Paper - II : Professional Ethics and Professional Accounting System

Unit-I

1 Historical Introduction to Legal Profesion in India : Development of Legal

Profession in India
2) Privileges and Rights of Legal Profession, Importance, Distinction from other
Professions and Business.
3) Admission and Enrolment of Advocates, Privileges and Rights to practice of
Advocate
4) Composition of State Bar Council and its Powers and Functions.Constitution
of DisciplinaryCommittee, Powers, Receipt of Complaint, Disposal and
Punishment.
5) Bar Council of India : Composition, Functions and Powers of Bar Council
of India
6) Conducts of Advocates : Meaning and Scope of Professional and Other
Misconducts
7) Constitution and powers of Disciplinary Committee
8) Punishment of Advocate for misconduct
9) Disciplinary powers of Bar Council of India
10) Disposal of disciplinary proceedings
11) Powers of Review, Revision and Appeal
12) Right to Appeal to the Supreme Court

Unit-II

13) Professional Ethics of Lawyers

14) Duties of Advocates, Duty to Public and State
15) Duties towards Courts
16) Duties towards Clients
17) Duties to render Legal Aid
18) Duties towards Opponent, Colleagues and other Residual Duties
19) Conflicts between interest and duty Bench-Bar Relationship and Lawyers'
Strike
20) The Contempt of Courts Act, 1971 : Meaning of Contempt, Categories of
Contempt, Constitutional Validity of the Contempt of Courts Act, 1971
Constitutional Provisions Regarding Powers of the Supreme Court and the High
Courts Houses of Parliament of State Legislatives for Punishing for their
Contents
21) Nature, Scope and Salient features of the Legal Service Authorities Act,
1987.

Paper – II : Professional Ethics and Professional Accounting System

Unit-I
1) Historical Introduction to Legal Profesion in India : Development of
Legal Profession in India.

Introduction

The legal profession is an important branch of the administration of justice

mechanism. Without a well-organized legal profession, the courts would not be
in a position to administer justice effectively, as the evidence for or against the
parties to a lawsuit cannot be adequately gathered, the facts cannot be
adequately expressed, and the best legal arguments in support of or against the
case of the parties cannot be presented in court. Although it has a federal
structure, the distinctive character of India according to Constitution has an
effect on the country to have a merged bar. The pre-constitutional legal
framework had to go through a modification in the scene of the struggle of the
people of India to achieve their liberation from the colonial rulers and the
eventual takeover of a Democratic-Republican Constitution.

The Indian legal profession is one of the most widespread in the world, with
more than 1.4 million registered lawyers across the country. The approximate
total value of the Indian legal market as of 2020 was approximately USD 1.25
billion. The legal profession, which developed out of colonial India, has seen
great variation since its independence. The hard work of the members of the bar
to achieve excellence in all areas of their practice through rigid competition is
not only evident in each of their confrontations with new challenges due to
technological and other growth, but also in the recognition received by them in
the world. Historically, members of the bar association have offered guidance
both nationally and internationally. Today the possibilities are much greater.

History of the legal profession in India

The history of the legal profession in India can be traced back to the
establishment of the First British Court in Bombay in the year 1672 by the
respective Governor Aungier. Admissions of attorneys were placed in the hands
of the Governor in Council and not in Court. Before the establishment of the
Greater Courts in 1726 in Madras and Calcutta, there were no legal experts in
India. There was no established legal profession until the establishment of the
Mayor’s Court. Lawyers lacked legal training, and some of the mayor’s court
officials were dismissed servants of the British East India Company. There were
some years that played an important role in the creation of courts in India.

The legal profession in ancient India

In ancient India, people lived in small groups. The heads of these groups or
tribes pronounced justice in public before all members. Arguments were
presented openly. In those days, there were no specialists like lawyers. When
kings established themselves in society, they dispensed justice. At the royal
court, the king was advised by his advisors. The law of those days had its roots
in Hindu religion and customs. Dharma was protected by the king. Though there
were no bar associations, some intellectuals ensured justice. From the stories
of Maryada and Vikramaditya, who were the sage who solved the critical cases
of those days. In those days, justice was administered by administrators. For a
time, religious leaders dominated society in the administration of justice. In
those days, the victim filed a complaint with the king and later the court
summoned the accused to present his response. The court then investigated the
matter based on the evidence. The king followed the advice of the religious
leaders and wise courtiers and then passed his sentence.

The legal profession in medieval India

During the medieval period, there has been no group of the criminal profession.
But each event to the litigation called their Vakils. This frame comes to a
decision the case and that they have been paid a percentage of the quantity of
the claim. The Court has the authority to determine who needs to be allowed to
seem as Vakils. They act as agents for the directors, however now no longer as
attorneys. The identical device persevered in northern India even beneath neath
the guideline of thumb of the East India Company.

I. DEVELOPMENT OF LEGAL PROFESSION IN INDIA

The term legal profession includes all those categories of persons who use
technical, legal knowledge and skills in the course of performing there occupational
role and duties.
Ancient India :

The profession of law has been recognized as a profession of high calling and
the noblest order from the time of immortal.
1. In ancient India law was understood as a part of DARMA.
2. In the two epics RAMAYANA and MAHABHARATHA contains the legal
processes in ancient India.
3. Vedas are the original source of law.
4. Smurtis are the legal base.
5. Kautilya’s Arthasastra and Chalukya’s separate law system remembers the
ancient legal system in India.

Medieval era :

1. There was less scope compare to the ancient days.

2. Most of the issues settled outside the courts.
3. Vakils, panchas are the major law deciders.

British regime :

1. British established the first British court at Bombay in 1672 by the governor
general Aungier.
2. For making their administration Strong, they established Supreme court at
Calcutta in 1773 and appointed many advocates.
3. They passed many acts as follows :
 Charter act 1762
 Charter act 1774
 Legal practitioner act 1846
 Legal practitioner act 1853
 Legal practitioner act 1863
 Legal practitioner act 1879
 Indian BAR Council act 1926.

After Independence :

1. The constitution of India came into existence on 25 jan 1950.

2. All India bar committee was established in 1951.
3. Advocate act was passed in 1961.
4. And other various law reforms.
2) Privileges and Rights of Legal Profession, Importance, Distinction
from other Professions and Business.
Advocates are considered pillars of the legal system in any country, they are the
protectors of legal rights and law. Advocates’ rights are protected under section
2(a) of the Advocates Act of 1961. Initially, there were different categories of
legal representations such as lawyers, wakeels, advocates, etc. but the
Advocates Act, 1961 abolished such categories and recognized only one
category of Advocates.

Rights of Advocates:
As per the Advocates Act of 1954, Advocates are given the following right:

 Right to Freedom of Speech and Expression

 Right to practice and audience
 Right for Welfare Fund
 Right of Fee
 Right to practice the profession
 Right to enter any court
 Right against arrest
1. Right to Freedom of Speech and Expression: According to Article
19(1)(a) of the Indian Constitution, the right to freedom of speech is
provided to all the citizens of India. There is no need for an advocate to
fear the police and other legislators. However, he must know his limits
and maintain integrity. An advocate must not hurt the religious
sentiments of people and must speak in a decent and acceptable
language.
2. Right to practice and audience:
An advocate has the complete right to represent his client in court and even
claim an audience in court. About Section 30 of the Advocates Act, all the
advocates whose names are entered in the State Roll can be entitled to the right
to Practise within the territory:

 Supreme court and other courts in that area

 Before any person takes the evidence illegally
 Before the authority or any person who the advocate by the law for the
first time is being enforced to practice.
 Right for Welfare Fund:
As per section (15) of the Andhra Pradesh Advocates Welfare Fund Act, 1987,
every advocate who is practicing in any court in the State can become a member
of the Welfare Fund.

 Right of Fee
As per Rule (11) of the chapter (II) of Part (VI) of the Bar Council of India
Rules, an advocate has a right and can demand a fee consistent with his standing
at the bar.

 Right to practice profession:

Advocates are given the privilege to practice their profession, but there are two
categories in which they are allowed to do so: General Protection and Specific
Protection. When we say General protection, it comes under Article 19 (1)(g) of
the Indian Constitution, which states that every individual has the right to
practice any type of profession to maintain his occupation and business.
Specific Protection is granted under section 30 of the Advocates Act 1961.

 Right to enter any court:

Advocates have all the rights to enter any court; they can even practice in
whichever court they want to. This right has been provided by Section 30 of the
Advocates Act, 1961. He can even enter the Supreme Court. He can sit and
listen to the proceedings regardless of the case.

 Right against Arrest:

As per Section 135 of the Civil Procedure Code, any advocate cannot be
arrested in any circumstances. He cannot be arrested under the civil process if
he is going, coming, or presiding in the court.

To under the case better and gather evidence, an advocate can meet the accused
anytime. He can even meet the accused every day if required, however, the time
duration will be limited and the advocate must adhere to basic rules.

An advocate cannot be stopped from speaking; he must follow decency while

approaching and must not disregard the court premises.

Privileges of Advocates:
1. Exemption from arrest:
According to section 135(2) of the Civil Procedure Code, 1908, an advocate
cannot be arrested especially in civil cases, this includes if he is going or
attending court and returning from the court. Even during the proceedings
happening in the court. Anyhow, this privilege is not applicable in terms of
criminal cases or contempt of court.
1. Privilege related to Vakaalatnama:
When a client agrees and signs a Vakaalatnama referring to the advocate then
the advocate is entitled to represent this particular client in that case. No other
advocate can represent the case without the permission of the advocate
mentioned in the vakaalatnama.

1. Privilege to review the parliamentary bill for remuneration:

All the Advocates have the privilege to review parliamentary bills; they are
even allowed to give suggestions for amendments.

 The privilege of meeting accused in jail:

Meeting the accused in jail is a special privilege given to the advocates of India.
He can visit the accused whenever he wishes to.

3) a Admission and Enrolment of Advocates, b Privileges and c Rights to

practice of Advocate

a. The Advocates Act, 1961: The Legal Framework

on Admission and Enrolment of Advocates in
India
The admission and enrolment of advocates in India are primarily governed by the
Advocates Act of 1961. This legislation sets out the rules and regulations that govern
the legal profession in India and establishes the framework for becoming a practising
advocate.

Under the Advocates Act, the Bar Council of India (BCI) and the State Bar Councils are
responsible for overseeing the admission and enrolment of advocates. The BCI is the
apex regulatory body for the legal profession in India and lays down the standards
for legal education and professional conduct. Each state in India has its own State Bar
Council, responsible for enrolling advocates within its jurisdiction.
General Rules on Admission and Enrolment of
Advocates in India
The admission and enrolment of advocates in India are regulated by the Advocates
Act of 1961, specifically Sections 16 to 28. Under Section 16 of the Advocates Act,
advocates are classified into two categories: Senior Advocates and Other Advocates.

Senior Advocate designation is granted by the Supreme Court or a High Court when
they believe that an advocate’s legal expertise, reputation at the Bar or unique
knowledge warrant such recognition, with the advocate’s consent. This honour
comes with significant responsibilities, as senior advocates are expected to set an
example for younger members of the profession.

The procedures for designating an advocate as a Senior Advocate in the Supreme

Court and their practice restrictions can be found in Order-iv, Rule-2 of the Supreme
Court Rules, 1966. Each High Court has its own processes for appointing Senior
Advocates. The Bar Council of India imposes certain restrictions on Senior Advocates,
including:

 Senior Advocates may not file vakalatanamas, memoranda of presence,

pleadings or applications in any court, tribunal or authority.
 In the Supreme Court, Senior Advocates cannot appear in court without an
Advocate on Record.
 In High Courts, Senior Advocates must be accompanied by an Advocate from
the state roll.
 They cannot undertake drafting activities for pleadings, affidavits or any
similar tasks.
 They are not allowed to engage in conveyancing work of any kind.
 Senior Advocates cannot directly accept cases or instructions to appear in
courts or tribunals.
When an advocate is recognised as a Senior Advocate, the registrar of the respective
Supreme Court or High Court must notify all relevant High Courts, the secretary of
the State Bar Council and the Bar Council of India, including the advocate’s name and
the date of recognition.

Eligibility Criteria for Admission as an Advocate

The Advocates Act, 1961 and its associated rules define the eligibility criteria for
individuals seeking admission and enrolment as advocates in India. These eligibility
criteria include the following:

Citizenship: The applicant must be a citizen of India. This requirement ensures that
only Indian nationals are eligible to practice law in the country.
Age: The applicant must have attained the age of 21 years. There is no upper age
limit for admission as an advocate, as affirmed by the Supreme Court in the case
of Indian Council of Legal Aid and Advice vs. Bar Council of India (AIR 1995
Supreme Court 691).

Educational Qualifications: To be eligible for admission, an applicant must possess

a law degree from a recognised university. The law degree can be obtained through
various routes:

a) Completing a 3-year law course after graduation (regular university studies).

b) Completing a 5-year integrated law course after 10+2.

c) Completing a law degree from a foreign university recognised by the Bar Council
of India.

Additional Conditions: Applicants must meet any other conditions specified by the
State Bar Council through their rules.

Enrolment Fee: Applicants are required to pay an enrolment fee to both the State
Bar Council and the Bar Council of India.

Roll of Advocates
Every State Bar Council is mandated by Section 17 of the Advocates Act to maintain a
roll of advocates. This roll is divided into two sections, with the first section
containing the list of Senior Advocates and the second section comprising Other
Advocates. In cases where multiple advocates are enrolled on the same day, their
names are arranged based on their seniority by age.

An individual cannot be enrolled as an advocate with more than one Bar Council.
However, someone whose name is already enrolled in one state’s roll may apply to
the Bar Council of India for a transfer to another state’s roll, subject to reasonable
grounds and the absence of pending disciplinary proceedings. The State Bar Council
is responsible for transmitting authorised copies of the Advocates Roll when new
advocates are added or names are removed.

Certificate of Enrolment
Section 22 of the Advocates Act requires the State Bar Council to provide a certificate
of enrolment in the prescribed format to any individual whose name is included in
the roll of advocates maintained by that council. Advocates listed on the state roll
must promptly inform the concerned State Bar Council of any changes in their place
of business or permanent residence within 90 days.
Exceptions and Special Provisions on Admission and
Enrolment of Advocates in India
The Advocates Act, 1961, also includes certain exceptions and provisions for
individuals with specific qualifications or experience:

 Vakils and Pleaders: Those who were practising as Vakils, Pleaders or

Mukhtars for at least three years are eligible for admission as advocates.
 Former Public Servants: Individuals who were entitled to practice law but
were in public service on a particular date may still be eligible for admission.
 Qualifications by Experience: The Bar Council of India may specify
qualifications by experience for admission as an advocate.
 Judges: Former judges of any High Court in India may be admitted as
advocates upon retirement.

Conclusion
The admission and enrolment of advocates in India is a well-regulated process
designed to ensure that only qualified individuals with the requisite educational
background and eligibility criteria can practice law.

The Advocates Act, 1961 and the rules set by the Bar Council of India and State Bar
Councils govern this process. Aspiring advocates must fulfil these requirements,
submit their applications and pay the necessary fees to embark on a fulfilling and
challenging career in the legal profession, upholding justice and the rule of law in
India.

b. Rights Of An Advocate
The Advocates act 1961 provides and protects the following rights to an
advocate in India:

Right To Practice (Section 30)

The right to practice in the court is the exclusive right that is given to an
advocate who is enrolled in the Bar Council of India.
Section 30 of the Advocates act provides specific protections for the right
of an advocate to practice in any court or tribunal in India if his name is
registered in the Bar Council list.

Section 30 of the Advocates act 1961 came into force on June 15, 2011. The
Government of India issued a Gazette notification on June 9, 2011, that section
30 of the Advocates act 1961 shall come into force from the date of June 15,
2011.

It was a major step taken by the government to provide the right to an advocate
for the practice. After the enforcement of this section, now an Indian advocate
can practice in the Supreme Court, high court, other lower courts, quasi-judicial
courts, tribunals or before any person who has the legal authority to take the
pieces of evidence.

Article 19 (1) (g) of the constitution of India also gives the general protection for
the right to practice in court. Article 19 (1) (g) clearly says that “every person has
the right to practice any profession, trade or business”.

Praveen Pandey Vs State of Madhya Pradesh

The court held in this case that if an advocate has been restricted from doing his
legal work, it will be termed as a violation of his right given under article 19 (1)(g)
of the constitution of India.

Right To Pre -Audience

Section 23 of the advocate Act 1961 deals with the right to pre audience rule.
This rule can be seen as a privilege to an advocate. It is the right of being
heard before another is heard. In simple words, the law provides the right to
advocate who is upper in the hierarchy system.
The advocate hierarchy system in India is as follow:

1. Attorney General
2. Solicitor General
3. Additional Solicitor General
4. Second additional solicitor General
5. Advocate general of the state
6. Senior advocates
7. Other advocates
This is the advocate hierarchy in India. As per the right to pre-audience, the
Attorney General will be the first advocate who can represent his case first in the
court of law before another advocate.

For example, an attorney general is representing his client in a case where a

fresh advocate is representing the opposing party in the case. In this situation,
the Attorney General will be heard first.

This rule also gives a wider sense that an advocate has the right to represent his
client before the court of law and he has the right to speak before an audience
present in the courtroom.

Right To Freedom Of Speech And Expression

An advocate while arguing in litigation cannot be stopped from speaking

unless he violates the terms and rules of the court of law. Article 19 (1) (a)
of the constitution of India gives the right to freedom of speech and
expression. This fundamental right is available to all the citizens of India. Being
an advocate a person can also enjoy the right to speech and expression even in
the court of law.

Right To Enter Any Court And Observe The Proceedings

As per section 30 of the Advocates Act 1961, any person who has enrolled in the
bar council of India can practice in any Court of law in any tribunal. This section
also enables the right of an advocate to enter into any courtroom to observe the
proceedings. The point will not affect whether he was connected to that case or
not. An advocate has the right to enter the Supreme Court to hear any live
proceedings.

Right Against Arrest

An advocate is known as the judicial officer of the court. Section 135 of the civil
procedure code exempt the advocates from rest under civil case while he is:

 Going to the court

 Presiding his case in the court
 Returning from the court
These are the circumstances in which the police cannot arrest an advocate in a
civil matter.

Right To Meet With Accused

When an advocate takes any case in which the accused is in jail, the right to meet
the accused person comes into force. As per law, a person is innocent until
proven guilty. So it becomes important for an advocate to understand the case
properly by meeting his client even in the jail to discuss all the related facts and
evidence of the case which will help an advocate to fight the case in the court of
law.

An advocate can meet the accused even in jail however the meeting in jail will be
limited. It is the right of an advocate to meet his client even every day.

Right To Secure The Privacy Of The Communication

It is an exclusive right of an advocate given by section 129 of the Indian Evidence

Act 1872. According to this section, the advocate has the right to secure the
privacy of the communication with his client. The advocate is not liable to tell
anybody about the discussion done between him and his client related to the
case. Section 129 of the Indian evidence Act 1872 also provides that no person
can threaten an advocate to disclose the communication done between him and
his client.

Right To Take The Fee

Rule 11 of chapter 2 of part VI of bar council of India rules enables an advocate

to take fees from his client. Any advocate who has done something for his client
or gives any service to any client for a person has the right to take a fee from
that person.

Right To Refuse For A Case

It is the right of an advocate that he can refuse to take the case which is dealing
with illegal things.

4.

THE LEGAL PROFESSION AS DISTINGUISHED FROM BUSINESS Dr.

Kishori Lal Assistant Professor Faculty of Law The profession of the lawyer is
a profession and not a business. The profession of law, as developed in England,
was the profession of well-to-do persons, who took to the profession, more as
an act of public service than as a means of earning livelihood. The persons who
became Barristers were generally the sons of well-to-do parents, who did not
have to worry about earning their livelihood and who traditionally looked down
on all forms of trade and the competitive spirit characteristic of such trade. They
were accustomed to regard the profession of law in the same way as they did a
seat in Parliament. The primary purpose was public; gaining livelihood was
incidental. Therefore, the profession of law in India, being influenced by its
counterpart in England, has (- it is hoped-) kept the same traditions and ideals
before it. The fact that law is a profession and not a business, results in a
number of characteristics of the profession, and it also imposes a stringent code
of ethics on the members of the profession. Mr. Justice Williams has ably
distinguished the profession of a lawyer from the business of a trader. The
member of the legal profession is an officer of the Court, whose main purpose is
to assist the Court in administering justice according to law. The various
characteristics of the legal profession which distinguish it from a business are
the following: (i) The law being a profession, and not a business, it is
unbecoming and improper for a lawyer either to advertise himself or to solicit
work. (ii) For that very reason, accepting work from touts is to be totally
shunned. (iii) The law being a profession and the lawyer being an officer of the
Court, though the lawyer is an agent or representative of his client, he cannot
afford to be a tool in the hands of the client. No member of the legal profession
should accept such work which would make him disloyal to the Court or place
him in a compromising position. (iv) Though a lawyer is not a tool in the hands
of his client, yet he is in a position of trust, and he must do everything to protect
the interests of his client according to law. (v) Law being not a business but a
profession, no lawyer should exhibit a spirit of unhealthy competition with his
brother-members of the profession. (vi) Whenever there is a conflict between
his interest and duty, his duty must prevail. For example, if confidential
information gathered from a client on one occasion is likely to be helpful to his
opponent in a subsequent case, it is ethically obligatory on a lawyer not to
accept the engagement offered by the opponent, even though the former client
has not engaged him in the subsequent case. (vii) As the position of the lawyer
is fiduciary, it is his duty to disclose to his client any interest that he might have
in the matter or the fact that the opponent of the client had previously consulted
him. These rules of conduct show how the profession of law is different from
any business or trade, which has the means of livelihood as its sole end. The
conduct of a lawyer, as a member of the profession, is partly determined by
certain enactments like the Legal Practioners Act, the Bombay Pleaders Act, the
Indian Bar Council Act and the Advocates Act, and partly by rules which
constitute what is known as professional ethics. These enactments do not lay
down a comprehensive code of conduct for the guidance of the lawyer. The
propriety of the conduct of the lawyer is also to be determined on the touch-
stone of professional ethics. Legal ethics or professional ethics is that branch of
moral science which deals with the duties which a member of the legal
profession owes to the public, to the Court, to his professional brethren and to
his clients. (A reference may also be made to the topic entitled, "The lawyer's
obligations to other lawyers" discussed later in this Chapter. These obligations
also distinguish the profession of law from a business.)
Admission and Enrolment of Advocates

Admission And Enrollment Of An Advocate

The provisions for admission and enrollment of an advocate are mentioned in

Chapter III of the Advocates Act, 1961. Section 24 of the Advocates Act,
1961[3] provides the qualification and rules. These provisions shall be required
to get admitted as an advocate on the State roll.

A person who wants to enroll as an advocate needs to qualify some

requirements under Advocates Act, 1961. The qualifications are as follows:

1. The person must be a citizen of India

2. The person must complete the age of 21 years.
3. The person must obtain a law degree.
4. The person has to fulfill the other requirements and conditions
specified in the rules made by the State Bar Council.
5. The person has to pay the required stamp duty fees chargeable
under the Indian Stamp Act, 1989 for enrollment. The enrollment
fee is payable to the State Bar Council by Bank Draft was drawn in
favor of the State Bar Council.
After completing the due registration, a person is enrolled with State Bar
Council and allowed to practice as an advocate provisionally for two years.
Within two years, an Advocate enrolled with State Bar Council needs to clear
the All India Bar Examination (AIBE) conducted by the Bar Council of India.
The AIBE is conducted bi-annually (twice a year). The Bar Council of India is
authorized to decide the time and the place to conduct the examination. Once an
advocate clears the AIBE examination, he is entitled to practice before any
court of law in India.

Privileges and Rights to practice of Advocate

Composition of State Bar Council and its Powers and Functions.

Introduction
Bar and Bench is the spinal cord of this legal system. Only a coordinated
activity of these entities can produce a smooth functioning of legal system.
Eminent lawyers at the Bar receive almost the same respect as Judges. And only
the cooperation and unity among lawyers can make this system move forward.

Since the Legislature was already aware of this fact, it enacted the Advocate’s
Act, 1961 (hereinafter as the Act) to regulate the legal profession.

The Act provided for the constitution of Bar Council of India, State Bar
Councils, their powers, enrolment, qualification, disqualification of Advocates
etc.

Structure of State Bar Councils

Section 3 of the Advocates Act mandates that there shall be a Bar Council for
every state, and it shall be called as Bar Council of that state.

As per Section 5 of the Act, every Bar Council shall be a body corporate with
perpetual succession and common seal. It can acquire and hold properties. It can
sue or be sued.

There shall be a Chairman and Vice Chairman of each Bar Council elected by
the Council. The Advocate – General of a state shall be ex-officio member of
that State Bar Council.

There shall be fifteen members in a State Bar council if the electorate doesn’t
exceed five thousand. And it becomes twenty if the electorate ranges between
five thousand and ten thousand.

There shall be twenty five members in the Council if the number exceeds ten
thousand. The members of the Council are elected through system of
proportional representation by means of the single transferable vote from
amongst Advocates on the electoral roll of the State Bar Council.

As per Section 8 of the Act, the tenure of a member shall be five years from the
date of publication of the result. But if the Council fails to conduct an election
before the expiry of the term, it may extend such tenure by a maximum of six
months by recording reasons in writing.

As per Section 10B of the Act, an elected member to the council may be
disqualified on the grounds that he was absent in consecutive meetings or his
name is removed from roll of Advocates or he is disqualified under any rules
prescribed by Bar Council of India.

Functions of State Bar Council

Section 6 of the Act lays down the important functions of a State Bar Council.

They are:

 To admit persons as Advocates on its roll.

 To prepare and maintain such roll.
 To entertain and determine cases of misconduct against Advocates on its
roll.
 To safeguard the rights, privileges and interests of Advocates on its roll.
 To promote and support law reform.
 To conduct seminars and organise talks on legal topics by eminent jurists
and publish journals and papers of legal interest.
 To organise legal aid to the poor.
 To manage and invest the funds of the Bar Council.
 To provide for the election of its members.
 To visit and inspect Universities in accordance with the rules for
imparting legal education.
 To promote the growth of Bar Associations for the purpose of effective
implementation of welfare schemes introduced by the Council.
 To perform any other functions as prescribed by the Act.
 The time within which and form in which an Advocate shall express his
intention for the entry of his name in the roll of State Bar Council.
 The form in which an application shall be made to the Bar Council for
admission as an Advocate on its roll.
 The conditions subject to which a person may be admitted as an Advocate
on any such roll.
 The instalments in which the enrolment fee may be paid.

The Council may constitute funds for the purpose of:

 Giving financial assistance to organise welfare schemes for the indigent,

disabled or other Advocates.
 Giving legal aid or advice in accordance with the rules.
The State Bar Council may receive gifts, donations or any grants for the
purposes mentioned above and such amount may be credited to the welfare
funds constituted accordingly.

Power of Bar Councils to make Rules

Every State Bar Council has the power to make rules regarding the following
matters:

 The election of members of the Bar Council. This will include the manner
of conducting election, eligibility to cast postal vote, manner of
publishing results etc.
 The manner of election of the Chairman and the Vice-Chairman of the
Bar Council.
 Deciding the validity of elections.
 The filling of casual vacancies in the Bar Council.
 The powers and duties of the Chairman and the Vice Chairman.
 Constitution of funds.
 Organisation of legal aid to the poor, constitution of committees and sub
committees for the purpose.
 Summoning the meeting of the Bar Council, Conduct of Business,
deciding the number of persons to constitute quorum.
 The qualifications and the conditions of service of the secretary, the
accountant, and other employees of the Bar Council.
 The maintenance of books of accounts and other books by the Bar
Council.
 The appointment of auditors and the audit of the accounts of the Bar
Council.
 The management and investment of the funds.

Rules made by the State Bar Councils are effective only when it is approved by
the Bar Council of India.

Maintenance of rolls

As per Section 17 of the Act, every State Bar Council shall prepare and
maintain a roll of Advocates. It shall contain the names and addresses of the
Advocates.
The roll shall consist of two parts. The first part shall include the details of
senior Advocates and the second part shall include the details of other
Advocates. No person shall be enrolled as an Advocate in more than one state
roll.

But a person can file an application before the Bar Council of India to transfer
his name from roll of one state to another nevertheless he will retain the same
seniority. The State Bar Council may issue a certificate of enrolment to
Advocates whose name is entered in the roll.

In the case of Bar Council of Delhi & Anr. vs Surjeet Singh And Ors[1]. the
Supreme Court observed that it is manifest that under the Advocate’s Act the
qualifications and conditions entitling an Advocate to vote at an election or for
being chosen as a member of the State Bar Council has to be prescribed by the
Bar Council of India. The State Bar Council has no such power.

The power of the State Bar Council is merely to prepare and revise from time to
time the electoral roll subject to the Rules made by the Bar Council of India
concerning the qualifications and conditions aforesaid. The Rule making power
of the State Bar councils does not override the powers conferred to Bar Council
of India. Even though Bar Council of India can approve the rules made by the
State Bar Councils, rules which are ultra vires to the parental Act cannot be
ratified.

In the case of Pratap Chandra Mehta vs State Bar Council of M.P.&

Ors[2] the Supreme Court observed that “This is an Act which has been
enacted with the object of preparing a common roll of advocates, integrating
the profession into one single class of legal practitioners, providing
uniformity in classification and creating autonomous Bar Councils in each
State and one for the whole of India. The functioning of the State Bar
Council is to be carried out by an elected body of members and by the office-
bearers who have, in turn, been elected by these elected members of the said
Council. The legislative intent derived with the above stated objects of the Act
should be achieved and there should be complete and free democratic
functioning in the State and All India Bar Councils. The power to frame rules
has to be given a wider scope, rather than a restrictive approach so as to
render the legislative object achievable.”

Conclusion
It is an established fact that every profession requires some regulatory
mechanism to keep it steady, efficient, and qualitative and law is no exception.
Without an efficient monitoring body, the profession may end up in chaos. And
only a unity among lawyers can make this justice delivery system effective.
And for that, it is necessary that members of Bar must respect and cooperate
with each other.

While Bar Council of India has serious issues at hand, it is the State Bar
Councils and Bar Associations make things work at a grass root level. And their
involvement in various activities in the legal sphere whether that be responding
to any contemporary issue or imparting legal education, proves why they are
necessary and how they should be strengthened.

Constitution of Disciplinary Committee, Powers, Receipt of Complaint,

Disposal and Punishment.

Introduction

Disciplinary committee means a person or a group of people who are

empowered to hear cases and proceedings involving professional misconduct of
an advocate upon a complaint, revision or suo motu. The disciplinary committee
is mainly formed to ensure that the members of the bar council of India or the
bar council of any state are maintaining professional ethics and standards.

Constitution of the Disciplinary Committee

The Bar Council shall constitute a disciplinary committee as per Section 9 of

the Advocates Act, 1961. This section provides that the one or more disciplinary
committee are required to be formed and each of these disciplinary committee
shall consist of three members. The election of two from the three members of
the disciplinary committee shall be done by the Council from the members of
the Bar Council of India itself. The third member shall be co-elected by the
Council outside of the members of the Bar Council but who shall be an
advocate and possess qualifications as prescribed in Section 3(2) of the
Advocates Act, 1961. The section further states that the senior most advocate
shall be the chairman of the committee. The term of members of this committee
shall be not more than 3 years.

Powers of Disciplinary Committee

The section 42 of the Advocate’s Act, 1961 provides powers of disciplinary

committee. The section states that the disciplinary committee shall have the
same powers as vested in a civil court as per the Code of Civil Procedure, 1908
which are as follows:

 Summoning and enforcing the attendance of any person and examining

him on oath.
 Requiring discovery and production of any documents.
 Receiving evidence on affidavits.
 Requisitioning any public record or copies thereof from any court or
office.
 Issuing commission for the examination of witness or documents.
 Any other matter which may be prescribed.

Restricted Powers of the Disciplinary Committee

The disciplinary committee can exercise these powers only with a prior
approval of certain authorities. These are as follows:

 Attendance of any presiding officer of a court shall be allowed only with

a prior approval of the High Court to which such court is subordinate.
 Attendance of any officer of revenue court shall be allowed only with
prior approval of the State Government.

Miscellaneous Powers

 The proceedings before the disciplinary committee shall be deemed to be

judicial proceedings.
 The disciplinary committee shall be deemed to be a civil court.
 If a chairman or any member of the disciplinary committee is unavailable
on the date fixed for hearing the matter then the disciplinary committee
may if it thinks fit proceed with the hearing and pass necessary orders
provided that the order passed shall not be the final order. The
proceedings and the order passed by such a committee shall not be
 invalid merely because the chairman or all three members of the
disciplinary committee were not present.
 Where the final orders cannot be made because of want of majority
among the disciplinary committee or is not in accordance with the
opinion of the Chairman or the members of the disciplinary committee
then such matter or case shall be placed before the Chairman of the Bar
Council. If the Chairman of the Bar Council is acting as the chairman
of the disciplinary committee, then the case shall be placed before the
Vice Chairman of the Bar Council. After hearing the case, the Vice
Chairman shall deliver his opinion and the disciplinary committee shall
follow such final order.
 The disciplinary committee also has the power to impose costs of
proceedings as it may deem fit and such order shall be executable as if
it were the orders of High Court or Supreme Court.
 The disciplinary committee also has the power to review its own orders
under section 44 of the Advocates Act, 1961.

Case Laws:

Allahabad Bank Vs. Girish Prasad Verma[1]

Facts: A complaint was lodged by the Allahabad Bank against its advocate
Girish Verma stating that the advocate was given 52 suits for filing and
accordingly paid him the requisite court fee that was required for the same. The
Advocate Girish Verma filed 50 out of 52 suits and misappropriated the court
fees paid to him for the remaining 2 suits.

Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the
advocate had misappropriated the court fee paid to him by the complainant and
hence ordered for striking off the advocates name from the roll of Uttar Pradesh
Bar Council. It further held that “The legal profession is a noble profession and
its members must set an example of conduct worthy of emulation.”

Receipt of complaint
 o Grievance Redressal and Disciplinary Committee (GRDC) will deal with
matters relating to internal complaints of employees as well as students
and act as a Grievance Redressal System.
o This Committee will work for the resolution of disputes and grievances
between employees and students of the college by way of arbitration.
o The committee will also work as a disciplinary committee to recommend
actions against employees.
o The Principal may call additional members to the meeting, if required,
and shall remove such persons from the committee if the complaint is
received against those existing members.
o The Committee will make recommendations on actions to be taken on
specific complaints.
o Based on recommendations, the Principal may decide the course of action
or may institute an enquiry depending on the finding of the facts and it’s
severity.
o The principal shall report the matter to the Management for the final
description if termination of an employee is required.
The activity of the Committee is a time-bound activity and requires actions that
would need to be initiated whenever necessary, and the reports to be provided to
the Principal

Process and Functioning

 Any aggrieved person is required to submit a written complaint to the

GRDC, within a period one month from the date of the incident.
 The complaint shall include sufficient details of the allegation or act.
 On receipt of the complaint, the Committee shall contact the respondent
within a period of seven working days and collect the information to
complete the enquiry.
 Any disciplinary issue of students/employees shall be referred to the
Principal.
 Proposed action shall be communicated to the concerned person and such
person shall be given reasonable opportunity for showing cause against
the proposed order.
 The employee shall have the right to appeal against the action to the
Management within 15 days of the date of communication of the
decision.