisional order, or as good a one as can
be expected in this valley of tears.” Lord Justice Sleaser served as Attorney General in a past
Labour Party-led government that backed the aforementioned laws. This decision was heavily

26
U.K. Law Commission Consultation Paper No. 207 : Contempt of Court-Scandalising the Court.
27
King v. Almon, [243 K.B. 1765]
28
McLeod v. St. Aubin. [1899] A.C. 549.

30
panned for oversimplifying the doctrine of contempt by scandalising too much. However, no
convictions were obtained in England as a result of this.

31
 Recommendations

To begin, I feel that the mens rea requirement should include purpose or recklessness. The
interruption should not have to have a likely or intentional effect on the administration of justice.

Second, when insulting a judge does not disrupt the proceedings, there should be no offence.
Furthermore, the proposed offence of disturbing proceedings should be broad in form; distinct
sorts of disruption should constitute specific modes of committing this violation without the
prospect of a prosecution failing for duplicity.

The border between civil and criminal contempt is very thin and often hazy. When the contempt
consists only in failing to comply with or carry out a court order issued for the advantage of a
private party, it is clearly civil contempt. However, if the contemnor adds defiance of the court to
disobedience of the order and conducts himself in a manner that amounts to abstraction or
interference with the courts of justice, the contempt committed by him is of a mixed nature,
sharing the nature of civil contempt between him and his opponent.

32
 Conclusion

Articles 129 and 215 of the Indian Constitution designate the Supreme Court and the High
Courts as “courts of record.” This indicates that they are endowed with the ability to punish for
contempt. As a result, the provisions of the Contempt of Court Act cannot limit these Courts’
ability to penalise for contempt, as this authority is derived from the Constitution itself.

The use of contempt of court as a deterrent to criticism should be prohibited. In today’s world, it
is more crucial than ever that courts are seen to be concerned about accountability, that
allegations are dealt with impartially rather than with threats of contempt action, and that
processes are transparent. Furthermore, the judiciary has frequently invoked contempt powers to
penalise attacks on their personal character, despite the fact that this is obviously outside the
scope of this violation.

By condemning newspaper editors, activists, and journalists for contempt for expressing their
thoughts or publishing their findings, the judiciary not only undervalues the public’s
discretionary powers, but also loses accountability. The judiciary is a public institution as well,
and it is just as necessary, if not more, for the public to not just trust, but also to analyse and
criticise it without fear of prosecution. I believe it is past time for India to follow the lead of the
United States and the United Kingdom in emphasising free expression and judicial
accountability, as every mature democracy must.

33
 Bibliography

Legal Resources

 SCC Online
 Manupatra
 Hein Online

Legislations

 The Contempt of Courts Act, 1971

 The Advocate’s Act, 1961

Articles

 Spadika Jayaraj, Judicial Accountability and Contempt of Court : Comparing India with
U.K., the U.S.A. and Singapore, 1.1 CALQ (2013).
 Rao, P. and Tiwari, A.K., Laws Relating to Contempt of Court, RESEARCH JOURNAL
OF HUMANITIES AND SOCIAL SCIENCEs, 12(2), 128-130 (2021).
 Nair, K.B., Law of Contempt of Court in India, ATLANTIC PUBLISHERS & DIST
(2003).
 Levinson, S., Contempt of Court: The Most Important Contemporary Challenge to
Judging, 49 WASH. & LEE L. REV., 339 (1992).
 Mriganka Shekhar Dutta & Amba Uttara Kak, Contempt of Court: Finding the Limit,
(2009) 2 NUJS L Rev 55.

Books

 D.D. Basu, Commentary on the Constitution of India - Volume 5, Lexis Nexis

Butterworths Wadhwa (2009)
 Nair, K.B., Law of Contempt of Court in India, Atlantic Publishers & Dist (2003).

34
 Question 3

iii) “A lawyer owes a duty to be fair not only to his client but also to the court as well as
to the opposite party in the conduct of the case.”
In light of the above statement, examine and critically evaluate the duties of a
lawyer towards the court and the opposite party in light of their conduct and
behaviour towards the court. Substantiate your opinions and views with relevant
examples and provide suggestions on what practices can be adopted to improve the
bar bench relationship?

Introduction

To practise, all advocates must be admitted to the Bar of their respective state or country.
When they are admitted to the Bar, advocates are obligated to follow the ethical
regulations of their jurisdiction. These guidelines are often established by a country’s top
legal authority. The Bar Council of India is in charge of determining the guidelines for an
advocate's conduct in India. Law is seen as a respectable profession. It cannot be
compared to any other occupation, such as trade or business, because it aids in the
administration of justice. The bar and bench are regarded as the “Justice’s’ two eyes”.
Such dignity, however, can only be maintained if the people who represent the profession
adhere to and observe a set of professional rules. It is referred to as legal ethics or legal
profession ethics.
The fundamentals of the legal ethics, may be defined as code of conduct written or
unwritten for regulating the behavior of a practicing lawyer towards himself, his client his
adversary in law and towards the court. This conduct is required to be followed by the
advocate not out of any contractual or legal obligation, but a moral one.

35
 Professional Ethics in India

The Supreme Court of Calcutta was established and legal practise was recognised by the
Regulating Act of 1773. Later that year, in 1793, the Bengal Regulation Act was passed,
with the primary purpose of regulating and managing the recruitment and conduct of
legal practitioners in the company's courts. There were Barristers, Mukhtars, Vakils, and
other types of legal practitioners back then. After 1850, graduate education began, and in
1853, the Act of 1853 outlawed the recruitment of pleaders and mukhtars without a
certificate, arguing that the number of graduates was sufficient.

Thereafter, ‘The Legal Practitioners Act, 1879’ was enacted, which enlarged the rights of
advocates, vakils and attorneys of High Courts. In 1923, the British government
appointed an Indian Bar Committee which made several recommendations for the
establishment of Indian bar and to remove several defects in legal professions. As a result
of these recommendations, The Bar Councils Act, 1926 came to be passed. However, this
Act adopted only some of the recommendations of the committee. It did not establish an
all India Bar Council. It did not extend to entire India. In the same year another act
names ‘The Legal Practitioners Act, 1879’ was passed regulating the rights and liabilities
of legal practitioners.29
In 1953, the Indian government established the ‘All India Bar Committee’ following
independence. This committee reviewed several submissions and, after careful
consideration, presented certain recommendations to the Government of India.
Parliament passed ‘The Advocates Act, 1961’ as a result of the report provided by the
‘All India Bar Committee.’ Now Professional ethics is governed by ‘The Advocates Act,
1961’ and ‘Bar Council of India’.30

Dr. Kailash Rai, Legal Ethics: Accountability for lawyers and Bench – Bar Relations (2017).
29

Shankar, G. and Kak, A.U., Litigation versus Non-Litigation: Practice of Law under the Advocates Act, NUJS L.
30

Rev., 3, 299 (2010).

36
 The Role of the Bar Council of India

The Bar Council establishes specific norms that must be followed by all members who
work as legal professionals. If there is a violation of the regulations, the advocate will
face disciplinary action. It also addresses the primary goal of the legal profession, the
canons of professional ethics that a lawyer must follow in carrying out his professional
duties.31
The professional standards that advocates must uphold are outlined in Chapter II, Part VI
of the Bar Council of India Rules. These Rules are mandated by Section 49(1)(c) of the
Advocates Act of 1961.

The Role of The Advocates Act, 1961

The Advocates Act of 1961 plays a crucial role in supplementing the Bar Council Rules
in guiding the behaviour of the advocates that have been enrolled under the Act. The Act
provides for the power of the Bar Council of India or the State Bar Council’s to punish
the Advocates for ‘professional misconduct’.32 The Bar Council of India is empowered to
frame rules and standards for professional misconduct.33
Although the term “professional misconduct” is not defined under the Act, it refers to an
advocate’s improper behaviour or neglect of duty. If an advocate is discovered to have
committed such misconduct, they may be reprimanded, suspended, or even have their
licence revoked. This helps in ensuring that advocates maintain their duties towards the
Court, clients as well as their adversaries. 34

31
Matwa, R., The Duties of an Advocate to Court Clients and the Public with Particular Reference to Legal
Profession in India, NJA LJ, 4, 39 (2010).

32
Section 35, Advocates Act, 1961.
33
Section 49, Advocates Act, 1961.
34
Matwa, R., The Duties of an Advocate to Court Clients and the Public with Particular Reference to Legal
Profession in India, NJA LJ, 4, 39 (2010).

37
 Duties of Advocate

An advocate owes a moral commitment to himself, the Court, his client, and his
opponent. The Advocates Act and the Bar Council Rules both provide such a
requirement.

Duties towards Court

An Advocate is regarded as a Court officer tasked with assisting the Judges in the
administration of justice. To help the Judges, advocates must adhere to specific standards
of professional conduct and decorum in Court. The Bar Council of India Rules, Chapter
II, Part IV, detail the numerous duties that an Advocate owes to the Court. The following
are the responsibilities:

i. Act in a Dignified Manner – Behaving dignifiedly in front of the Court.

Furthermore, where there is a valid grounds to file a serious complaint against a
judicial official, the advocate has the right and duty to file the complaint with the
appropriate authorities. For example, complaints about Advocates, the Bar
Council of India, State Bar Councils, and Notary/Government Counsels must be
directed to the Department of Legal Affairs.

ii. Respect the court – An advocate should always treat the court with respect.
Advocates have duties to the court which are intended to ensure that lawyers
avoid conduct that undermines the integrity of the adjudicative process.

iii. Not communicate in private – Not communicating in private to a Judge about any
case pending before the judge or any other judge. Advocates should not try to

38
 influence the Court’s decision about a matter using any illegal or improper means.
For eg. Bribe, coercion etc.

iv. Refuse to act in an illegal manner towards the opposition – An advocate should
refuse to act improperly or illegally toward opposing counsel or parties. He must
also utilise his best endeavours to restrict and prevent his client from acting
illegally, improperly, or unfairly toward the judiciary, opposing counsel, or
opposing parties in any matter.

v. Refuse to represent clients who insist on unfair means – Any client who insists on
utilising unfair or improper techniques will be refused representation by an
advocate. In such cases, an advocate must disregard his own judgement. He will
not mindlessly follow the client's directions. In correspondence and during
courtroom arguments, he must use dignified language. During pleadings, he shall
not scandalously harm the parties’ reputations on false grounds. During court
proceedings, he will not use unparliamentary words.

vi. Appear in proper dress code – Appearing in a presentable manner in Court. While
in Court, an advocate has to wear appropriate clothing that has been specified to
be worn in Court.

vii. Refuse to appear in front of relations – An advocate should not enter appearance,
act, plead or practice in any way before a judicial authority if the sole or any
member of the bench is related to the advocate as father, grandfather, son,
grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter,
sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law
daughter-in-law or sister-in-law.

39
 viii. Not to wear bands or gowns in public places – An advocate should not wear
bands or gowns in public places other than in courts, except on such ceremonial
occasions and at such places as the Bar Council of India or as the court may
prescribe.

ix. Not represent establishments of which he is a member – If an advocate is a part of

the institution’s management, he should not appear in or before any judicial body
on behalf of or against the establishment. This rule does not apply to members
who appear on behalf of the Bar Council, Incorporated Law Society, or a Bar
Association as “amicus curiae” or without a fee.

x. Not appear in matters of pecuniary interest – In any situation in which he has a

pecuniary stake, an advocate should not act or plead. He should not, for example,
participate in a bankruptcy petition if he is also a creditor of the bankrupt. He
should likewise refuse to take a brief from a corporation where he is a director.

xi. Not stand as surety for client – An advocate should not stand as a surety, or
certify the soundness of a surety that his client requires for the purpose of any
legal proceedings.

Duties towards Adversaries

In a Court of Law, both opposing advocates strive to safeguard their clients' interests to
the best of their abilities. However, such opposition should not lead to animosity among
the Advocates, but rather to healthy competition. An advocate must always attempt to
persuade the court using the law and precedents. He must be able to use law and
precedent to overcome his opponent's advocate. There must always be healthy

40
 competition between an advocate and his opponent for this aim. An advocate owes a duty
to the opposing attorney and his or her clients. Among the responsibilities are:

i. Not to negotiate with opposing party – An advocate shall not in any way
communicate or negotiate or call for settlement upon the subject matter of
controversy with any party represented by an advocate except through the
advocate representing the parties.35
ii. Carrying out of legitimate promises – An advocate shall do his best to carry out
all legitimate promises made to the opposite party even though not reduced to
writing or enforceable under the rules of the Court.36

35
Rule 34, Chapter II, Part VI, Bar Council of India Rules, 1975.
36
Rule 35, Chapter II, Part VI, Bar Council of India Rules, 1975.

41
 Development of Duties Through Jurisprudence

In State of Maharashtra v. Perspective Publications (P) Ltd37, there are at least ten
Supreme Court decisions outlining when and how the power to penalise for criminal
contempt must be used. The said case has been cited by Courts on several occasions
because it helped establish the test that helps determine that this power, i.e. to punish
for contempt, must be exercised with caution in exceptional cases, not to teach
anyone a lesson, but to uphold the majesty of law and the dignity of any court of law.
A similar point of view has already been expressed in the case of Keshav Singh v.
Speaker.

In P.D. Gupta v. Ram Murthi & Ors.38, the importance of the interaction between the
Bar and the Bench in the administration of justice was stressed. The Court held that
an advocate must be fair not only to his client, but also to the court and the opposing
party in a case. The administration of justice must be kept clean and untainted. The
administration of justice is concerned not only with the Bench, but also with the Bar.

An Advocate’s major role is to present the case in court by informing the court about
the law and the facts of the case, and to assist the court in reaching a decision at the
end of the case.

Suggestions for Improving the Bar and Bench Relationship

The Bar and the Bench are the two most essential organs in the administration of
justice; they have a common obligation in ensuring that justice is administered
properly and effectively. Given that both are national assets of our country, they must
communicate and collaborate with one another, as well as be vigilant together, in
order to protect judicial independence.

37
1971 AIR SC 221
38
AIR 1998 SCC 283.

42
To maintain the country’s system of democracy and independence under the rule of
law, a reputable and unbiased court, as well as a powerful bar, are essential.
Furthermore, the lawyers must have the sense that they had a fair court hearing and
that their concerns would be addressed by an unbiased and reputable counsel, among
other factors.

The high degree of optimism, prestige, and dignity that they have admired throughout
their careers must be maintained and not compromised in any way for the court's
productive fulfilment of its tasks. Whether they are judges or lawyers, they have the
primary responsibility of managing the courts and maintaining the public's trust in
them.

43
 Conclusion

The Bar and the Bench are the two most essential organs in the administration of
justice; they have a common obligation in ensuring that justice is administered
properly and effectively. Given that both are national assets of our country, they must
communicate and collaborate with one another, as well as be vigilant together, in
order to protect judicial independence.

An autonomous and fearless Bar is not favoured over an independent Bench, and an
independent Bench is not preferred over an independent and fearless Bar; neither is
preferable to the other, and both are necessary for a free society. Ordinary citizens
have faith and trust in the country’s justice system. Both the Bench and the Bar have
a responsibility to protect and strengthen the rule of law via their dedication and
behaviour.

44
 Bibliography

Legal Resources

 SCC Online
 Manupatra
 Hein Online

Legislations

 Bar Council of India Rules

 The Advocate’s Act, 1961

Internet Articles

 Sanjana Jain, Bar and Bench : the everlasting relation, IPLEADERS, (16
Nov., 2020) https://blog.ipleaders.in/bar-and-bench-the-everlasting-relation/
 Shankar, G. and Kak, A.U., Litigation versus Non-Litigation: Practice of Law
under the Advocates Act, NUJS L. REV., 3, 299 (2010).
 Matwa, R., The Duties of an Advocate to Court Clients and the Public with
Particular Reference to Legal Profession in India, NJA LJ, 4, 39 (2010).
 Dutt-Majumdar, N., Conduct of Advocates & Legal Profession: Short History,
EASTERN LAW HOUSE (1974).
 Ramachandran, V.G., Advocates Act and Professional Ethics, JSTOR (1977).

45