This is the content for the record

1. Introduction - what is professional ethics and why you're studying it

2. Advocates act - report

3. Bar council code of ethics - report

4. Contempt of courts Act - report

5. Access to justice

6. Right to practice

Advocates act report must contain :

Who is an advocate, bar council and it's committees, senior advocates and pre
audience, right to practice, powers of bar council

All these in brief with the relevant provisions

Access to justice:

1. Rights of underprivileged, marginalised etc

2. Constitutional perspective - Aa. 14, 21, 39A

3. CPC - O.33 R.18

4. Legal services authorities act

5. international perspective

Right to practice:

1. Part IV Advocates act

2. A. 19(1)(g) Constitution

And relevant case laws

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Introduction
Ethics and the legal profession are closely related. The practice of law is a noble
profession. Therefore, conforming one’s conduct and behaviours to a certain set
of professional norms is an important aspect of this profession. Legal ethics can
be simply defined as a code of conduct which may be written or unwritten. Such
a code of conduct is meant to regulate the behaviour of a practising legal
professional towards the court, the presiding judge, his client and his adversaries
in the courtrooms.

It can be agreed that ethics is a fundamental prerequisite in any profession and

not just the legal profession. Thus on a general note Ethics basically denotes
human behaviour and their standard of moralities. A lawyer or an advocate must
obey certain professional codes with regard to the standards of fair dealing with
the client and also includes the standard of confidentiality required between
them and uphold the self-possession. The Government of India established The
Bar council of India which is a statutory body under the Advocate Act, 1961.

This article attempts to provide an exhaustive outlook of the standards of legal

ethics to be met with, in the Indian courts and in advocate-client relationships.

The object of professional ethics

The primary object of ethics in advocacy is to maintain the dignity and integrity
of the legal profession. Legal ethics ensure that the legal fraternity serves the
society honestly and present each case in the most formal way possible so that
the litigants have faith on not only their legal representative or lawyer but also on
the justice system. Not only the lawyer but also the judge needs to have a sense
and understanding of legal ethics in order to maintain the functionality of Indian
Courts. One of the fundamental aims of legal ethics is to seek a spirit of friendly
cooperation amongst the bar, bench and the clients. Standards of ethics exist
between the lawyer and his client, opponent and the witness being questioned
and of course between the Judge and the lawyer.

The legal profession has been created by the state to serve the litigatory needs of
the public. Thus, it is not a business it’s a profession. Consequently, there is 3
fundamental basis of legal ethics that gives an insight into the essence of the
legal profession:

1. The organisation of its members in order for the performance of their

function;
2. Maintain certain standards at both the intellectual and ethical level to
preserve the dignity of the profession;

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 3. Pecuniary gains must be subordinate to the client’s interest.

Existing Legal Framework

The Advocate Act, 1961

The All India Bar Committee had come up with a few recommendations based on
the Law Commission’s recommendations relating to the legal ethics and legal
profession. Thus, under the auspices of these recommendations, the Legislature
implemented the Advocate Act, 1961. Subsequently, the Bar Council of India was
established by the Parliament under Section 4 of the 1961 Act. This Act lays
down the functions of the Bar Council of India (BCI) under Section 7. The Bare
Council of India thus lays down standards of professional Code of conduct and
etiquettes to be followed by advocates under Section 7(1)(b). Interestingly, this
very function of the Bar is also laid down under Section 49(1)(c). According
to Section 49(1)(c), the Bar is empowered to make rules for the standard of
professional ethics that needs to be observed by advocates.

Bar Council of India Rules

Bar Council of India Rules is framed by the BCI under Part VI of Chapter 2. This
chapter deals with the standard of professional ethics and conduct of lawyers. It
is important to go through the rules briefly to understand the importance of
professional ethics of a lawyer towards the Court and the Client.

Rules on Advocates Duty towards Court

The Bar Council of India prescribes certain duties that an advocate must fulfil.

1. Act in a dignified manner: any advocate before the court (while

presenting his case) is required to have self-respect and conduct himself
with dignity. In re D.C. Saxena, AIR (1966)- This rule actually empowers
an advocate to submit a complaint against a judicial officer. However,
such a complaint shall be submitted to the proper authority.
2. An advocate must maintain a respectful attitude while at court and
shall respect the dignity of the judicial office: In the case of U.P.
Sales Tax Service Association v Taxation Bar Association (1995) it was
stated that the survival of a free community is endangered if an advocate
doesn’t show respect or recognises the dignity of the judicial officer. It
potentially lowers the spirit of the court.

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3. Not to communicate in private: this rule was well explained in the case
of Rizwan-Ul-Hassan v. State of U.P. (1953) It was observed that an
advocate shall not try to seek favourable decisions by any illegal means
including bribing the court or communicating any favour in private.
Thus, this rule prohibits any private communication with the judge
which would be specifically regarding a pending case. It is considered as
a gross form of professional misconduct if at all an advocate tries to
influence the decision of the court by having private communication with
the judge.
4. Refuse to act in an illegal manner towards the opposition: An
advocate is also required to prevent his client from resorting to unfair
practices relating to the court, opposing counsel or opposite parties or
even co-parties. The advocate must earnestly restrain and explain the
implications and the consequences of such unfair practices. This rule
also empowers an advocate to refuse to represent a client if he/she
insists on such improper conduct.
5. An advocate shall have his own sense of judgement and mustn’t use
strong language in the court of law: This is another important Rule
laid down that the advocate is expected to have his own sense of
judgment regarding the cause or the case he/she is representing. In the
case of M.Y. Shareef & Anothers. V. Hon’ble Judges of Nagpur High Court
& Ors. (1954), it was observed that an advocate is not a mere
mouthpiece of the client. Legal counsel must exercise his/her own
judgement. An advocate must also restrain oneself from the use of
scurrilous remarks while in pleadings. They shall use intemperate
language during pleadings in court.
6. Appear in proper dress code: Legal profession is one of the few
professions that have a designated uniform. The court demands that an
advocate must necessarily show up inappropriate dress code. There have
been instances in court where cases have either been postponed or
dismissed for that matter due to the lack of proper dress code that
should have been followed by the representing legal counsel. Thus, if an
advocate is improperly or inadequately dressed, he is not only looked
down upon but also his appearance is a breach of the prescribed dress
code.
7. Refuse to appear in front of relations: this rule is laid down in Section
30 of the Advocates Act, 1961. This rule was laid down in order to avoid
conflict of interest and bias in judgment. If there is a family tie existing
between the presiding judicial officer and an advocate, then the advocate
shall not appear in such cases and shall request for the change in
bench.
8. Not to wear bands or gowns in public places: the advocate cannot
utilise his/her gown or band in other public places unless in any
ceremonial occasions that the Bar Council of India and the court may
prescribe.

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 9. Not to represent establishments of which he is a member: The rule
simply provides that an advocate is not allowed to represent, defend or
even stand against an organization, institution, society, corporation etc.
if he is a part of the executive committee of such institutions.
However, an advocate can appear as an ‘amicus curiae’ on behalf of a Bar
Council.

1. Not appear in matters of pecuniary interest: An advocate shall not act

or plead in any matter in which he himself has some pecuniary interest.
2. Not stand as surety for the client: sometimes parties at court or
litigants are required to give surety to the court. An advocate shall not
stand as a surety for his client in any legal proceedings.

Rules on Advocates Duty towards Client

Just as an advocate owes duty towards the court he/she is also obligated to
follow Rule 11 to Rule 33 that prescribes an advocate’s duties towards his client.
They are as follows:

1. Bound to accept briefs: Rule 11 lays down that an advocate is bound to

accept any brief in the court that is if he proposes to take up without any
fee at the Bar council.
In S.J. Chaudhary v. State (1984), the Supreme Court held that if an advocate
doesn’t attend a case day to day he would be liable for breach of professional
duty. This observation was based on the fact that a lot of advocates don’t appear
at the court and then his client has to bear the brunt of it.

1. Not to withdraw from service: Rule 12 provides that an advocate shall

give the client reasonable and sufficient notice before withdrawing from
an engagement. He shall not withdraw without any reasonable grounds.
If he withdraws himself with sufficient cause he is bound to refund the
fee (even a part of it if not earned).
2. Not to appear in matters where he himself is a witness: Rule
13 provides this rule as it can give rise to a conflict of interest. It must be
noted that if an advocate is a witness of a party and he is asked to
represent the other side then only such an advocate shall refrain from
taking up such matters
In Kokkanda B. Poondacha v. K.D. Ganpathi (1995) the Court has upheld this
rule as the parties could be disadvantaged.

1. Full and frank disclosure to the client: Rule 14 provides that an

advocate is expected to be honest with his client before the
commencement of his engagement. He is obligated to reveal whether he
has any connection with the other side of parties and any interest in
their case. Otherwise, this creates controversies and also affects his
client’s judgment to carry forward such an engagement.

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 2. Uphold interest of the client: Rule 15 provides that an advocate owes
his loyalty to his client and must uphold the interest of his client
fearlessly and honestly by all fair means. He shall not give regard to
unpleasant consequences that he may bear.
3. Not to suppress material or evidence: suppressing material evidence is
absolutely disregarded in the court of law. This rule is provided
under Rule 16. It basically provides that if a prosecutor in a criminal
trial tries to suppress material evidence that may lead to the innocence
of the accused or taint the justice of the victim if shall be considered a
gross breach of professional conduct and can also invite legal trouble for
themselves. Thus, such an act or omission shall be scrupulously
avoided.
4. Not to disclose the communications between the client and
himself: Rule 17 is also one of the most important obligations followed
by an advocate. A non-disclosure agreement is always signed between
the client and the advocate. Since there exists a fiduciary relationship
between the client and the advocate, breach of confidentiality is taken
seriously even at the court of law. This rule is also incorporated
in Section 126 of the Indian Evidence Act, 1872.
5. Not charge depending on the success of matters: Rule 20 provides
that an advocate shall not charge depending upon the success of the
lawsuit. Such a practice is opposed to public policy. Anu such contract
for a contingent nature of fee against Section 23 of the Indian Contract
Act.
6. An advocate must not lend money to his client: Rule 32 provides that
when an advocate lends money to his client then interest is created.
Such a creation of interest if not allowed as it affects the advocate’s
sense of judgment and also disallows the client to think upon before
commencing with engagement.
7. Not appear for opposite parties: Rule 33 provides that an advocate
shall not represent the opposite party after withdrawing from the case on
behalf of the previous party.

The fiduciary relationship between Lawyer and Client

On a general note, a fiduciary relationship is that of trust and confidence. Any

client expects their lawyer to maintain a high degree of fidelity and good faith as
their confidential information rests with the lawyer as they need to know the
details of the case in order to find out the best way to pull their clients out of the
legal trouble or query. In the case of V.C. Rangadurai v. D. Gopalan (1979), the
Court observed that the relation between the advocate and his client involves the
highest personal trust and confidence. Thus, their relationship cannot be
completely treated as purely professional owing to the confidential nature of the
information that the client gives to his lawyer. Thus, the lawyer-client
relationship is purely fiduciary in nature.

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Nature of Professional Ethics
Every profession has its own code of ethics. The legal profession in India is highly
competitive and dynamic. As it has been thoroughly discussed above that the
standard of ethics of the legal profession is codified under Indian law.

The nature of professional ethics is such that it is the essence of the legal
profession. It encourages a Lawyer to act in a dignified manner that is befitting of
such a noble profession. Thus, in order to maintain its dignity and integrity,
professional ethics were codified. It brings upon accountability upon the legal
professionals for dishonest, irresponsible and unprofessional behaviour.
Furthermore, advocates can lose their license (to practice at court/firm) if they
resort to unethical practices that endanger and tarnish the dignity of the legal
profession.

Even in general not only the legal profession but also various other professions
like the medical profession in India have codified standards of ethics. The
Advocates Act, 1961 and Bar Councils Act, 1926 lay down the professional ethics
that need to be followed by lawyers. On the other hand the Indian Medical
Councils Act, 1956 and the Indian Medical Council (Professional Conduct, Etiquette
and Ethics) Regulations, 2002 governs the standard of professional ethics that
needs to be followed by medical professionals.

The main intent behind these legislations is to prevent the exploitation of clients
and patients or anyone at the receiving end of their services and of course to
maintain the integrity of the profession. Just like every other provision and
statute these rules and codes are not absolute in nature and can be amended or
repealed as and when need be felt.

Rules on Advocate's Duty to Opponents

1. Not to negotiate directly 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.

2. Carry out legitimate promises made

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.

Rules on an Advocate's Duty Towards Fellow Advocates

1. Not advertise or solicit work
An advocate shall not solicit work or advertise in any manner. He shall not promote himself by circulars,
advertisements, touts, personal communications, interviews other than through personal relations, furnishing or
inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has
been engaged or concerned.

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2. Sign-board and Name-plate
An advocate's sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery
should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has
been associated with any person or organisation or with any particular cause or matter or that he specialises in any
particular type of work or that he has been a Judge or an Advocate General.

3. Not promote unauthorized practice of law

An advocate shall not permit his professional services or his name to be used for promoting or starting any
unauthorised practice of law.

4. An advocate shall not accept a fee less than the fee which can be taxed under rules when the client is able to pay
more.

5. Consent of fellow advocate to appear

An advocate should not appear in any matter where another advocate has filed a vakalt or memo for the same party.
However, the advocate can take the consent of the other advocate for appearing.

In case an advocate is not able to present the consent of the advocate who has filed the matter for the same party, then
he should apply to the court for appearance. He shall in such application mention the reason as to why he could not
obtain such consent. He shall appear only after obtaining the permission of the Court.

Conclusion
It is abundantly clear that legal ethics and the legal profession are closely
related. It is evident from the existence of codified professional ethics for the legal
profession that ethics holds an important position in the legal profession. The
Bar Council ensures that advocates conform to the rules laid down with regard to
legal ethics and dress code (professional attire of lawyers).

The nature of the legal ethics reveals that it is an absolute mandate however the
language of the Code (under Advocate Act, 1961) makes it evident that advocates
owe a duty towards the Bar, bench, their clients along with opposing counsels at
the court. The whole point of having codified legal ethics is to mandate advocates
to maintain the dignity of the court. Also, it prevents the exploitation of clients.
The need for legal ethics was also briefly explained along with rules that need to
be followed by advocates. The basic difference between professional ethics and
professional conduct is that the former is a moral obligation while the latter is a
legal or statutory obligation.

Another important aspect captured was whether codified professional ethics is

making any difference or not? The implications of the code were explained and
why it still remains relatively ineffective due to the lack of understanding of
ethics before one starts practising in the profession. Mere codification of
professional ethics will not fulfil the legislative intent behind the Advocates Act,
1961 and the Bar Council Rules until the traditional method of legal education is
slightly changed. The Code cannot bring about a sense of ethics unless it is
imparted to the law students at the very earliest.

In the changing world of legal practice, a high standard of ethics and professional
conduct is the only tool that can ensure a stimulant justice system and it would

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also restore the faith of clients on it. Considering the lawyer-client relationship is
a fiduciary one, a breach of confidentiality can be punished.

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Advocates Act, 1961

Introduction
The Advocates Act, 1961 contains rules and laws pertaining to advocates. The
major goal of the Act is to create a single class of legal practitioners known as
“advocates.” Advocates are permitted to represent clients before all courts and
tribunals in all states of Indian territory. The advocates can only join one state
Bar Council [vide Section 17(4) of the Act], although they are free to move to
another State Bar Council. The Indian Bar Councils Act has been replaced by the
Advocates Act, 1961. The Advocate Act of 1961 was created in order to carry out
the recommendations of the All India Bar Committee, which were supported by
the Law Commission’s fourteenth report in 1955. This Act’s primary goal is to
unite and create a single class of attorneys called “advocates.” Their major goals
are to establish an All India Bar Council and State Bar Councils, as well as a
common qualification for the bar. It also outlines an advocate’s obligations and
rights.

The Advocates Act’s nature, objectives, important provisions, relevant case laws,
and amendments, along with the history of the Act, are all covered in detail in
this article.

History of the Advocates Act, 1961

India’s legal profession was managed under the Advocates Act, of 1961, which
was set up by Parliament after Independence. The All India Bar Committee was
established in 1953 by the government to oversee and control the Indian
judiciary after Independence in 1947. The Advocates Act and the Bar Council of
India were formed in 1961 as a result of a recommendation submitted to
Parliament by the All-India Bar Committee. Legal practitioners were divided into
various classes under the Legal Practitioners Act of 1879 until the Advocates Act,
1961 came into effect. They were classified as Advocates, Lawyers, Vakils,
Barristers, etc. After the Act came into effect, several classes of legal practitioners
were abolished and combined into one class of advocates. These advocates were
categorised as Senior Advocates and other subdivision advocates based on their
qualifications for expertise and experience. Senior Advocates are given the title
with the Supreme Court’s or the High Court’s confirmation.

The Bill behind Advocates Act, 1961

The Bill was drafted in order to carry out the recommendations of the All India
Bar Committee, which were issued in 1953. After considering the Law
Commission’s proposals on Judicial Administration Reform, as well as the
suggestions relating to the Bar and legal education. The Bill was amended to

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recognise the dual system in operation in the High Courts of Calcutta and
Bombay by including the necessary provisions, according to the
recommendations provided to the All India Bar Committee and the Law
Commission. If they intend to abolish the dual system at any moment, it will only
be open to two Courts. The Indian Bar Councils Act, 1926, as well as any other
legislation on the subject, may be repealed by this bill because it is a
comprehensive measure. This was published on November 19, 1959, in Section 2
of Part II of the Extraordinary Gazette of India.

Main features of the bill behind Advocates Act, 1961

The bill’s primary features were:

 TheAll India Bar Council must be established, there must be a single class
of attorneys, and it must grant attorneys the right to practise in any area
of the country, in any High Court, as well as at the Supreme Court of
India.
 Combining the bar together into a single class of legal practitioners known
as advocates.
 Theprocedures of a uniform qualification for admitting individuals as
advocates and qualifying them as advocates.
 According to their merit, senior advocates and other advocates must be
divided.
 There must be the establishment of autonomous Bar Councils, one for all
of India and another for each State.

Implementation of Advocates Act, 1961 in India

On May 19, 1961, in the twelfth year of the Republic of India, Parliament passed
The Advocates Act, 1961. The Act has a total of 60 sections split into 7 chapters.
The Advocates Act, 1961 was implemented by the Central Government. This Act
is applicable across India, with the exception of the State of Jammu & Kashmir.
The Indian legal profession experienced a lot of changes as a result. Its goal was
to establish the legality and utility of the legal profession across the whole of
India. The Act amends and unifies the law relating to legal practitioners,
according to the preamble of this Act. The primary goal of the Act was to promote
uniformity in the legal profession, including uniformity in the academic
qualifications for advocates, in the registration process for state-level Bar
Councils, in the restrictions put on enrollment, in the disqualification of legal
practitioners, etc.

Features or the characteristics of the Advocate Act, 1961

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  The Advocates Act, 1961 had the following features: It established the Bar
Council of India and State Bar Councils and paved the way for their
formation.
 Even though advocates may be transferred from one state to another,
advocates are not permitted to enrol in more than one State-Bar Council.
A self-governing authority has been given to the Bar Council.
 Additionally, the Act has made it possible for advocates to work in
positions that are similar all across the world.
 It also included provisions that allowed for the consolidation of all legal
system legislation into a single class or document.
 Various Bar Council regulations have been implemented in both state and
central laws.
A single title called ‘advocate’ replaced the several titles that were
previously granted to advocates such as legal practitioners, vakils,
attorneys, etc.
 On the basis of their qualifications, experience, and level of expertise, there
are senior advocates and other advocates as legal practitioners.
 The act primarily focuses on the consolidation of existing legal laws for the
legal profession.
 The Bar Council was given control over an autonomous body that has been
assigned certain duties.
 It may be seen that the Bar Council is a member of a number of
international organisations, including the international bar organisation.
The Bar Council is a recognised legal entity with the ability to acquire
both moveable and immovable property through litigation.
 Additionally, there are several state Bar Councils that are under the
control of the All-India Bar Council.
 They also have the same responsibilities as the All-India Bar Council, but
they solely look after their particular states. The Bar Council was
granted an autonomous entity that is entrusted with these
responsibilities.
 According to the Act, State Bar Councils must exist in every state.

Definitions under the Advocate Act, 1961

 Advocate: The term ‘advocate’ is discussed under Section 2(1)(a) of the

Act. A person who has registered on any roll created by this Act is an
advocate. There were various classifications of legal professionals known
as pleaders, vakils, lawyers, and attorneys before the enactment of this
Act.
 Appointed day: The term ‘appointed day’ is discussed under Section 2(1)
(b) of the Act. The term ‘appointed day’ refers to the day the Provisions
took effect.
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  Bar Council of India: The word ‘Bar Council’ is covered by Section 2(1)
(e) of the Act. Section 4 of the Act establishes the Bar Council for the
territories to which the Act applies.
 Law graduate: The word ‘law graduate’ is discussed under Section 2(1)
(h) of the Act. A person is referred to as a law graduate if they have
completed a bachelor’s degree in law from any university recognised by
Indian law.
 Legal practitioner: The word ‘legal practitioner’ is covered by Section 2(1)
(i) of the Act. A legal practitioner is a person who is an advocate or vakil
in any High Court, as well as a pleader, mukhtar, or tax agent.
 HighCourt: The term ‘High Court’ is covered by Section 2(1)(g) of the Act.
The term ‘High Court’ does not include a court for Judicial
Commissioner, except in Sections 34(1) and 34(1A), as well as
Sections 42 and 43. The term High Court in relation to a State Bar
Council means:
1. If a State Bar Council is established for a state or for a state and
one or more union territories, the High Court for the state.
2. If a Bar Council is constituted for Delhi, the High Court of Delhi.
 Roll: The term ‘roll’ is discussed under Section 2(1)(k) of the Act. Under
this Act, rolls are recorded and maintained. It is a list of advocates or
legal practitioners who practise in a court or who are frequently present
in court.
 State:The term ‘State’ is discussed under Section 2(1)(l) of the Act. A state
is a country or territory that is organised as a political community and
has a single state government under the territory. The union territory is
not included as a state
 State roll: The term ‘State roll’ is discussed under Section 2(1)(n) of the
Act. According to Section 17, a State Bar Council must record, prepare,
and maintain a state roll, which is a list of advocates.
Note: Jammu and Kashmir and all other union territories, including Goa,
Daman, and Diu, are exempt from the application of any provisions or definitions
contained in the Act. However, the laws can be interpreted as references to the
relevant laws if they have to apply in the state or territory. Goa, Daman and Diu
Reorganisation Act, 1987, which went into effect on May 30, 1987, now
recognised as a state and governs the territory of Goa.

Important provisions under the Advocate Act, 1961

Application of the Act (Section 1): In India, the Advocates Act, 1961 is in effect
nationally, which is described under Section 1 of the Act. In the State of Jammu
and Kashmir as well as the Union Territories of Goa, Daman, and Diu, which
comes into effect on the day that the Central Government specifies in a notice
published in the official gazette on their behalf.

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State Bar Councils (Section 3): Section 3 of the Act allows for the establishment
of a Bar Council in each state. Union territories are joined by neighbouring
countries. There is a unique Bar Council for the union territory of Delhi. This is
based on the All India Bar Committee’s recommendations. For each State Bar
Council, a chairman and vice chairman will be chosen by the respective State
Bar Council.

Bar Council of India (Section 4): Section 4 of the Act permits the establishment
of an All-India Bar Council. The attorney general of India, who serves as an ex
officio member, the solicitor general of India, who also serves as an ex officio
member and one member who is chosen by each State Bar Council from among
its members shall make up the body. The All India Bar Council will have a
chairman and vice-chairman who were chosen by the Council itself according to
the established procedures.

Bar Council which is to be a body corporate (Section 5): Any corporate body,
including the Bar Council of India and all state Bar Councils with perpetual
succession and their own common seal, is covered by Section 5 of the Act. Each
Bar Council has the authority to acquire and hold real property in its own name.
It is capable of being sued, being sued in its name, and entering into contracts in
its name. A Bar Council can continue to exist since it is a corporate entity with
perpetual succession; therefore, it is unaffected by the fact that the members’
terms of office have ended.

Membership in an international legal body (Section 7A): In accordance

with Section 7A of the Act, the Bar Council of India is permitted to join
organisations that represent international law, such as the International Bar
Association or the International Legal Aid Association. The Bar Council of India is
also required under this Section to pay dues to the aforementioned international
organisations, and it is also permitted to spend money to send delegates to any
international legal conference or seminar.

Term of office of members under the State Bar Council (Section

8): According to Section 8 of the Act, State Bar Council members are chosen to
serve terms of five years, starting from the day the results of the election are
published. The Bar Council of India will extend the term of office by examining
the reasons if the State Bar Council fails to hold elections for its members before
the term expires, provided that the extension does not exceed a 6-month period.
By extending the term of members, the council will be notified that it must hold a
new election for members as the previous one was not held before the term’s
expiry.

Transaction of business by the Bar Council and committees (Section

10A): According to Section 10-A, the State Bar Council meets at its
headquarters, and the Bar Council of India meets in New Delhi. The meetings of
these councils may take place anywhere, but the justifications must be recorded
in writing. The headquarters of the relevant Bar Council should be the location of
meetings for all committees, excluding the disciplinary committee. The

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disciplinary committee will henceforth hold a meeting at a time and location
where it is possible to follow the rules established by the Indian Bar Council for
conducting business at meetings.

The staff of the Bar Council (Section 11): Section 11 deals with the
appointment of personnel to the Bar Council. Each and every Bar Council is
required to have a secretary. The accountant and other staff that are required for
the office’s efficient operation may be appointed by the Bar Council.

Senior and other advocates (Section 16): Section 16 discusses the senior
advocate as well as other advocates. The Supreme Court of India or the High
Court, believes that if a person has the skill, expertise, or experience to merit the
title of “senior advocate,” they may use it with the court’s approval.

State Bar Councils maintain the roll of advocates (Section 17): According
to Section 17, it is the responsibility of the State Bar Council to create and
maintain a list of state advocates. The roll has two sections. Senior advocates
make up the first part, while other advocates make up the second part. The entry
is based on seniority in the state roll record. According to Section 17(4), no
person may be listed as an advocate on the rolls of more than one State Bar
Council.

Transferring the name from one state to another state (Section

18): According to Section 18, anybody who wishes to move from one state’s Bar
Council to another must submit an application to the bar association of India,
New Delhi, using Form C Rule I Chapter III and Part V of All India Bar Council’s
Rules.

The main materials of the application are:

A certified copy of the applicant’s enrollment on the state register.

 There is no disciplinary action ongoing against the applicant, and there is
no objection to transfer being ordered, according to a certificate from the
state Bar Council stating that the applicant’s enrollment has not been
recalled and that they are permitted to practise as of the date of their
application.
Enrolment of certain Supreme Court advocates (Section 20): Section 20 of
the Act addresses the certificate of enrolment. For the enrollment of an advocate,
a certificate would be issued. The certificate is issued in accordance with the
State Bar Council’s authorised format. Any change to a person’s permanent
address must be reported to the relevant State Bar Council within 90 days.

Disqualification of enrolment (Section 24A): According to Section 24A of the

Act, anyone who has been arrested for an offence involving moral turpitude is
ineligible to become a member of the bar. This applies until two years have
passed since the end of the imprisonment. This disqualifies you from enrolling;
according to the Supreme Court, if the disqualification occurred after you
enrolled, the advocate must serve a two-year disqualification from the bar.
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Advocates are recognised as a class of persons entitled to practice law
(Section 29): According to Section 29 of the Act, advocates are only recognised
among a specific group of people who are qualified to practise law. Advocates
have been permitted to practice law as of the date on which they were appointed
under that class alone.

Right of advocates to practise (Section 30): Section 30 of the Act defines the
right to practise as an advocate. An advocate is granted the right to practise law
across the territory before all courts and tribunals under this statute.

No one other than advocates is permitted to practice (Section

33): This section states that anyone must be enrolled as an advocate under this
Act in order to be permitted to represent themselves in any court or before any
authority.

Functions of State Bar Councils (Section 6 of Advocates Act, 1961)

Section 6 outlines the duties of the State Bar Council.

 The Council must compile, maintain, and keep a record of such a roll in
addition to allowing applicants to be listed as advocates.
 If there is any misconduct on the part of any of the advocates on its list,
the council must investigate it and make a decision;
 It must also defend the rights, privileges, and interests of those advocates;
 It must encourage the growth of the bar association in order to effectively
implement welfare programmes;
 It must support and promote law reform; and
 It must also host seminars and organise lectures by eminent jurists on
legal subjects.
 It also allows for the publication of journals and papers of legal interest.
 It organises legal help for the poor in a prescribed manner;
 It facilitates elections for its members of the State Bar Council, manages
finances for the Bar Council, and invests those funds.
 They can visit and inspect universities in accordance with the guidelines
set forth in Section 7(1)(i);
 They can carry out all other duties imposed by the Act; and
 They must also take additional actions required for carrying out the
aforementioned duties.
 The council shall establish one or more funds for the following purposes:

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 o Providing financial assistance to set up welfare programmes for
the needy, the disabled, or other advocates;
o It also provides legal assistance or advice when rules are
adopted in this regard;
o To create law libraries.
 The State Council may accept grants, donations, gifts, or benefactions for
any of the purposes indicated in subsection 2 of Section 6, which must
be credited to the relevant fund or funds established under the
Subsection.

Functions of the Indian Bar Council (Section 7 of Advocates Act, 1961)

The following are the functions of the Bar Council of India under Section 7 of the
Act:

 It must establish standards of professional conduct and etiquette for

advocates;
 It must establish specific procedures to be followed by its disciplinary
committee and the disciplinary committee of each State Bar Council;
 Their primary function is to prepare and maintain a common roll of
advocates and to exercise general supervision and control over State Bar
Councils;
 Its duties include general supervision of and control over state Bar
Councils.
 It has to promote legal education.
 It has to set standards for that education in consultation with state Bar
Councils and universities in India that deal with higher education.
 They also have the responsibility of identifying the universities where a law
degree qualifies a graduate for enrolment as an advocate, and to that
end, they either visit and inspect those universities or give State Bar
Councils specific directions to visit and inspect.
 They also recognise a reciprocal basis for foreign legal qualifications gained
outside of India for the purpose of admission as an advocate under the
Act.
 Other duties exist that are similar to those of the Indian State Bar Council.
The Bar Council of India carries out such activities as setting up one or
more funds for the organisation of welfare programmes for poor and
disabled advocates providing legal assistance and advice, as well as for
establishing law libraries. Additionally, they receive gifts, donations, and
benefaction.

Certificate of enrolment (Section 22 of Advocates Act, 1961)

Section 24 of the Act outlines the requirements required to be admitted to the
Bar.

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  The provision also states that the person would be qualified to be admitted
as an advocate on a State Roll if he meets the requirements, which
include being a citizen of India, being competent over the age of 21,
having obtained a law degree, and passing the Bar Council of India
exam.
 The individual can enrol themselves under any State Bar Council if they
meet the necessary qualifications.
 After graduating with a single degree, the person must have completed a 5-
year integrated course or a 3-year law course.
 The Bar Council of India must recognise the degree if it was earned from a
foreign institution of higher learning.
 The advocate is required to pay the State Bar Council’s enrollment fee. It
must also satisfy any additional requirements, if any.

Various committees under the Advocates Act, 1961

Constitution of a special committee (Section 8A of Advocates Act, 1961)

 In cases when there is no election, a special committee is constituted. That

is formed in accordance with Section 8A of the Act if there is no election.
When the State Bar Council fails to hold regular member elections, a
special committee is formed. The members of the special committee will
be:
 The chairperson shall be a State Bar Council ex-officio member. If more
than one person serves as an ex-officio member, the chairman should be
the senior-most member.
 The Bar Council of India will nominate two members from the list of
advocates on the State Bar Council.

Disciplinary Committee (Section 9 of Advocates Act, 1961)

 According to Section 9, the State Bar Councils and All Bar Councils in
India are required to form at least one or more disciplinary committees.
 Two members of the elected council and one member of the co-opted
council who is an advocate on the state Bar Council’s roll must provide
up each disciplinary committee, which shall have three members total.
 The head of a disciplinary committee must be the most experienced
attorney on the panel. According to Section 9, the State Bar Council and
the Bar Council of India are required to establish one or more legal
assistance committees.
 These committees must have a minimum of 5 members and a maximum of
9 members. The regulations of the All-India Bar Council outline the

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 requirements, the process of selection, and the period of office for
members.

Legal Aid Committee (Section 9A of Advocates Act, 1961)

 Section 9A of the Advocates Act creates a constitutional legal aid

committee.
 One or more legal aid committees must be established by the Bar Council,
and each committee must have a minimum of five and a maximum of
nine members.

Various other committees

The State Bar Council and the Bar Council of India are given authority
under Section 10. The following committees must be formed by the State Bar
Council:

 An executive committee is composed of five council members that are

elected by the council.
 An enrollment committee shall consist of three people chosen by the
council from among its members.
The following standing committees ought to be established by the Bar Council of
India:

 There will be nine people on the executive committee, chosen by the

council from among its members.
A legal education committee consists of ten members; of these, five are
chosen by the council from among its members, and the remaining five
are co-opted by the council.
Whenever further committees are required, the State Bar Council and the Bar
Council Of India will appoint members to such committees. Section 13 of the Act
states that no decision made by the Bar Council or any other committee may be
challenged because of a vacancy or a fault in the committee’s constitution.

Rights and duties of an advocate under the Advocate Act, 1961

Rights of an advocate under the Advocate Act, 1961

In India, an advocate has the following rights:

Right to practice (Section 30) and freedom of expression and speech:

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  From the perspective of the legal profession, the term ‘right to practise’
refers to an exclusive right granted to advocates to represent clients in
court and before tribunals. There are two levels of protection for the
right to practise, and they are as follows:
1. Protection in General: Article 19(1)(g) of the Indian
Constitution safeguards each person’s right to engage in
whatever practice they choose.
2. Specific Protection: According to Section 30 of the Advocates
Act, 1961, a person registered with a State Bar Council is
entitled to practice law before any court or body in India,
including the Supreme Court.
 The Central Government made it effective recently by issuing a notification.
An advocate who is registered with the Bar Council of India is granted
the only authority to practise law in courts.
 If an advocate is speaking during practice, no one may interrupt them
unless they are violating the court’s rules and regulations.
 Thefreedom of speech and expression is guaranteed by Article 19(1)(a) of
the Indian Constitution. All Indian citizens are entitled to this
fundamental right. Even in a court of law, an advocate has the freedom
to speak and express oneself.
Pre-audience rights:

A court of law must provide an advocate with the opportunity to speak

first, according to Section 23 of the Advocates Act.
 Advocates have the right not to be interrupted before their statement is
completed. This provision is employed as an advocate’s privilege as well
as a right to pre-audience rule. The right to be heard comes first and
foremost. The person in the top position in the hierarchy is given the
right to advocacy by the law.
 In India, the following is the preferred hierarchy system:
1. Attorney General
2. Solicitor General
3. Additional Solicitor General
4. The Second Additional Solicitor General
5. Advocate General of the State
6. Senior advocates
7. Other advocates
 Thisis the hierarchy of advocacy used in India. In the absence of another
advocate, the attorney general has the right to represent himself in
court. In accordance with this rule, an advocate is also permitted to
speak in front of the courtroom audience and to represent his client in
front of a judge.
Right of opposition to arrest:

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  All advocates are guaranteed under Section 135 of Civil Procedure Civil,
1908 that they won’t be detained while travelling to or from a tribunal or
court on another subject, with the exception of cases involving criminal
charges and contempt of court.
 In
certain situations, the police are not allowed to detain a civil advocate.
An advocate is referred to as an officer of the court.
Right to appear in any court:

 All advocates are permitted to practise in any Indian court or tribunal,

according to Section 30 of the Act.
 They have the right to enter the court or tribunal even if they haven’t
registered with that particular tribunal or court.
 Nomatter if they are representing a client or not, an advocate may enter
the courtroom and take any seat to watch the proceedings. An advocate
may also enter the Supreme Court and observe the proceedings.
Right to see an accused person in jail:

 There is no restriction on how often an advocate can visit a client who is

being held in jail. Advocates are even permitted to see their clients every
day in jail.
 According to the law, a person is deemed innocent unless proven guilty. As
a result, it is essential for an advocate to fully understand the case by
meeting with his client—even while they are in custody—to discuss the
important details and related documents so that they can effectively
argue the case in court.
Right to professional communication:

 Communication between an advocate and his client must be regarded as

professional communication under Section 126 of the Indian Evidence
Act,1872. Such communication shall not be disclosed.
The right to protect the secrecy of communications:

 An advocate has exclusive rights under Section 129 of the Indian Evidence
Act of 1872. The advocate has the right to protect the confidentiality of
his client’s communications.
 The advocate is not required to disclose to anybody the conversation he
and his client had on the matter.
 According to Section 129 of the Indian Evidence Act of 1872, no one is
allowed to pressure an advocate into disclosing the conversations he has
with his client.
Right to pay a fee:

 According to Rule 11 of Chapter 2 of Part VI of the Rules of the Bar Council

of India, an advocate is entitled to get payment when he provides or
renders services to a client. According to his position at the bar, he can
exercise this right.

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Right with respect to vakalatnama:

 Theadvocate has the right to solely represent his client in that particular
matter after a vakalatnama is signed in his name. An advocate also has
the authority to support the public prosecutor in court and submit a
note of appearance on behalf of a defendant for whom he is not counsel.
Right to refuse a case:

 An attorney has the authority to decline to represent a client in a lawsuit

involving illegal activity.

Duties of an advocate

An advocate must perform the following duties:

An advocate’s obligations to the client:

 An advocate’s obligation is to take client briefs and to charge a fee that is

comparable to that of other attorneys at the same bar and appropriate to
the circumstances of the case. The advocate may provide an explanation
for why a specific brief was rejected.
 An advocate has a duty to decline cases or briefs where he would testify as
a witness. Similarly, if the advocate has notice of testifying as a witness
throughout the course of events, he should not proceed with the case.
 Once the client has consented to have the advocate represent them, the
advocate has an obligation to do so. In order to withdraw a case, he
must provide the clients with a good explanation and adequate notice.
He will refund the customer for a portion of the fee that was not
collected.
 The responsibility of an advocate is to deliver the best advice to the best of
his abilities.
 It is crucial that the advocate provides the client with complete and honest
disclosures of the parties and their interest in the controversy.
 When handling a client’s case, an advocate needs to be cautious.
 When a party has received legal advice from an advocate, the advocate
should not participate in the lawsuit since he is now the party’s
opponent. An advocate must either withdraw the case or transfer it to
another counsel in such a situation.
 An advocate is expected to maintain track of any client funds entrusted to
him and provide a copy of that record upon request.
 An advocate is required to uphold the confidentiality clause and not reveal
the client’s private information.

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An advocate’s obligations to the court

 An advocate must always treat the legal system and courts with respect.
 An advocate must maintain his or her dignity and self-respect.
 It is the duty of an advocate to refrain from using any unlawful or
inappropriate measures to influence the court’s judgement and to allow
it to be made without bias.
 Advocate has a responsibility to present themselves in court in the
appropriate attire. Except in the courtroom, he or she is not authorised
to dress in a band and gown.
 Advocates are not permitted to represent a close relative as a member of
their family in court or before a tribunal.
 Advocates must not conduct a prosecution in such a way that an innocent
person is knowingly convicted.

Punishments provided under the Advocate Act, 1961

Punishment of advocates in case of misconduct (Section 35):

Section 35 of the Act specifies the penalties for misconduct by advocates.

 It specifies that when a complaint is received or a State Bar Council has

grounds to suspect that any advocate listed on its register has engaged
in professional or other misconduct, it must send the matter to its
disciplinary committee for resolution.
 The State Bar Council’s disciplinary committee would be required to set a
hearing date, as well as arrange for notice to be sent to the State’s
advocate general and the involved attorney.
 The disciplinary committee shall provide the advocate and the advocate
general an opportunity to be heard and shall make any instructions from
the following categories:
 The complaint or procedures filed at the instance of the State Bar Council
where the complaint was submitted must be dismissed; the committee
may also reprimand the advocate.
 The committee has the authority to bar an advocate from practising for as
long it sees suitable and to have their name removed from the state list
of attorneys.
 Anadvocate whose licence to practice law has been suspended is not
permitted to appear before any Indian court, government agency, or
person during the suspension period.
Penalty for illegal practice in courts and before other authorities (Section
45):

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The consequences for engaging in the illegal practice in court or before other
authorities are outlined in Section 45. Any individual who practises in any court,
before any authority, or before any person who is not authorised to practise
under this Act shall be imprisoned for six months.

Case laws

Ex. Capt. Harish Uppal v. Union of India, (2002)

The Supreme Court of India has held in this landmark decision that lawyers do
not have the power to strike or call for a boycott of the court.

Facts of the case

According to the facts, the petitioner is an ex-Army officer. The petitioner was
assigned to Bangladesh in 1972, after which he was charged with theft and
appeared before an Indian military court. He spent two years behind bars. He
requested an audit of the case through a pre-affirmation application in a civil
court, and after an 11-year delay, when the survey’s limitation period had
passed, he received a response from the judge. Documents and the application
were found to have been missing following a violent strike by lawyers. The
petitioner submitted a special petition to declare unlawful advocates’ strikes.

Issues involved

The question is whether lawyers have the right to strike.

Judgement of the case

The Supreme Court of India decided that attorneys do not have the power to call
for a boycott of the court or to go on strike, not in a purely symbolic way. On the
other hand, lawyers have the choice to peacefully protest outside the court
building and away from its premises by making press statements, participating
in TV interviews, adhering to the rules for court premises, posting additional
notices, wearing armbands in black and white, or any other shade, holding
dharnas, etc.

Pratap Chandra Mehta v. State Bar council of M.P & Ors, (2011)

Facts of the case

In this case, the State Bar Council of Madhya Pradesh established regulations
that went beyond the power given to them under Section 15 of the Advocates Act,
1961. The State Bar Council’s power to create rules is not connected to the power
given under Section 15 of the Act by Rules 121 and 122A. The Parliament passed

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the Advocacy Act, giving the State Bar Council the authority to draft and carry
out the requirements of Section 15 of the Act. With the Bar Council of India’s
consent, the State Bar Council published and amended the State Bar Council
MP Rules.

Issues involved

The question is whether Rules 121 and 122A of the MP Rules are ultra vires to
Section 15 of the Advocates Act, 1961, which got approval from the Bar Council
of India.

Judgement of the case

As a result, the court decided that Rules 121 and 122A of the MP Rules are valid
because the Bar Council of India approved them. In order to uphold democratic
values and the high ethical standards of an advocate, the State Bar Council must
conduct itself in a democratic manner. The power of these rules does not exceed
or broader than that permitted under Section 15 of the Act. The court also held
that the rules of the M.P. State Bar Council are unambiguous and that the Bar
Council of India has approved the revised rules.

K.Anjinappa v. K.C. Krishna Reddy, (2021)

Facts of the case

In this case, the Disciplinary Committee of the Bar Council of India issued an
impugned order dismissing the appellant’s complaint against his advocate. The
complaint was first filed with the State Bar Council of Andhra Pradesh. The case
was rejected by the Bar Council of India’s disciplinary body because it was not
maintainable. Advocates did not resolve the complaints within a year. The
complaints were intentionally kept pending for more than a year; therefore, they
were transferred to the Bar Council of India as provided. The appellant filed an
appeal against his advocate under Section 35 of the Advocates Act for
professional misconduct.

Issues involved

Whether the appeal under Section 35 of the Advocates Act is valid against the
advocate.

Judgement of the case

The appeal against the advocate under Section 35 of the Advocates Act was thus
denied by the Supreme Court.

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Conclusion
The Advocate Act of 1961 holds an important

place in India because it outlines guidelines and rules that any person who is
enrolled as an advocate must follow. The Act also punishes them if they commit
any offence or violate any law. It keeps advocates in check and the legal system
running smoothly. The Act provides for the functions of the State Bar Council
and the Bar Council of India, along with certain powers rendered to them. It also
grants an advocate responsibilities, such as the right to practise and render
services to the client, meet their client in jail, and meet the client in jail with no
restrictions. The advocates should only be admitted to the State Bar Council
once. The client must not be a close relative or family member of the advocate.

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