Name: Akshay kumar

Enrolment No: R450217017

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

Mid Semester Examination, March, 2022

Course: Professional Ethics, Accountancy for lawyers & bar and bench relations
Semester: X
Program: B.A.LL.B (Energy Law) Time:120 Mins.
Course Code: CLCC5003 Max. Marks: 100

Instructions: Attempt all questions. Answer each question in maximum 400-500 words.

S.No Question Marks Mapped

Course
Outcome

Q1. “Law in India has evolved from religious prescription to the 30 marks CO1
current constitutional and legal system we have today, traversing
through secular legal systems and the common law.”

In light of the above statement, trace the journey of the legal profession in
India through pre and post-independence era. Also comment on what
would have been the scenario in the absence of a well-established
framework of law and legal profession.
ANSWER
The Indian Legal System that we are witnessing today is a work of the
legislators that has spread over about two centuries and has been the
result of the socio- economic developments that has taken place in our
country.

The grundnorm of the legal infrastructure from all the statutory

establishments to all the legal frameworks that we have today, can be
traced to the Indian Freedom Struggle and is directly and indirectly linked
to the efforts and sacrifices that were made by all our freedom fighters
including the anonymous and unsung heroes.
Pre – Independence law
The common law system – a system of law based on recorded judicial
precedent – came to India with the British East India Company. In 1726,
King George I granted the company the right to establish “mayor’s
courts” in Madras, Bombay and Calcutta now known as Chennai,
Mumbai and Calcutta respectively. The company’s judicial functions
expanded greatly after the victory at the Battle of Plassey, and by 1772
the company’s courts had expanded beyond the three major cities. In the
process, the company gradually replaced the existing Mughal legal
system in these parts. After the First War of Independence in 1857,
control of the company's territories in India passed to the British crown.
Being part of the empire, the next big shift took place in the Indian legal
system. Supreme Courts were created to replace the existing Mayor’s
Courts. These courts were elevated to the first high courts by Letters
Patent authorized by the High Courts of India Act passed by the British
Parliament in 1862.
The supervision of the lower courts and the recruitment of legal
practitioners were transferred to the respective high courts. During the
reign, the Privy Council acted as the highest court of appeal. Matters
before the council were heard by the Lords of the House of Lords. The
State sued and was sued on behalf of the British sovereign in her capacity
as Empress of India. During the transition from the Mughal legal system,
the lawyers under that regime, the “waqils”, also followed suit, although
they mostly continued their former role as client representatives. The
doors of the newly established Supreme Courts were closed to Indian
practitioners as the right of audience was restricted to members of the
English, Irish and Scottish professional organizations. Subsequent rules
and statutes culminated in the Practicing Lawyers Act of 1846, which
opened up the profession regardless of nationality or religion. The coding
of the law also began in earnest with the formation of the first legal
commission. Under the leadership of its chairman, Thomas Babington
Macaulay, the Indian Penal Code was drafted, adopted and enforced by
1862. The same commission developed the Code of Criminal Procedure.
Numerous other laws and codes such as the Evidence Act (1872) and the
Contracts Act (1872).

Post – Independence
At the dawn of independence, the parliament of independent India was
the forge where the document was worked out, which would guide the
young nation. The drafting of a constitution for a new independent state
rests on the sharp legal mind of B. R. Ambedkar. The Indian Bar has
played a role in the independence movement that cannot be
overestimated: there is ample evidence that the movement's highest
leaders across the political spectrum were lawyers. The new nation saw
 its first leader in Jawaharlal Nehru and a fatherly figure in M. K. Gandhi,
both exemplary jurists. Perhaps it was the subsequent understanding of
law and its relation to society that motivated the Founding Fathers to
dedicate the energy needed to shape a Constitution of unprecedented
scope both in scope and scope. The Constitution of India is the guiding
star in all matters of executive, legislative and judicial power in the
country. It is expansive and aims to be sensitive. The constitution turned
the system, originally introduced to preserve colonial and imperial
interests in India, towards public welfare. The constitution, directly and
through judicial interpretation, aims to empower the weakest members of
society.
In India, organic law operates as a consequence of the common law
system. Through court rulings and legislative action, this has been
adapted to Indian conditions. The movement of the Indian legal system
towards a paradigm of social justice, although undertaken independently,
can be seen as a reflection of changes in other territories with a common
law system. From the contrivance of the colonial masters, the Indian legal
system has become an integral part of the world's largest democracy and a
decisive front in the battle to ensure the constitutional rights of every
citizen.

On my opinion the freedom struggle against the Britishers provided us

various statutes that we didn’t felt necessary to change, but the
Constitution of India was the document that stood on the expectations of
the not the rulers who ruled for about centuries but on the expectations of
each and every person who was a part of the Indian Freedom Struggle.
And the Indian Laws and the legal profession we see today would not
have been so binding and consistent in the absence of a well-established
framework of law and legal profession.
Q2. “ASATO MA SADGAMAYA TOMASO MA JYOTIRGAMAYA- This 40 marks CO2, CO3
phrase means to take a person from untruth to truth and to lead from
darkness to light. When a client comes to the chamber of an advocate,
expect to take his case from the darkness to light and untruth to truth. But
to take a case from darkness to light, an advocate must be aware of
the  seven lamps of advocacy.”

Discussing the role of lamps of advocacy as professed by Sir Edward

Abbott Parry explain in brief the importance of each lamp for an
advocate.
ANSWER

In the case of J.S. Jadhav v. Mustafa Haji Mohamad Yusuf The

Honorable Supreme Court of India noted that “Advocacy is not a trade
but a calling; a profession whose hallmark is fidelity to duty. Sincerity of
action and seriousness of effort are the two wings that will lift the
defender to the pinnacle of success. Given these virtues, other qualities
will follow of themselves. That is why the legal profession is
considered noble.” Thus, the juridical brotherhood, centered on
upholding and strengthening the concept of justice, is a semblance of
nobility, which must be maintained and followed by people immersed in
it. In general, ethics deals with necessary qualities that encompass a well-
founded standard of righteous behavior as a code of conduct that explains
what a person should do, that is, his rights and obligations. Like any
profession, the legal profession is enshrined in a code of generally
accepted ethics. Undoubtedly, the fundamental principle on which this
noble profession is built is professional ethics. Such legal professional
ethics establishes a code of ethics that a legal entity must have in order to
maintain law and justice, balancing the relationship between the bar and
the court.

Seven lamps of advocacy

 Honesty
 Courage
 Industry
 Wit
 Eloquence
 Judgement
 Fellowship

Honesty

Honesty must be reflected in the thoughts, words and conduct of the

lawyer. It is honesty that enhances the personal and professional
reputation of a person in society. The reputation of a lawyer is something
that includes his fame and trust from clients and the bar. A lawyer is
expected to be honest in handling a case, presenting arguments and
presenting oral and documentary evidence in court. The judge decides the
case on the basis of the presentation and arguments made by the lawyer
on behalf of his client. If the wrong fact presented by a lawyer can punish
an innocent person.

AN advocate should be honest to :-

 His client
 With his opposition
 With the law

Courage

Courage is one of the important factors in the seven advocacy lamps.

Courage means the ability to stand before judgment without any fear. A
lawyer should feel proud and confident when speaking on a case. This
develops the lawyer's ability to convince the judge that his true and honest
facts represent the interests of his client. A lawyer faces many challenges
when dealing with civil and criminal cases. He must have the courage to
stand up in such a case and fearlessly eliminate these problems. He had to
be ready to fight against all problems and social vices. Lawyers can use
courage as a weapon, but for this they must have a deep knowledge of the
law. Not all cases are easy to handle, a lawyer can get a case involving
murder, marital rape, infringement, child labor, etc. He must have the
courage to take on any case.

Industry

Ignorance of the law is not an excuse. He must have knowledge of the

law by which he deals in the case. We all know that the law is like the
ocean; no one can be the master of the law. But a lawyer must be aware of
the law applicable to the case in which he is dealing. Lawyers must have
the knowledge, attitude and skills to handle a case. In order to gain
knowledge of the law and understand the law, he had to devote enough
time to it. No lawyer can win a case without sufficient knowledge of the
law. He must have given the case some time to handle the case perfectly
and increase his chances of winning it. Our law is not static, it is
constantly changing with the need of society each time to solve various
new problems of society. The lawyer must update himself with these
new laws. Even if a lawyer has handled all cases fairly well in the past
and is now unaware of the new laws, he will now face difficulties in
handling the case. There is no other way but to work hard.

Wit
Wit is a necessary lamp to illuminate the darkness of protection. Being
witty helps defenders focus on their job and reduce workload so he can
stay relaxed. This automatically relieves the lawyer's mental stress so that
he can think beyond his mind. A well-prepared speech by a lawyer before
a judge does not always work. The lawyer must answer the questions of
the judge, and this question will test the wit and presence of mind of the
lawyer. The questions asked by the judges test the intellect and
knowledge of the lawyers related to the case. It often happens that a
lawyer forgets to present something in court or does not answer some
questions in court. At that time, it is the lawyer's wit that helps him fill
this gap.

Eloquence

The art of speaking is the candle of eloquence. In front of the judge, each
attorney makes his case. However, eloquence is the ability to present
arguments in such a way that they leave a lasting impression on the judge,
as well as the clients and audience in the courtroom. Eloquence is an oral
art utilised by an advocate for fluent and skilful speech that affects the
judge’s soul.

Judgement

The torch of judgement denotes a thorough examination of the current

situation before forming an informed opinion. An advocate should
consider both sides of a case since this will aid him in comprehending the
case’s implications. Advocates comprehend the benefits and demerits of a
matter by knowing it from both sides. It aids him in anticipating issues
and addressing them with his other advocacy lamps.

Fellowship

One of the most crucial aspects of advocacy is fellowship. An advocate

must maintain friendship with his peers. When an advocate takes on a
case and defends it, he does so against a counter-argument. But that does
not make them adversaries; they are simply making arguments for the
sake of justice. Following the conclusion of the argument in the
courtroom, the advocate should respect his opposing counsel. Even when
making a legal case in court, an advocate must respect the opposing
counsel. The reason for this is that it is not a struggle between them, but
rather a fight for justice.
Q3. “The Advocates Act, 1961 is an autonomous act of law that governs and 30 marks CO2,CO3
empowers the legal profession in India. Extending across the country, the
Advocates Act, 1961 is passed by the Parliament, of India, providing the
laws for legal practitioners and the constitution of the Bar Council of
India as well as state bar councils. The act reserves the rights of legal
enrollment, professional ethics, admission, practice, discipline,
education, regulations, improvisations, and law reforms, etc. for legal
professionals namely, Indian Lawyer and advocates practicing in India.”

In light of the provisions of the Advocates Act, discuss the right of an

advocate to practice examining the provisions of the Advocates act and
the constitution of India.(15 marks)

ANSWER
A lawyer is a professional or expert in the field of law. The Law on
Advocates is the Advocates Act 1961, which was introduced by Ashok
Kumar Sen, then Minister of Justice of India. The Lawyers Act, 1961 is a
law enacted by Parliament, which is overseen and implemented by the
Bar Council of India. The Bar Council of India is the main administrative
body responsible for the entire system and consistency of law in India. In
India, each state has its own Bar Council whose role is to register
barristers who wish to practice in a particular state or region.
The registration of a lawyer with the State Bar Council does not limit his
practice in that particular state or region and such a lawyer is allowed to
appear in any court in India. Essentially, the state bar councils play the
role of sharing the burden of the Indian Bar Council. State bar councils
handle local issues more smoothly. The requirements for being a lawyer
in India are twofold. First, the applicant must have a law degree from a
registered institution in India (or one of the four prospective universities
in the United Kingdom). Secondly, the applicant must transfer the skills
enrolled in the Bar Council of the state in which the applicant wishes to
enter.
The expression "right to practice law" refers to the exclusive right granted
to lawyers to practice law before courts and tribunals. The right to
practice is protected at two levels, namely:
General protection: 1. Article 19(1)(g) of the Constitution of India
protects the right of people to practice as they choose
2. Special protection. Section 30 of the Lawyers Act 1961 states that a
person who is a member of the state bar council has the right to plead
before any court or tribunal in India, which also includes the Supreme
Court. The Central Government has recently put this section into effect by
notice