Response Paper 1

:- Tananjay Parmar (BA0150048)

Art 19(1)(a) of the Indian Constitution provides the freedom of Speech and Expression to each
and every citizen of India but whereas in case of Advocates, the advertising of their profession is
not allowed which it clearly means that it is curbing the freedom of all legal professionals and it
is result into the violation of fundamental right. Legal Professionals mostly care about their
professional ethics and also it is a Nobel profession that is what prevents legal professionals from
advertising because the advertising is one of the ways to influence prospective clients. Due to
this, such professionals cannot advertise their profession. As per the Rule 36, Section IV,
Chapter II, Part VI, Bar Council of India Rules an advocate is prohibited from advertising either
directly or indirectly. The same rue was challenged in the case of Tata Yellow Pasges v. MTNL,
where the Hon’ble Supreme Court held that the freedom of speech and expression extends to
commercial speech, i.e. advertising also. Furthermore, it can be stated that Rule 36 of Bar
Council of India does not satisfy any of the conditions specified in the constitution. Further, it
can be argued that Rule 36 violates the freedom to carry on trade, profession or business
enshrined under Article 19(1)(g) of the Constitution of India.

The Present Position in UK and US is different from India where earlier advertising by advocates
was also prohibited but things got changed with time. In the Present time, there is no such
prohibition on the advocates.

In this era of globalization, where on the one hand advertisements and promotions are weapons
for the professionals, they also act as shields for the consumer of the services. The restrictions on
the advertising in the legal profession are good neither for the lawyers nor for the clients. It is the
time that the concerned authorities realize it soon and this archaic practice comes to end. It is
only then, that the dual benefit, both to lawyers and to the con0sumers can be served well.