SYMBIOSIS LAW SCHOOL, PUNE

INTERNAL ASSESSMENT – PROFESSIONAL ETHICS & ACCOUNTING SYSTEMS (CLINICAL

COURSE III)

TOPICS ON -

 CASE ANALYSIS
 ACCOUNTANCY PROBLEM
 WRITTEN SUBMISSION

NAME: ADITYA KHANNA

PRN: 17010125135
DIVISION: B (BA.LLB(HONS.))
DATE OF SUBMISSION: 22ND NOVEMBER, 2021.

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 COMPONENT 1: CASE ANALYSIS

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 IN RE: ARUNDHATI ROY

Citation: [AIR 2002 SC 1375 : (2002) 3 SCC 343]

FACTS
The Respondent authored an essay titled "The Greater Common Good" in response to a
Supreme Court ruling in the Narmada Bachao Andolan case that enabled the dam's height to
be increased. Following that, the Court issued an order ordering the Respondent to "desist
from behaving in a way that has a potential to obstruct the proper administration of justice."
Following that, the Narmada Bachao Andolan and the Respondent staged a Dharna in front of
the Supreme Court, chanting insulting chants against the court and accusing it of lack of
integrity and dishonesty. As a result of a police report, contempt procedures were initiated.
Respondent's answer to the show cause notice, in addition to the denial, attacked the Court for
initiating proceedings in the first place. Suo moto contempt proceedings were filed against
the Respondent for imputing motives to the Court based on the aforesaid allegations.

ISSUES
Whether Ms. Roy's affidavit's paragraphs constituted contempt of court under the Contempt of
Courts Act?

RULES

 The Constitution of India, 1950

 Article 19(1)(a)- Freedom of Speech and Expression and Article 19(2)- Exceptions to
Article 19(1)(a)
 Article 129- Supreme Court shall be a Court of Record and shall have all the powers of
such a Court including the power to punish for contempt of itself.
 The Contempt of Courts Act, 1971 (hereinafter referred to as the Act)
 Section 2(c)- Definition of criminal contempt

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 Section 12- Punishment for contempt of court
 Section 14- Procedure where contempt is in the face of the Supreme Court or a High Court.

ANALYSIS
The Court dismissed the Respondents' preliminary argument seeking recusal of the judges
who issued the notice of contempt in this case. The decision to refuse recusal appears to be
erroneous, as it contradicts the law set out in Section 14 of the Act. Natural justice, due
process requirements after the Maneka Gandhi v. UOI1 ruling, and common ideas of fairness
all urged that the judge refuse to hear the case and disqualify himself from the bench. In
contempt proceedings launched by the court suo moto, there is a propensity to inherit
prejudice, resulting in a risk of unfairness and a breach of the contemnor's valued liberties.
The Respondent's contention that the issue of whether truth might be pled as a defence to
contempt proceedings required to be decided was rejected as irrelevant.
The objective of the contempt proceedings, according to the Court, was to maintain public
trust in the legal system. The statement "must be made in good faith and in the public interest,
which is to be gauged by the surrounding circumstances, including the person responsible for
the comments, his knowledge in the field regarding which the comments are made, and the
intended purpose sought to be achieved," according to the Court. Furthermore, the Court
differentiated this case from P.N. Duda v. P. Shiv Shanker 2, in which the Supreme Court
weighed complaints of the judiciary made by a former member of the court. As a result,
culpability in contempt proceedings will vary depending on who makes the criticism of the
court system. Furthermore, the Supreme Court's remark that the statute "punishes the archer
as soon as the arrow is shot, regardless of whether it misses the target" reveals another oddity
in the law (as construed) about the necessity of mens rea in a charge of contempt.

CONCLUSION
Criminal contempt is defined under the Contempt of Courts Act of 1971 as conduct that
"scandalises the court" or "prejudices judicial processes" without any clarification of these
essential phrases. There are minimal restrictions on the use of this authority, and it is likely to
be used arbitrarily most of the time. The Court has often failed to recognise that the court's
authority, which is enforced by contempt sanctions, might elicit submission but not respect.

1
1978 AIR 597: 1978 SCR (2) 621.
2
1988CriLJ1745

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 IN A.S. MOHD RAFI VS STATE OF TAMIL NADU

Citation: AIR 2011 SC 308

FACTS
Accused cops have a legal right to be represented. The resolution passed by the Bar
Association not to defend the accused police officers in the criminal case against them was
completely illegal, going against all of the bar's traditions and professional standards. Since a
result, the Bar Association's action in approving a resolution stating that its members would
not appear for the accused cop was unjustified, as it violated all constitutional, statutory, and
professional ethics principles. Police officers filed a Special Leave Petition against the Bar
Association of Coimbatore's resolution that no member of the Coimbatore Bar will defend the
accused cops in the criminal case.

ISSUES
Under the Bar Council of India Rules, are resolutions issued by High Court and District Bar
Associations not to defend policemen valid?

RULES
 Constitution of India, 1950
 Bar Council of India Rules
 Advocates Act, 1961

ANALYSIS
The legality of the Bar Association's decision that none of its members will appear for the
accused was raised in this case. This was due to the numerous resolutions passed by Bar
Associations on the subject.
1) They will not defend a specific individual or persons in a specific case.

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2) Clashes between police officers and lawyers, with no one willing to represent officers in
criminal cases.
3) That they will not defend someone suspected of being a terrorist, or anyone accused of a
cruel or horrific act, or anyone accused of rape.

The Rule of Law and Democracy

In a country founded on democratic constitutionalism, democracy and the rule of law can
only be preserved by ensuring that everyone has access to justice through the legal system,
with no one being refused or deprived of their right to be represented by a lawyer.
The Indian Constitution of 1950 and the Right to Representation
The Indian Constitution and the Bar Council of India's Rules impose an obligation on
attorneys to defend matters and not to decline to accept briefs. The Indian Constitution
guarantees that no person arrested would be held in jail without being notified of the reason
for his arrest as quickly as possible, and that he will not be denied the opportunity to consult
and be defended by a lawyer of his choice.No arrestee shall be kept in custody without being
notified of the basis for such arrest, nor shall he be denied the right to consult and be
defended by a legal practitioner of his choice, according to sub-clause (1) of Article 22 of the
Indian Constitution. A Bar resolution stating that no member of the Bar will appear for a
certain accused violates the principles of natural justice entrenched in the Indian Constitution,
as well as state and professional ethics. It also goes against the Bar's tradition of taking cases
in which people were charged with serious crimes but were nonetheless represented.
Statutory Provisions Espousing Professional Ethics
The Bar Council of India's regulations provide that an advocate must accept any brief in
Courts, tribunals, or other authorities in or before which he intends to practise at a fee
commensurate with his standing at the Bar and the nature of the matter. Despite the fact that
unforeseen circumstances may excuse his rejection to accept a certain brief. As a result,
professional ethics dictates that a lawyer cannot refuse a brief if the client is willing to pay his
fee and the lawyer is not otherwise occupied.

CONCLUSION
The court correctly determined that such decisions were completely unconstitutional, in
violation of all bar traditions and professional standards. Every person, no matter how evil,
depraved, filthy, degenerate, perverted, hideous, execrable, cruel, or repugnant in society's
eyes, had the right to be defended in a court of law, and it was the lawyer's responsibility to

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defend him. As a result, the Bar Association's action in passing a resolution that its members
would not appear for a specific accused, whether on the grounds that he was a police officer,
a suspected terrorist, a mass murderer, or otherwise, was unjustified, as it violated all
constitutional, statutory, and professional ethics norms.

IN EX. CAPT HARISH UPPAL VS UNION OF INDIA

Citation: AIR 2003 SC 73 9.

FACTS
The Petitions address the subject of whether lawyers have the ability to strike and/or call for
court boycotts. All of these petitions seek a determination that such strikes and/or boycott
calls are illegal. Because the issues were so important to the legal profession, public notices
were sent to all of the country's Bar Associations and Bar Councils. Some Bar Associations
and Bar Councils have filed responses and appeared before us to make submissions in
response to those notices.

ISSUES
Whether or not lawyers have the right to strike and/or call for court boycotts?

RULES
 Advocates Act, 1961,
 Indian Constitution, 1950

ANALYSIS
Lawyers are an integral aspect of the judicial administration system. Courts may ignore a
one- day demonstration on an issue impacting the dignity, integrity, and independence of the
Bar and judiciary if the protest does not last longer than one day. The right of an advocate to
practise encompasses a wide range of actions that he must carry out in the course of his
professional duties. He can be consulted by his clients, give his legal opinion when requested,
draught instruments, pleadings, affidavits, or any other documents, participate in any
conference involving legal discussions, work as a legal officer in any office or firm, and
appear for clients before an arbitrator or arbitrators, among other things.

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Such a guideline would have no bearing on all of an advocate's actions during his practise.
Even if he is not permitted to attend in court, he may file Vakalat on behalf of the client. The
Bar Council cannot claim that what happens inside the Court can be governed by them in the
exercise of their disciplinary powers because it is an issue of the court.
Without a doubt, the right to practise is the genus from which the right to present and conduct
matters in court may be a specie. However, the right to attend and conduct proceedings in
court is an issue over which the Court must and does exercise significant supervision and
control. As a result, courts cannot and do not relinquish control or oversight of in-court
conduct simply because it may concern an advocate's right. A rule can state that a person who
has committed contempt of court or has behaved unprofessionally and in an unfit manner in a
courtroom will not be permitted to appear, plead, or handle cases in that courtroom. The Bar
Councils have no authority to overturn such a rule governing the orderly conduct of court
proceedings. On the contrary, it will be their responsibility to ensure that such a rule is
followed to the letter. Courts of law are built in such a way that the grandeur of law and
justice is revered and respected. The Court is in charge of the apparatus that ensures that
justice is served according to the law. The Courts are required to conduct themselves in a
respectful and orderly manner at all times.
The mere presence in court of an advocate who has been found guilty of contempt of court or
of unseemly or unprofessional conduct would diminish the Court's dignity and even destroy
its majesty, as well as undermine the public's faith in the Court's efficacy.
The ability to enact such rules must not be confused with the right to practise law. The Courts
have control over the former, while the Bar Council has control over the latter. The
discrepancy in terminology between Section 49 of the Advocates Act and Article 145 of the
Constitution of India and Section 34(1) of the Advocates Act, on the one hand, and Article
145 of the Constitution of India and Section 34(1) of the Advocates Act, on the other,
highlights this distinction. Section 49 only enables the Bar Council to make rules establishing
the conditions under which an Advocate may practise, i.e. perform all of the other activities
listed above. However, Article 145 of the Indian Constitution authorises the Supreme Court
to set rules governing the Court's practise and procedure, including rules governing those who
practise before it. Similarly, Section 34 of the Advocates Act authorises High Courts to make
regulations, including establishing conditions under which an Advocate may be admitted to
practise in India. Other provisions of the Advocates Act, on the one hand, and Section 34 or
Article 145 of the Indian Constitution, on the other, do not conflict or clash. Article 145 of
the Indian Constitution and Section 34 of the Advocates Act make it plain that an Advocate

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does not have an absolute right to present in court. An Advocate appears in court
under the

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conditions imposed by the court. It is important to note that Section 30 has not been
implemented, demonstrating that there is no absolute right to appear in court. Even if Section
30 were to become effective, the Court would still have control of the proceedings. As a
result, even then, the right to appear in court will be subject to court-imposed constraints, just
as practise outside of court would be.

to the standards set forth by the Bar Council of India Furthermore, a strike was a tool
employed by oppressed, destitute people, or industrial personnel who had no other means of
redressing their problems to obtain justice.This Court concluded that the Court could not
decline to hear the case since doing so would imply that the Court was aware of the strike.

CONCLUSION
The Court correctly stated, through S.N.Variava J, that lawyers do not have the right to strike
or advocate for a boycott, even if it is a token strike. If a protest is required, it can only be
carried out through press statements, television interviews, banners and/or placards carried
outside the Courthouse, wearing black, white, or any other colour arm bands, peaceful protest
marches outside and away from the Courthouse, dharnas or relay fasts, and so on. Lawyers
who hold vakalats on behalf of their clients are unable to decline to appear in court in
response to a strike or boycott call. Any demand for a strike or boycott must be defiantly
rejected by all lawyers. The Bar Association or the Bar Council cannot impose any negative
consequences on any lawyer, and no threat or coercion of any kind, including expulsion, can
be made. No Bar Council or Bar Association can allow a meeting to be called to consider a
strike or boycott call, and any summons for such a meeting must be ignored. Courts may
overlook (turn a blind eye) to a protest abstinence from work for no more than one day only
in the rarest of instances where the dignity, integrity, and independence of the Bar and/or the
Bench are at stake.

IN BAR COUNCIL OF INDIA VS BOARD OF MANAGEMENT, DAYANAND

COLLEGE OF LAW

Citation: AIR 2007 SC 1342

FACTS

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Following an inspection, the Bar Council of India determined that the respondent lacked a
legal qualification in accordance with University Statute 11.4, as amended in 1995. It was
necessary for a Principal to obtain a PhD in one of the college fields. In two Writ Petitions,
the Bar Council of India challenged the High Court of Allahabad's judgments, claiming that
the appointment of respondent No. 5 as the Principal of the Dayanand College of Law was
valid and within the authority of the State of Uttar Pradesh and the Chhatrapati Shri Sahu Ji
Maharaj Kanpur University, Kanpur. On December 11, 1995, Respondent No. 5 was named
Principal of the aforementioned Law College.

ISSUES
Is it required for the incumbent to comply with the Rules of the Bar Council of India
notwithstanding the University Statute being amended?

RULES
 Advocates Act, 1961
 U. P. State Universities Act, 1973

ANALYSIS
The Indian Bar Council is a body that represents lawyers in India. The Bar Council of India,
while exercising its rule-making authority, creates rules. Part IV of the document discusses
legal education, including its duration, syllabi, and other topics. The five-year law course is
covered in Section A, whereas the three-year law course is covered in Section B. A degree in
law earned from a university will not be recognised for the purpose of enrolling as an
advocate under the Advocates Act unless the qualifications set forth therein are met,
according to Section A Rule 2. Only then may a student graduating from that university enlist
as an advocate. Rule 17(1) states that no college shall give instruction in a course of study in
law for enrolment as an advocate after the Rules take effect unless its affiliation has been
recognised by the Bar Council of India. Even though the Bar Council of India has not been
entrusted with direct control of legal education in the sense that a University has, the Bar
Council of India retains adequate power to control the course of legal studies, the power of
inspection, the power of degree recognition, and the power to deny enrolment to law degree
holders unless the University from which they graduate is recognised by the Bar Council of
India. The first task of a court confronted with a set of parallel provisions relating to the
appointment of a principal
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of a law college, such as the one in the amended provision of the Statute under the University
Act and the Rules made by the Bar Council of India, which could ultimately refuse to admit a
graduate of law coming out of the University to enrolment as an advocate, which alone would
entitle him to practise, is to determine whether the provisions can be reconciled or harmed.
The Advocates Act falls under Entries 77 and 78 of List I of the Seventh Schedule, according
to the judgement of the Constitution Bench in O.N. Mohindroo v. The Bar Council of Delhi
and Ors. (supra). The appointment of a Principal of a College linked with the relevant
University is left to a Higher Education Services Commission under the University Act, and
respondent No. 5 was included in the panel of selected applicants following that
Commission's due process. It's also true that, on the advice of the Director of Higher
Education, the State Government might designate anyone from that list as Principal of any
College, including a Law College. However, when it comes to the appointment of a Principal
of a Law College, there should be no difficulty in the Recommending Authority or the State
Government recognising that, in light of the Advocates Act of 1961 and the rules framed
thereunder, a person duly qualified in law is required to be the Principal of that Law College
in the interests of the students who will graduate from that College. The State and the
Recommending Authority must make every effort to ensure that students who graduate from
the College have no difficulties and that their professional careers are not threatened as a
result of the Government's decision to designate a Principal to a Law College. As a result,
even as it follows its process for selecting a Principal, the State must ensure that the
appointment it makes is in accordance with the Advocates Act and the Bar Council of India's
norms.

CONCLUSION
When it comes to the appointment of a Principal of a Law College, the Recommending
Authority and the State Government must follow the provisions of the Advocates Act and the
Bar Council of India's norms, according to the Court in this case. The Bar Council of India is
primarily concerned with legal education, while it is possible that legal education falls under
the purview of universities. However, as India's premier professional body, the Bar Council
of India is concerned with the legal profession's standards and the equipment of those seeking
to enter it. As a result, the Bar Council of India is concerned about legal education in the
country. Instead of taking a pedantic approach to the problem, the State Government and the
Recommending Authority are expected to ensure that the Bar Council of India's criterion is
likewise met.

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 IN DR. DC SAXENA, CONTEMNOR VS CHIEF JUSTICE OF INDIA

Citation: AIR 1996 SC 2481

FACTS
After losing his first writ petition, the petitioner made outlandish charges against the then
chief judge, A.H. Ahmadi, in a second one filed against the then Congress president, P.V.
Narasimha Rao, for allegedly failing to pay his dues to the exchequer. The petitioner claimed
that Chief Justice Ahmadi had permitted the President to evade paying his dues by treating
him as if he were a separate class, and that the CJI should not be granted legal immunity and
should face criminal charges.

ISSUE
Whether the Contemnor's accusation of the Chief Justice of India constitutes contempt of
court?

RULES
Article 129 of the Constitution of India, 1950
Section 2(c) and Section 4 of the Contempt of Courts Act, 1971

ANALYSIS
In this regard, the Court alluded to the scope of Article 19's guarantee of freedom of speech
and expression. Such freedom includes the right of a person to bring the flaws in any
institution, including the judiciary, to the attention of the general public. Indeed, in the sake
of the institution, the right to express healthy and constructive criticism that is fair in spirit
must be preserved. Judges have a social responsibility, which must be judged by their
conscience and

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oath to their office, which is to defend and preserve the Constitution and laws without fear or
favour.
The Supreme Court, however, held in E.M.S. Namboodiripad v. T. Narayanan Nambiar3
that Article 19's guarantee of freedom of speech and expression does not protect a person
from scandalising judges or courts because it tends to bring the authority and administration
of law into disrepute and disregard, and is tantamount to contempt.
Scandalising the court, in the context of section 2(c) of the Contempt of Courts Act, would
imply negative criticism of judges as judges or the judiciary. Any personal attack against a
judge in relation to the office he holds is subject to libel or slander laws.
In plain and unmistakable terms, the Petitioner, an English professor, emphasised and
repeated that the averments against the Hon'ble CJI were "truthfully and carefully" expressed.
As a result, it was deduced that the contemnor petitioner's charges amounted to gross
contempt. At one point, he claimed that because the initial writ petition was not considered
by a bench of at least five judges, the writ petition was not dismissed in the eyes of the law,
and the dismissal decision was "not decided and disposed of constitutionally." This
declaration of the petitioner, as held by the court, contradicted the judicial finality of this
Court's order and called into doubt the court's authority. It bred a desire to obstruct the
administration of justice, and as a result, it was regarded as egregious criminal contempt.
He did not provide an unqualified apology, and this Court is not obligated to consider such an
unconditional apology. The petitioner's contempt was deemed to be of the gravest magnitude
of the contumacious behaviour based on the totality of the facts and circumstances.

CONCLUSION
The virtue of freedom of expression is that it allows the truth to emerge. It assists in the
disclosure of errors, bias, and even corruption. The growth of judicial dignity, forensic
advocacy abilities, and the safeguarding of fraternity, equality, and justice are all aided by
freedom of expression in arguments. When an advocate or a party appearing before the court
is required to behave himself in a manner befitting the dignity and decorum of the court, he
cannot have free reign to make slanderous claims or scandalise the judge or the court in his
pleadings. If the judge who decides the case's reputation and dignity are allowed to be
prescribed in the pleadings, respect for the court would swiftly dwindle, and the judiciary's
independence will be a thing of the past. As a result, the Hon'ble Supreme Court correctly

3
1970CriLJ1670

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convicted the contemnor for contempt of court and the Hon'ble Chief Justice of India in this
case.

IN RD SAXENA VS BALRAM PRASAD SHARMA

Citation: AIR 2000 SC 3049

FACTS
The Madhya Pradesh State Co-operative Bank Ltd recruited the Appellant as its legal advisor
and kept him for several years. The Bank eventually terminated the appellant's retainership
and demanded that he return all of the Bank's case files. Instead of surrendering the papers,
the appellant sent the Bank a consolidated bill for Rs. 97,100/-, which he claimed was the
balance due from the Bank for the legal fee to which he was entitled. He informed the Bank
that the files were being held as a lien and would only be returned once his debts were paid.
The Managing Director of the Bank filed a complaint with the State Bar Council (Madhya
Pradesh) Disciplinary Committee under Section 36-B of the Advocates Act, and the
proceedings were forwarded to the Bar Council of India. The appellant admitted that the files
were not returned in his response to the Bar Council, but claimed that he had a right to keep
them by exercising his right of lien, and offered to restore them as soon as payment is made.

ISSUES
Does the advocate have a lien on the lawsuit materials entrusted to him by his client for his
fees?

RULES
 Section 171 of Indian Contract Act, 1872 (the “ICA”)- General lien of bankers, factors,
wharfingers, attorneys and policy-brokers
 Section 148 of the Contract Act, 1872-Bailment’, ‘bailor’ and ‘bailee’ defined
 Order 3, Rule 4(1) of the CPC- Appointment of pleader
 Article 22 (1) of the Constitution of India - Protection against arrest and detention in
certain cases

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 Section 35 of the Advocate’s Act.-Punishment of advocates for misconduct.

ANALYSIS
The word "goods bailed" is used in Section 171 of the ICA to describe items that can be kept
by Attorneys in the form of a Lien. As a result, the article must qualify as goods under the
Sale of Goods Act of 1930 ("SOGA"), as well as meet the definition in Section 148 of the
ICA. While determining the scope of the term "goods" under SOGA, the court in Union of
India and Anr. v. Delhi Cloth and General Mills Co. Ltd. held that an article must be
something that can typically come to the markets to be bought and sold, i.e. it must be
marketed or marketable. As a result, case documents and records are not considered goods.
The articles also do not qualify the phrase "bailment" as defined under Section 148 because
there is no delivery of goods or any contract that they will be returned or otherwise disposed
of when lawsuit papers are in the hands of the advocate.
The term "misconduct" is not defined under Section 35 of the Advocates Act. The term
"misconduct, professional or otherwise" is used in the section. As a result, the Court referred
to the concept of 4. Article 22 (1) of the Indian Constitution - Protection from arrest and
imprisonment in certain circumstances Darling, J., gave a statement of misbehaviour in Re
When it is demonstrated that an advocate has done something in the course of his profession
that would be fairly viewed as disgraceful or dishonourable by his professional brethren of
good repute and competency, it is open to say that he is guilty of professional misconduct. As
a result, the Court determined that the appellant's reluctance to release the files to the client
when he demanded them constituted misconduct under Section 35 of the Act.

CONCLUSION
It was decided that a lawyer does not have a right of lien over the client's case files and
materials, and that an Advocate has other ways to recover his remuneration. In this example,
the principle was made tangible, and it is still in use today.

IN MAHIPAL SINGH RANA VS. STATE OF UP

Citation: AIR 2016 SC 3302

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FACTS

An appeal is preferred under Section 19 of the Contempt of Courts Act, 1971 against the
judgment and order delivered by the High Court of Judicature at Allahabad, whereby the
High Court found the appellant guilty of Criminal Contempt for intimidating and threatening
a Civil Judge (Senior Division), and sentenced him to simple imprisonment of two months
with a fine of Rs. 2,000/- The High Court further directed the Bar Council of Uttar Pradesh to
consider the facts contained in the complaint of the Civil Judge (Senior Division) and to
initiate appropriate proceedings against the appellant for professional misconduct.

The appeal was admitted by Supreme Court and the part of the impugned judgment, which
imposed the sentence, was stayed and the appellant was directed not to enter the Court
premises. Notice was issued to the Supreme Court Bar Association, Bar Council of India and
to the Attorney General.

ISSUE

Court’s jurisdiction vis-à-vis statutory power of Bar Council on conviction of an advocate for
criminal contempt and his right to practise

RULES
The Advocates Act, 1961

 Section 38 Appeal to the Supreme Court

 Section 24A. Disqualification for enrolment
 Article 129. Supreme Court to be a court of record

ANALYSIS

In Supreme Court Bar Association v. Union of India, the court while examining its powers
under Article 129, held that this Court cannot take over jurisdiction of disciplinary committee
of the Bar Council and it is for the Bar Council to punish the advocate by debarring him from
practice or suspending his licence. It was further held that this court or the High Court can

prevent the contemnor advocate from appearing before it or other courts till he purges himself
of the contempt which is different from suspending or revoking the licence or debarring him
to practice. Moreover, the Rule for barring a lawyer from appearing in any court till he got

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himself

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purged of contempt by an appropriate order of the court does not violate Articles 14 and 19 (1)
(g) of the Constitution nor amounts to usurpation of power of adjudication and punishment
conferred on the Bar Councils.

In R.K. Anand v. Registrar, Delhi High Court with reference to Section 34 of the Advocates
Act, it was held that the court has a right to bar the advocate concerned from appearing before
the courts for an appropriate period of time. Regulation of right of appearance in courts is
within the jurisdiction of the courts.

In Supreme Court Bar Association, it was held that where the Bar Council fails to take action
inspite of reference made to it, this Court can invoke its appellate power under Section 38 of
the Advocates Act and exercise suo motu powers for punishing the contemnor for
professional misconduct.

In view of such failure of the statutory obligation of the Bar Council of the State of Uttar
Pradesh as well as the Bar Council of India, this Court has to exercise appellate jurisdiction
under the Advocates Act in view of proved misconduct calling for disciplinary action.

CONCLUSION

The Supreme Court disposed of this appeal and upheld the conviction and the direction by the
Allahabad High Court that the advocate shall not be permitted to appear in courts in District
Etah until he purges himself of contempt. The Court also held Section 24A of the Advocates
Act applies to an advocate also and under this the enrolment of the contemnor Advocate will
stand suspended for two years. The Court also said that, as a disciplinary measure for proved
misconduct, the licence of the contemnor will remain suspended for further five years. The
Court has however set aside the imprisonment imposed on the Advocate.

IN PANDURANG DATTARAYA KHANDEKAR VS BAR COUNCIL OF

MAHARASHTRA

Citation: Bombay (1984 1 SCR 414)

FACTS

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A group of 12 advocates practising in the Collectorate of Poona's two Sub-Divisional
Magistrates courts filed a complaint against two people, (Appellant) and another, alleging
various acts of professional misconduct under Section 35 of the Advocates Act, 1961
(hereinafter "Act"). Under Section 36B of the Act, the proceedings were transferred to the
Bar Council of India. By judgement dated April 23, 1976, the Disciplinary Committee of the
Bar Council of India found both the appellant and another guilty of professional misconduct
and ordered that the appellant be suspended for four months and Agavane be suspended for
two months. These disciplinary processes were challenged in this case under Section 38 of
the Act.

ISSUES

 Whether there was any evidence on which the Disciplinary Committee could properly
conclude that they had committed "professional misconduct" as defined by Section 35(1)
of the Act.
 Whether the Disciplinary Committee's judgement of professional misconduct on the
appellant's side may be lawfully upheld.

RULES

 Sections 35 and 38 of the Advocates Act

ANALYSIS

Many instances have established the threshold for what constitutes "grossly inappropriate
behaviour in the execution of professional obligations," one of which is In re A Solicitor Ex
pane the Law Society.Similarly, in the legal profession, an act that constitutes professional
conduct must be accompanied by moral delinquency on the part of the legal practitioner.

In an appeal under Section 38 of the Act, the Court cannot, as a general rule, disagree with
the Disciplinary Committee's concurrent finding of fact unless it is based on no evidence or is
based on mere conjectures and surmises.

In all such circumstances, the test is whether the advocate's proven wrongdoing is such that
he is unfit to remain a member of the honourable profession to which he has been admitted,
and unfit to be entrusted with the responsible obligations that an advocate is called upon to
fulfil.
25 | P a g e
26 | P a g e
The complainant's oral evidence was insufficient to overcome the assumption of marriage
coming from the couple's recitals in the first charge, and the lady firmly stated that she never
sought the appellant for any work in the second allegation. As a result, it cannot be said that
the appellant was at fault, and the DC erred in finding the appellant guilty of professional
misconduct because the complainants failed to provide the required proof, despite the fact
that the circumstances do raise significant suspicion about the manner in which they have
been conducting their affairs, which deviates from professional ethics norms.

CONCLUSION

The Supreme Court took into account the age of the lawyers, their families, the environments
in which they practise, and the standards that are maintained in such an environment, and
took a lenient stance, adding as an observation that lawyers should not go touting for work
under any circumstances, and that the little extra work you get will not either make you
successful or counteract the bad impression you will make on many people inside and outside
the courtroom.

IN NORTANMAL CHAURASIA VS. MR MURLI & ANR

Citation: (AIR 2004 SC 2440)

FACTS
The appellant and the respondents in this case have a landlord-tenant relationship. The
respondents filed a rent control complaint against the appellant. They reportedly misbehaved
while the rent control case was pending in small claims court because of the following
actions of omissions and commissions: On 8.10.1993, when the appellant exited the court hall
after attending an appeal proceeding there, the first respondent reportedly approached him
from behind and struck him on the back before fleeing. On the 26th of October, 1993, when
the appellant was leaving the courthouse, the first respondent, accompanied by other
boisterous elements, threatened to kill him. On the same day, the incident was purportedly
reported to the police. The first respondent kicked the appellant on the knee of his left leg in
the courtroom with the intent to cause injury on 1.3.1995 during the lunch break, and while
the appellant was leaving the court hall with his advocate Shri S.Vijayranjan, the learned Xth
Judge left for his chamber during the lunch break, and while the appellant was leaving the
27 | P a g e
court hall with his

28 | P a g e
advocate Shri S.Vijayranjan, the first respondent kicked him on the knee of his left leg in
Following receipt of the appellant's complaint, the Bar Council of Tamil Nadu's disciplinary
committee began an investigation. The case seems to have been sent to the Bar Council of
India's disciplinary committee in the end.

ISSUES
 Can the Bar Council of India's ruling in BCI TR No.73/1997 refusing to investigate a
complaint of alleged misconduct on the part of the respondent be upheld under section 38
of the Advocates Act, 1961?
RULES
 Sections 38 and 35 of the Advocates Act of 1961,

ANALYSIS
In this case, the Disciplinary Committee evaluated the appellant's actions in order to
determine whether the respondents' actions constituted misconduct. There was no reason why
the appellant did not immediately file a complaint with the State Bar Council regarding the
incidents that occurred on October 8, 1993, and October 26, 1993. If his claim that he had
filed a first information report in respect to the incident on October 26, 1993 was true, there
was no reason why he did not pursue the matter further. Despite the fact that the police filed
final paperwork, as noted by the Bar Council of India, the appellant did not file a protest
petition or commence any other process before a criminal court. It was anticipated of the
appellant or his counsel, who is believed to be a retired district judge, to bring the occurrence
reportedly occurring inside the courtroom on 1.3.1995 to the attention of the court. Even in
regard to the claimed incidents on October 8, 1993, and October 26, 1993, no complaint was
filed with the court's presiding officer. There was no formal investigation into the alleged
occurrence on 1.3.1995.
As a result, the Bar Council's findings cannot be argued to be so illogical as to warrant
intervention by this court. They also added that in response to their question to Mr. Upadhyay
about whether any other incidence occurred after 1.3.1995, the learned counsel definitely
responded that no such incident occurred after that date. As a result, the court decided that the
case did not need to be pursued further. The appeal was turned down.

29 | P a g e
CONCLUSION
Disgraceful or dishonourable conduct that is unfit for the profession is referred to as
professional misconduct. The legal profession is not a business or a trade. As a result, it must
remain a sanitised profession. Advocates have a responsibility to protect the profession's
integrity and deter corruption so that citizens can obtain justice in a legal manner. A lawyer
must follow the rules of the profession in order to be considered a worthy officer of the court.

IN RK ANAND VS REGISTRAR, DELHI HIGH COURT

Citation: (2009) 8 SCC 106.

FACTS
The current case stems from a hit-and-run event in Delhi in which a car travelling at high
speeds slammed into a police checkpoint, killing six persons, including three police officers.
According to the prosecution, Sanjeev Nanda, who was drunk at the time, caused the
accident. A news station aired a broadcast in which Sunil Kulkarni, a key prosecution
witness, was seen meeting with IU Khan, the Special Public Prosecutor, and RK Anand, the
Senior Defence Counsel (and two others) and negotiating for his sell-out to the defence for a
very high sum. The telecast took place a few weeks after the court order and during his
testimony in the trial. A process was started by the Delhi High Court on its own initiative.
However, the High Court established and declared that RK Anand and IU Khan's actions
were fully within the definition of contempt under clauses (ii) and (iii) of Section 2(c) of the
Contempt of Courts Act. As a result, it found them guilty of contempt of court and, in
exercising its power under Article 215 of the Indian Constitution, barred them from appearing
in the Delhi High Court and its subordinate courts for a term of four months. RK Anand and
IU Khan had likewise forfeited their privilege to be classified as Senior Advocates, and the
Court recommended that they be stripped of the title.

ISSUES
 Is the conviction of the two appellants for criminal contempt of court justifiable and
maintainable?
 Whether the sentences meted out to the appellants were adequate and proportionate to
their crimes, given the facts and circumstances of the case?

30 | P a g e
RULES
 Constitution of India, 1950
 Contempt of Courts Act, 1971
ANALYSIS
The High Court had extra-ordinary jurisdiction under the Contempt of Courts Act. The Act's
proceedings were quasi-criminal in nature, requiring the same level of proof as a criminal
trial to find someone guilty of criminal contempt. He cited two decisions from this Court in
support of his claim: Mritunjoy Das v. Sayed Hasibur Rahman4 and Chotu Ram v. Urvashi
Gulati & Ors5. The Court noted in both instances that the common English term "he who
asserts must prove" applied equally to contempt proceedings. The Court quoted a line from
Lord Denning's decision in Re Bramblevale Ltd6. on the kind and standard of evidence
required in a contempt case in both opinions. A criminal offence, contempt of court is a
violation of the law. It is possible that a man will be sentenced to prison as a result of it. It
must be demonstrated in a satisfactory manner. It must be shown beyond a reasonable doubt,
to use a well-worn term. There has to be some more proof to convict him. Once some proof
has been shown, his lies can be used against him. However, there must be some additional
proof. When the court has two equally consistent options, it is not appropriate to hold that the
offence has been proven beyond a reasonable doubt.
The norms of natural justice, on the other hand, apply to a proceeding for contempt of court,
and those principles apply to the contempt proceeding with greater rigour than any other
proceeding. This means that the Court must pursue a fair and objective procedure that causes
no prejudice to the individual charged with contempt of court and gives him or her the best
opportunity to defend himself or herself.
When a case is under consideration, it's understandable that judges might be swayed by what
they read in the newspapers, see on television, and hear others talking about all around them.
Furthermore, judges are under some pressure to render a specific verdict, regardless of
whether legal logic leads to the same conclusion. What is known as "trial by media" refers to
this type of pressure and persuasion. While it may have favourable results in some situations,
excessive activity of this nature may result in judicial censorship in high-profile cases in
some form. However, the media should be severely chastised if it begins scrutinising
evidence, making

4
[2001] 2 SCR 471.
5
2001 Cri LJ 4204.
31 | P a g e
6
ALL ER pp. 1063H and 1064B

32 | P a g e
sensitive information such as the results of a narco-analysis case public, and then announcing
verdicts or pre-judgments on its own initiative. Certain types of evidence are not even
admissible in a court of law, and there are good legal reasons for this. Regardless of the
normative question of whether such evidence should or should not influence a judge's
decision- making, it does.

CONCLUSION
The decision by Alam J. emphasises the decline of professional values among lawyers,
resulting in the profession's transformation into a trading enterprise. This drop in standards is
especially noticeable in matters of professional ethics, with prominent attorneys participating
in TV debates and interviews about cases currently before the court. Another intriguing point
raised by the judges was the involvement of the numerous State and National Bar Councils,
which lent their unwavering support to any cause raised by the lawyers. It had been slack in
upholding professional standards and ensuring legislative compliance, though. One of the
causes for this chastisement could be the circumstances preceding the case's hearing.

33 | P a g e
 COMPONENT 2: ACCOUNTANCY PROBLEMS

34 | P a g e
35 | P a g e
 PROBLEM 1:
Write journal entries for the following transactions:
1. On April 01, 2025 Sinha started business with Rs. 100,000
2. Purchased Furniture for Cash Rs. 7,000
3. Purchased Goods for Cash Rs. 2,000 and for Credit Rs. 1,000 from SLS Retail Store
4. Sold Goods to Law Brothers Rs. 12,000 and Cash Sales Rs. 5,000
5. Owner withdrew of worth Rs. 2,000 for personal use
6. Paid SLS Retail Store Rs. 500
7. Received Rs. 10,000 from Law Brothers
8. Paid Salaries Expense Rs. 2,000
IN THE BOOKS OF MR. SINHA
JOURNAL ENTRIES FOR THE FINANCIAL YEAR 2025-
2026

DATE PARTICULARS L.F DEBIT CREDIT

AMOUNT AMOUNT
(Rs.) (Rs.)
Bank A/c Dr. 1,00,000
01.04.2025
To Capital A/c 1,00,000
(Being business started by
introducingcapital)

Furniture A/c Dr. 7,000

2
To Cash A/c 7,000
(Being furniture purchased with cash)
Purchase A/c Dr. 3,000
3
To Cash A/c 2,000
To SLS Retail A/c 1,000
(Being goods purchased partly by cash
and partly on credit)

Cash A/c Dr. 5,000

4
Law Brothers A/c Dr. 12,000

36 | P a g e
 To Sales A/c 17,000
(Being goods sold goods to Law
Brothers partly by cash and partly
on credit)

Drawings A/c Dr. 2,000

5
To Bank A/c 2,000
(Being amount withdrawn from bank
forpersonal use)
SLS Retail A/c Dr. 500
6
To Bank A/c 500
(Being amount paid to SLS Retail
Store)

Bank A/c Dr. 10,000

To Law Brothers A/c 10,000
7
(Being amount received from Law
Brothers)
Salary A/c Dr. 2,000
8
To Bank A/c 2,000
(Being Salaries Expense paid)

TOTAL 1,41,500 1,41,500

37 | P a g e
38 | P a g e
 PROBLEM 2:
Problem #2: Write journal entries for the following transactions:
1. Emran, the owner, invested Rs. 57,500 cash and Rs. 32,500 of photography equipment
in the business
2. Paid Rs. 3,000 cash for an insurance policy covering the next 24 months
3. Services are performed and clients are billed for Rs. 10,000
4. Purchased office supplies for Rs. 1,400. Cash paid Rs. 400 and remaining outstanding
5. Received Rs. 2,000 cash in photography fees earned previously
6. The client immediately pays Rs. 15,000 for services to be performed at a later date
7. The business acquires photography equipment. The purchase price is Rs. 100,000, pays Rs.
25,000 cash and signs a note for the balance.

Ans: 2

IN THE BOOKS OF Mr. EMRAN

JOURNAL ENTRIES FOR THE FINANCIAL YEAR 2021-
2022

DATE PARTICULARS L.F. DEBIT CREDIT

AMOUNT AMOUNT
(Rs.) (Rs.)
Cash A/c Dr. 57,500
Photography equipment A/c Dr. 32,500
1 To Capital A/c 90,000
(Being business started with
cash and photography equipments)

Insurance Policy Expenses A/c Dr 1,500

2. Prepaid insurance policy A/c Dr. 1,500
To Cash A/c 3,000
(Being Paid insurance policy
expenses for 24 months)

39 | P a g e
 Client A/c Dr. 10,000
3 To Professional Charges A/c 10,000
(Being Professional charges
awaited fromthe client)
Office Supplies A/c Dr. 1,400
4 To Cash A/c 400
To Creditor A/c 1,000
(Being office supplies purchased
partly by cash and partly on credit)

Cash A/c Dr. 2,000

5 To Photography 2,000
fees A/c

(Being received Rs. 2,000 cash

in photography fees from
client)

Bank A/c Dr. 15,000

6 To Advance for services A/c 15,000
(Being payment received in advance
fromclient)
Photography Equipment A/c Dr. 1,00,000
7 To Cash A/c 25,000
To Bill of Exchange payable A/c 75,000
(Being purchased photography
equipmentpartly in cash and partly
on a Bill ofExchange)

TOTAL 2,21,400 2,21,400

40 | P a g e
41 | P a g e
 COMPONENT 3: WRITTEN SUBMISSION

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

TABLE OF CONTENTS
I. INTRODUCTION............................................................................................................................................... 31

II. ANALYSIS......................................................................................................................................................... 31

III. THE LEGAL PROFESSION IN INDIA........................................................................................................ 31

IV. GLOBALIZATION HAS COMPLICATED THE LEGAL EDUCATION SYSTEM IN INDIA.................35

V. THE LEGAL SERVICES BUSINESS IS FACING A NUMBER OF SIGNIFICANT DIFFICULTIES..........36

VI. INDIA’S LEGAL SYSTEM HAS MADE MEASURES TO HANDLE

GLOBAL CHALLENGES/OPPORTUNITIES........................................................................................................... 37

VII. SUGGESTIONS AND RECOMMENDATIONS.......................................................................................... 38

VIII. CONCLUSION.............................................................................................................................................. 38

44 | P a g e
 INTRODUCTION
The process by which the degree of global human connection increases to the point that both
its underlying effects and the reactions they elicit result in a flood of new discoveries.
Globalisation is fuelled by three fundamental forces: technological globalisation, political
globalisation, and economic globalisation. The three forerunners initiated a trend known as
globalisation, in which geographical distance becomes less important in the formation and
maintenance of border crossing, long-distance, economic, political, and sociocultural
relationships. This is something that individuals become aware of. As a consequence,
linkages and interdependence networks become potentially global and cross-border in scope.
This potential for internationalisation and interconnectedness leads in democratic,
environmental, security, and social shortcomings, as well as rebound effects such as a change
in perspectives and administrative errors. Globalization has both beneficial and detrimental
effects. Additionally, it encompasses people from all over the world, culminating in the
emergence of new global governance institutions and a global civil society.

Many people believe that globalisation is primarily an economic phenomenon characterised

by increasing interaction or integration between national economic systems as a consequence
of increased international trade, investment, and capital flows. One may also point to a large
increase in cross-border social, cultural, and technological exchange as a result of the
globalisation phenomenon.7 Sociologist Anthony Giddens defines globalisation as the
decoupling of space and time, emphasising how knowledge and culture may be transported
simultaneously throughout the world via instantaneous communications. According to Dutch
academic Ruud Lubbers, it is a process in which geographical distance plays a lesser role in
the establishment and development of cross-border economic, political, and sociocultural
interactions.

ANALYSIS
A transformation in the geographical organisation of social interactions and transactions,
evident in transcontinental or interregional flows and networks of activity, interaction, and
power, is what David Held and Anthony McGrew describe as “globalisation” in their article
in the Oxford Companion to Politics. As a result of globalisation, the legal profession has
become

7
Pradip Kumar Das, Curriculum of Legal Education to meet Challenges of Globalization, 8(26) LEGAL DESIRE
45 | P a g e
INTERNATIONAL JOURNAL ON LAW.

46 | P a g e
faster and more complicated. Many attorneys have resigned as a result of their inability to
cope. Globalization has enhanced the mobility of attorneys who possess the necessary legal
skills and expertise. The world’s financial centres are home to a large number of attorneys
who work for offshore legal businesses. Litigation lawyers in the United States have the
option of switching to non-litigation or arbitration practise areas or working for an Indian law
firm. Arbitration, particularly international arbitration, has been more popular among senior
lawyers in recent years. Legal practitioners have a wide range of options to choose from in
today’s changing legal landscape.

There are now more opportunities for talented young attorneys to profit from the advantages
of an integrated offshore and onshore law practise, both monetarily and in terms of obtaining
legal expertise and experience in high-end, cutting-edge work. This is where they’ve
gathered. Those who have been trained in civil litigation are few and far between. Things are
going to get worse from here. The profession’s downfall is also a foreshadowing of things to
come.

The informal retainer system affects the willingness of law firms and advocates to accept big
clients. A significant client may be able to bar all of the large law firms’ lawyers with whom
it has a strong professional connection from pursuing legal action against them. Most lawyers
also work as solicitors, and many of them are forced to start their own businesses. Fewer
advocates are available for trials than one would expect on any given day.

There may be a strong combination of factors preventing the litigation bar from expanding
and thriving in this setting. There have already been a number of cases where litigators have
succumbed to the pressure of keeping up with the courts. The lowering of the threshold for
bringing a lawsuit is bad news for us. There would be a diminished judiciary and legal system
when the lawsuit bar is reduced. A reminder that justice is served by open court judges and
lawyers pleading on behalf of the plaintiff is essential to understanding the role of a judge in a
court of law.

It is equally important for judges and lawyers to work together in the administration of
justice. The civil litigation bar will face increasing challenges as the legal environment
changes. They need to confront their shortcomings right away and figure out what changes
they need to make in order to properly carry out their responsibilities in the administration of

47 | P a g e
justice. It is the duty of the Bar’s elite, notably the Senior Counsel Assembly, to make sure
litigation practise does

48 | P a g e
not suffer and that the Bar does not become unbalanced and overwhelmed with the finest of
our legal talent in non-litigation practise in the future.

During this period of tremendous societal change, lawyers must re-evaluate their standing in
the legal profession and in society at large. This meeting’s goal is to encourage participants to
re-examine what it means to be a professional and a lawyer in today’s society. Law practise is
a sophisticated profession with considerable privileges on one, and the demands of
contemporary business practises, which force today’s attorneys to consider cost concerns and
so-called “bottom-line” considerations, on the other. It is essential to explore this conflict. An
overemphasis on economic woes has been blamed for a recent fall in professional service
ethic and cultural sensitivity and relevance.

This is a crucial question: Is this stated worry actually a nostalgic nostalgia for the “good old
days” of legal practise, which were not always so terrific for the consumer? To what extent is
it a desperate attempt to preserve the ideals of justice and altruism in the face of
overwhelming evidence that law is becoming more business like? Unlike their forefathers,
today’s attorneys don’t practise law in the same manner. Graduates with the highest skill are
hired by large, impersonal legal firms, where time billing is the norm. Commercialism is
destroying the basic goals of giving clients with competent and objective counsel, essentially
allowing the client to pick their own path in a dispute without the strong warning words
traditionally offered by attorneys. In the past, a lawyer’s job required empathy for the client’s
situation as a whole, as well as impartiality and a feeling of civic obligation. Optimism and
professionalism will continue to diminish as long as the legal profession maintains its
deteriorating self-image as a valuable one and does not change its economic perspective.
Advocacy organisations, too, are changing their tactics to stay relevant. While honesty and
integrity are still important, today’s litigators are more focused on winning lawsuits in order
to make money, which is essential to their “business.” The customer is referred to as a
“punter” in this situation. It is common for attorneys to get too attached to their clients’
visions and ideas. Instead of serving as a neutral third party like a judge or jury, lawyers now
play a more central role in their clients’ cases due to changes in the law’s commercial
interpretation. It diminishes the necessary room for professionalism to flourish.

49 | P a g e
Some people see an ineffective work as a waste of time. Longer and longer hours are required
at the expense of the lawyer’s well-being. The atmosphere in the legal profession has become
more hostile. Working in the legal field used to be synonymous with job satisfaction, but this
has been replaced by “a totally commercial and entrepreneurial approach to law practise.”

More national participation and engagement and more access to home economies were
brought about as a result of globalisation in the legal profession. Even if globalisation has had
some bad consequences, it has also had some positive consequences in terms of the way law
students and advocates are educated and equipped to deal with the new challenges that come
with globalisation and the globalisation of law. Lawyers who can handle high-profile
situations such as mergers and acquisitions, project financing, securities, and initial public
offerings, as sought by multinational and domestic corporations setting up operations in
India, are essential for the development of corporate or legal industry standards.

THE LEGAL PROFESSION IN INDIA

India has been striving diligently to maintain legal services in the country in order to attract
foreign lawyers and enterprises. Few Indian firms have opened branches in other countries,
including the United States and the United Kingdom. This is beneficial because lawyers will
have a greater scope and coverage of the law and will be permitted to practise outside the
country. Additionally, lawyers must possess novel and ground-breaking legal research talents
in order to resolve conflicts in a manner compatible with the country’s goals and
constitutional objectives. In these conditions, lawyers will be crucial for India’s development
as a developing country8.

Attorneys have always been expected to provide legal services to consumers and to be held
accountable for any issues that emerge. In Srinath V. Union of India (AIR 1996 MAD 427),
the Madras high court expressed its opinions on Section 3 of the Consumer Protection Act,
1986. The Consumer Redressal Forum was chosen to adjudicate advocate claims. Section
2(U) of the Competition Act of 2002 defines service in line with the 1986 Consumer
Protection Act. As a consequence, one may argue that trade-related rules are a subject that
should get enough attention due to consumerism and market pressures.

8
Shruti Garg and Aviral Saxen, Globalisation and Legal Profession, LEGAL SERVICE INDIA, available at:
http://www.legalservicesindia.com/articles/globlp.htm (last visited 14 November 2021).

50 | P a g e
The legal profession is evolving. Globalization has resulted in a dramatic change in
international trade, with an increase in foreign contacts and participation, as well as increased
access to domestic services. The Indian legal business has transformed considerably, and a
great deal has changed. Corporate legal activities in project financing, intellectual property
protection, and competition law were almost unknown in the 1990s. At the time, there were
few lawyers practising in this field. However, globalisation has triggered a revolution,
increasing the need for expertise in the aforementioned area9.

Lawyers today earn far more than in the past, but they also bear a massive load. Today’s law
students are trained and prepared to handle the demands of a fast-paced world that places a
premium on efficiency and knowledge of one’s profession.

GLOBALIZATION HAS COMPLICATED THE LEGAL

EDUCATION SYSTEM IN INDIA
• Inadequate Infrastructure: A strong, well-structured infrastructure is critical for the
development of a student’s legal education. When it comes to international law schools,
India’s universities trail far behind those in other nations. A strong infrastructure contributes
to the shaping of a student’s whole life and provides a thorough grasp of legal education.
Ample resources are vital in moulding the development of skills for both teachers and
students. International legal practitioners and lawyers have held the legal education system to
a high standard. India continues to lag behind in providing the resources to expand the scope
of the law and accommodate the ability to compete with the aforementioned worldwide
lawyers who have worked and studied under the tutelage of trained legal experts and well-
equipped institutions. Numerous law schools in India are unable to offer the bare minimum
necessary facilities and specialised legal teachers due to a lack of fund

• Foreign direct investment in education systems: Globalization has ushered in a time of

revolution in society, politics, and professions, ushering in a new era of change. Due to the
globalisation of trade and industry in the last three decades, legal education in India has
experienced a sea change. The automated mechanism permits 100 percent FDI into the Indian

9
Xavier Ruiz, How globalisation is affecting legal profession, IBERIAN LAWYER (05 November 2012), available
at: https://www.iberianlawyer.com/news/opinion/3733-how-globalisation-is-affecting-the-legal-profession, last
visited 14 November 2021.

51 | P a g e
system of legal education. FDI has benefited the Indian legal system by boosting standards
while also posing a challenge. To keep pace with globalisation, rising nations such as India
have placed a greater emphasis on developing a global curriculum and standardising legal
education in order to deliver a high-quality legal education. FDI has established in institutions
a spirit of aggressive competition. As a consequence, Indian law schools are increasingly
focusing not just on Indian law, but also on international law teaching and research. On a
national and international level, law students engage in moot courts, conferences, and
webinars. Additionally, faculty members are obligated to provide material that broadens
students’ legal perspectives.

• Global programmes and international experiences: Indian universities must invest in

expanding their global connections through the establishment of programmes such as student
exchange programmes in other countries, as well as through the provision of education that
adheres to international standards and standards.

• Education based on research and a constant legal approach: While theoretical

knowledge is something that any institution may impart, attending a law school only for the
purpose of acquiring theoretical knowledge is inadequate. Only via exceptional research
talents can one get an edge over other students. Continuing legal education [“CLE”] is critical
for the legal profession’s professional development and serves as an indicator of the
profession’s accountability. Law students in India’s legal education system lack observational
and active involvement abilities. While the ability to do superior research and publish is the
most common skill among top-ranked professors, in India, less emphasis is put on a student’s
or faculty member’s research talents10.

THE LEGAL SERVICES BUSINESS IS FACING A NUMBER OF

SIGNIFICANT DIFFICULTIES
Legislators and the Bar Council of India have conflicting positions on legal services in India.
Due to their better infrastructure, competence, and proven talents in legal writing and
communication, foreign law firms compete strongly with local law firms. As a consequence,
India continues to fall behind in the WTO-mandated rounds of discussions. The Advocates
Act

52 | P a g e
10
Supra note 2, at 5.

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of 1961 and the BCI rules are too severe, with particular emphasis on section 24 of the
former. A person may practise law in India only if they have studied at a BCI-accredited law
school and are qualified under the Advocates Act, 1961.

A foreign national citizen may practise law only if he or she is lawfully qualified to do so in
that country under the Act’s requirements. Advocates are permitted to practise law under
Section 33 of the aforementioned Act, unless the Act or any other legislation in effect at the
time provides otherwise. On or after the prescribed day, no individual shall be permitted to
practise law unless he is registered as an Advocate under the Act.

Foreign legal companies have been a subject of dispute since 1955, when Arshurt, White &
Case, Chadbourne & Parke, a lawyer collective, a public interest trust created by attorneys for
the purpose of providing free legal assistance, challenged in the Bombay High Court the right
of foreign law to practise in India. The primary purpose for appearing in court is to show that
not only is standing before a judge a profession, but so is legal writing and counselling
clients. On the other hand, the Central Government argued that the Advocates Act prohibits
foreign attorneys from advising clients or practising in courts.The Indian government has
published rules for the formation of legal services in the nation, as well as its attitude on
foreign attorneys practising in India and establishing law firms if they are qualified under the
Advocates Act. The Supreme Court of India recently set limits on legal firms and practises in
India, but permitted international attorneys to travel on a fly-in, fly-out basis to assist clients.
Flying in and out is not practise, and this is not a realistic way to cope with it. This move may
jeopardise India’s ability to attract foreign investment, since major and sophisticated
investors anticipate a robust legal services industry.

INDIA’S LEGAL SYSTEM HAS MADE MEASURES TO

HANDLE GLOBAL CHALLENGES/OPPORTUNITIES.
Globalisation needs the development of a committed and passionate faculty capable of
training the legal brains in such a way that they produce conscientious and skilled students in
the form of lawyers, judges, and jurists. The primary focus should be on reforming the
curriculum in such a way that it adequately explains the importance of the legal profession.

54 | P a g e
In Mahipal Singh Rana vs. State of Uttar Pradesh, the Supreme Court of India emphasised the
need of legal reform and investigated the Advocates Act, which regulates the legal
profession. The three-judge bench has asked the Law Commission and the Government of
India to take appropriate measures in this regard. Several proposals have been made:
• CLAT (Commission Law Admission Exam): A strategy was established to conduct an all-
India common entrance test in order to admit students to universities located across the
country.
• Enrolment Qualifications: Under this jurisdiction, advocates who are dismissed from the
Bar Council of India due to moral misconduct or corruption will not be re-enrolled in any
capacity. To be admitted to the Supreme Court, legal students must meet the following
requirements:
o Successfully complete the All-India Bar Examinations [“AIBE”].
o The applicant must successfully complete a three-month training course offered by a state
bar association-affiliated training institution.
o Have practised before a district or session judge and other subordinate courts of original
jurisdiction for a period of at least two years.
o Have practised before a high court and other appellate forums for at least three years.
• Law firms and foreign lawyers: The concept was expanded to cover partnerships, limited
liability partnerships [“LLPs”], private or public limited companies, and any other
unregistered partnerships used for the purpose of practising law. Foreign lawyers should be
allowed to practise on a reciprocal basis.
• Examining strikes and boycotts: To keep an eye on the Advocates from Courts’ strikes and
boycotts, and to consider amendments that include a six-year ban on winning elections to any
Bar Association or Bar Council11.

SUGGESTIONS AND RECOMMENDATIONS

The majority of individuals are unaware of their country’s laws. They must seek the opinion
of an experienced lawyer who is well-versed in the subject matter. Our legal education must
be interdisciplinary and multifunctional in nature in order to prepare students to tackle any
challenge they may encounter on a global scale. The legal education system must be
structured in such a way that when a law student is analysing a case, he or she examines
political, technical, social, and psychological factors. In order to maintain a presence in the
worldwide world of law, the attorneys generated must be honest, diligent, competent,
passionate, and
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11
Shriyanshi Chaudhary, Globalization and its effects on legal profession, IPLEADERS (January 28, 2021),
Available at: https://blog.ipleaders.in/globalization-effects-legal-profession/, last accessed 17 November 2021.

56 | P a g e
committed to their job, as well as adapt to the global world’s changes. Foreign corporations
must be permitted to file ‘vakalatnama’ in Indian courts, allowing them to operate in full
capacity in Indian courts. To do this, the Advocates Act, 1961 must be amended and language
such as ‘must be an Indian citizen’ examined. The quality of legal education has a direct
effect on the legal profession’s reputation. Legal education at law schools must focus on the
current demands of the legal profession. Areas with flaws must be recognised and repaired to
adapt to changing circumstances. If legal education is seen as an investment, it will result in
more good outcomes for the country. There is a need to harmonise the legal systems of
several nations functioning on a global scale in order to arrive at an acceptable legal
framework for all participating countries. This has resulted in a continual development of the
legal environment, which has impacted the professional lives of attorneys. Continuous
evolution of the legal profession is necessary, since it has a direct influence on the world’s
social, political, and commercial environments. In general, the law governs and directs
human behaviour in order to ensure that all mankind is treated fairly.

CONCLUSION
There are several laws in society that need professional guidance and legal knowledge, which
can only be filled by a lawyer who has the necessary competence. Globalization-related
difficulties can be solved only if our legal education institution adopts a multipurpose and
interdisciplinary strategy. A wise lawyer considers all relevant political, social, and
technological variables. The only way to maintain our position in this rapidly changing global
legal environment is to develop diligent, loyal, devoted, and brilliant law professionals who
are flexible to change.

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ii) Prepare a research article on the contemporary development of the law relating to
contempt as under the Contempt of Courts Act, 1971 and the law pertaining to
contempt in foreign jurisdictions (US, UK etc). Analyze the provisions in light of
recent landmark judgments.

TABLE OF CONTENTS
I. INTRODUCTION............................................................................................................................................... 41

II. INDIAN JUDICIAL APPROACH..................................................................................................................... 42

III. LAW PERTAINING TO CONTEMPT IN FOREIGN JURISDICTIONS.................................................... 45

1. UNITED KINGDOM.................................................................................................................................... 45

2. UNITED STATES OF AMERICA............................................................................................................... 46

3. HONG KONG............................................................................................................................................... 47

IV. CONCLUSION.............................................................................................................................................. 47

V. BIBLIOGRAPHY............................................................................................................................................... 48

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 INTRODUCTION

Disgrace, ridicule, or disobedience is all examples of contempt. 12 Condemnation, in its legal

definition, refers to a lack of respect for anything that should be given legal consideration. 13
There is a lot of ambiguity and complexity at the defining stage. When a person has a
negative opinion of another person or object, he or she is really expressing his or her disgust.
Disrespect for the court or legislative body, as well as those involved in the proceedings or
members of the legislative body, constitutes contempt. 14 Since the 12th century, the term
“contempt of court” has been used in English legal jargon.15 Respect for the judiciary must be
cultivated and maintained if the administration of justice is to be successful, and this is where
the law of contempt comes from. Originally created to ensure that courts’ orders were
obeyed, the rules grew over time into complex and far-reaching doctrines and processes.

As a consequence, the law of contempt grew unchecked up to the current day because of the
lack of legislative review of these doctrines and processes. New precedent was not just
declarative, but rather a source of innovation in the field of law. The contempt statute was
expanded or reworked for each new sort of assault on the court system. According to Craies,
contempt has become nearly protean in form because of the creativity of judges and those
who want to resist justice.16 It is possible to say that the categories of contempt have not yet
been closed.17

Contempt ranges from simple disobedience to court orders to more serious offences such as
physical assault, large-scale extortion, or public mudslinging against the judge. Consequences
resulting from contempt of court may include acts that, although not directly influencing a
judge’s decision-making process, may have an impact on the behaviour of the parties
involved in the proceedings18. Accordingly, it is impossible to try to categorise the many
branches of the law of contempt, and it is also impossible to demarcate the region of the
law of contempt’s

12
TEKCHAND J., THE LAW OF CONTEMPT OF COURT AND OF LEGISLATURE (4th ed., 1997, The University Book
Agency, Allahabad).
13
State Of Madhya Pradesh vs Kaluram, 1967 AIR 1105.
14
R.v. Williams Thomas Shipping Co. Ltd, (1930) 2 ch. 368.
15
FOX, HISTORY OF CONTEMPT OF COURT (1927) 1.
16
Goodhart, Newspaper and Contempt of Court, 48 HARVARD LAW REVIEW 885, 886.
17
Pratapsingh v. Gurbakshsingh, Criminal Appeal Nos; 128 and 129 of 1959
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18
BLACKSTONE’S COMMENTARIES (Vol. IV at P.285).

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application. Judges and jurists have been unable to come up with a comprehensive definition
of contempt because of these reasons.19

Contempt laws have been mostly abolished in various democratic nations. Contempt of court
is no longer a crime in the United Kingdom. In a number of instances, the English press has
been harsh in its criticism of the court. When it comes to committing contempt of court in
other jurisdictions such as the Netherlands, Germany, France, Belgium, Austria, and Italy,
there is no such authority. A criminal complaint or libel action must be filed by the court.
Sanctions summarisables may only be issued for misconduct in court. As in United States,
contempt of court is only used it against press and publication if there is a clear and present
danger to the resolution of a pending case. Even if the criticism is venomous or sensational, it
will not be regarded as contempt of court. 20 There’s a perception in India that judges aren’t as
tolerant of criticism as their counterparts elsewhere in the globe.

INDIAN JUDICIAL APPROACH

In Ashok Paper Kamgar Union and Others v. Dharam Godha and Others21, the Supreme
Court extensively reviewed the proviso of Section 2 (b) (Contempt of Courts Act 1971)
which defines the phrase civil contempt. For purposes of this section, the word “willful”
refers to purposeful and voluntary conduct with an intent to do anything that is prohibited by
law or to avoid doing what the law requires. Disobeying or disregarding the law with malice
in mind. For the most part, this refers to a premeditated act that is done with malice in mind.
A person charged with contempt of court must thus be competent to carry out an order of the
court under normal circumstances. For their compliance, it should not need unusual efforts,
nor should it be in any way reliant upon the actions of another person. Willful violation of an
agreement is also included in civil contempt.

High Court of Karnataka noted in Balasubramaniam v. P. Janakaraju and Anr.,22 that the
orders of the court must be followed until and until they are overturned in an appeal or a
revision by the appellate court. Contempt of Courts Act, 1971’s definition of civil contempt
encompasses not only disobedience but also purposeful dereliction of a promise made to a
court. The court

19
Supra note 3, at 2.
20
Anil Divan, Contempt of Court and The Truth, THE HINDU (October 29, 2007).
21
Ashok Paper Kamgar Union and Others v. Dharam Godha and Others, AIR 2004 SC 105.
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22
Balasubramaniam v. P. Janakaraju and Anr, 2004 (5) Kar. LJ 338.

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commented on this point. A solemn promise to a court with the goal of receiving any
advantage for that issue shall not be violated deliberately, according to public interest. No one
should be able to wiggle out of an undertaking submitted to the court because it will open up
harmful tendencies and eventually contradict the purpose of issuing undertakings. If a party
gives a court an undertaking, the only exclusions are in cases of statutory bar or fraud,
according to this observation. To justify a violation of a court-ordered obligation is a
disgraceful act that must be dealt with in the most severe manner possible.

Condemnation for a simple violation of a promise is not warranted unless the contemnor’s
actions show a disregard for the court.23 However, if the eviction order is made executable for
whatever reason, the person who gave the assurance to the court is still responsible for
complying with it. An eviction order’s legality is unaffected by actions taken against a litigant
for a willful violation of an agreement to leave the premises. Under the Act, civil contempt is
a penalty for failing to comply with a promise to leave the premises.24

The Supreme Court has constitutional authority under Article 129 of the Constitution of
India, and the High Courts have powers conferred in authority under Article 215 of the
Constitution to penalise for contempt of court. Bar Association v. Union of India and Anr. 25
elucidated this point in its decision. Court of record’s inherent competence to penalise for
contempt cannot be stripped away by any law passed by parliament in this specific instance,
the highest court said. Although parliament’s legislative authority cannot be used to stifle the
standing and honor of the Supreme Court or High Courts, such law may serve as a guide for
determining what penalty a specific court can apply in the instance of a proven contempt of
court.

Once again, the Supreme Court reaffirmed that now the powers of contempt are intrinsic in
nature, hence the Constitution simply acknowledges this pre-existing reality in Sudhakar
Prasad v. Govt. of A.P and Ors26. According to the verdict, Article 129 and 215 of the
Constitution are not in conflict with the provisions of the Contempt of Courts Act, 1971.
Consequently, the Act’s provisions cannot be utilised to regulate or restrict the exercise of the
two Articles of the Constitution of india. It was ruled by the Supreme Court in this case that

23
Surjit Singh Sahni v. Union Bank of India, 1993 SCCr.R. 182 at P.183.
24
S. Balasubramaniam v. P. Janakaraju, 2004 (5) Karn.L.J. 338 (DB).
25
Bar Association v. Union of India and Anr, (1998) 4 SCC 409.
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26
Sudhakar Prasad v. Govt. of A.P and Ors, (2001) 1 SCC 516.

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the high court cannot establish its own authority or claim power to impose a new form of
penalty other than those recognised and acknowledged under section 12 of the Contempt of
Courts Act of 1971.

The very first limb of section 2 (b) of the Contempt of Courts Act, 1971 states that any breach
of the provisions of a consent order and related things constitutes a violation of the court’s
order, and this was brought out in the case of Rama Narang v. Ramesh Narang and Anr 27. In
this instance, the respondent had argued that the petitioner’s contempt petition before the
Supreme Court was unenforceable. This has been done by arguing that the court’s consent
order was neither an injunction or an undertaking, and so could not be used as a basis for
contempt of court proceedings. In this case, the Supreme Court ruled that the agreement
reached between the parties was integrated into the court’s order, and therefore, any
disobedience of the court’s order would be penalised under Section 2 (b) of the Act.

An advocate hurled a shoe at the judge in R.K. Garg v. State of Himachal Pradesh 28 and
explained his actions by saying that he was compelled to act by the judge’s use of
provocative language. In contrast, the appellant was found to have given a false account of
the genesis of the event by a High Court judge. Although the appellant apologised to the
Supreme Court as well as to a local court where the crime was committed, a lengthy sentence
was unnecessary. He appeared in the Supreme Court, and it was clear that he had already
suffered enough in his mind and reputation that he would not benefit from being subjected to
a long period of physical pain. A six-month prison sentence was commuted to one month and
a fine of Rs. 2000 was increased to Rs. 1000, in accordance with the court’s decision.

A warrant for Hrudananda Sahu’s arrest was issued by M.S. Rao in State v. Sankar Charan
Sahu29, in which he obtained a decree for the recovery of money. The judgement debtor was
also the subject of a criminal investigation. Due to the Munsiff’s arrest warrant for the money
damages and the Magistrate’s order of release, the current contempt petition was filed by the
defendants. Sub Divisional Magistrate was concerned, and he issued the orders without
lawful authorisation. Magistrate’s power under Section 144 Cr. Procedure Code is meant to
prevent imminent breach of peace, not to grant immunity to a judgement debtor under
Section 135 Cr.

27
Rama Narang v. Ramesh Narang and Anr, 2006(11) SCC 114.
28
R.K. Garg v. State of Himachal Pradesh, AIR 1981 SC 1382.
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29
M.S. Rao in State v. Sankar Charan Sahu, AIR 1952 Or 215.

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Pc., the High Court ruled in its decision. As a result of his order, a process server for the civil
court was prevented from executing the procedure granted to him by the munsiff, which
constitutes a violation of court order.

Lastly, in the recent case of Amicus Curiae v. Prashant Bhushan30, the court found that even
in rare cases, the contempt proceedings can be taken without the consent of the Attorney
General or the Solicitor General shows utter disregard for the Rule 3(c) of the Rules to
Regulate Proceedings 153 for Contempt of the Supreme Court, 1975 made under the
Contempt of Courts Act, 1971. Furthermore, the notice did not meet the requirements of the
above-mentioned rule. As a result, it appears that the court devised a new course of action to
convict someone on this law, rather than following its prescribed rules.

LAW PERTAINING TO CONTEMPT IN FOREIGN

JURISDICTIONS

United Kingdom

The Senior Courts Act,1981 states that the crown court is the highest court in England, and
the crown courts have the authority to punish criminal contempt. If a person commits one of
the following offences:

 Disrespect for the court’s authority.

 Confrontation with the law.
 A violation of a promise made to the court.

Courts may impose imprisonment for contempt or the Attorney General may intervene and
bring criminal charges against him in front of a Divisional Court of the Queen’s Bench
Division of the High Court of Justice of England, depending on whether or not they deem the
issue urgent. Since 1993, there has been no conviction for the common law offence of
Scandalizing the Court in England. The first recorded instance of disrespect for the court
dates back to 1765. When Almon was put on trial for libel against a judge in the case King v.
Almon31. A particular penalty is given to Almon for libel by Justice Wilmort in this instance,
and from here Contempt

30
Amicus Curiae v. Prashant Bhushan, (2010) 7 SCC 592.
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31
King v. Almon, 243 K.B. 1765.

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of Court is defined. Lord Morris, in the case of McLeod v. St. Aubin 32, made a wonderful
assertion that for contempt by scandalising has become obsolete, and in place of that the court
must end up leaving on the public sentiment if the incidents or contempt that are derisive or
scandalous to the Judiciary or not should be left up to the public’s judgement. His statements
regarding the contempt through scandalising being old or antiquated proven to be inaccurate
within a year in another case of Queen v. Grey33. Despite the court’s acknowledgment of
media criticism of the judiciary, it should be noted that valid reasons or expostulation must be
presented before a comment may be considered a contempt of court.

United States of America

In United States, the offence of contempt through scandalising has been regarded too harsh to
be punished. Every critique we make of the judiciary weakens the Court’s authority. Civil
and criminal penalties are available for showing contempt of court in the United States.

First, the idea of direct and indirect. When an act of contempt is committed in front of the
sitting judge, it is referred to as “direct contempt of court.” In direct contempt, the judge
informs the party that the conduct he has performed constitutes a disruption of the court or
the tribunal, and that he will be punished accordingly. A chance for rebuttal is then offered
and, after hearing all sides, the court may decide on punishment at that point. Unlike direct
contempt, indirect contempt occurs outside the courtroom and consists of disobedience of a
court’s earlier order. As a first step, a person who has been charged with contempt receives
notification of the charges against them. As a second benefit, he or she will have the chance
to submit all of the evidence they want to the court. And if one is found guilty, he’ll get
whatever sentence he’ve been facing in the case up for decision.

In the United States, there are two types of contempt of court: criminal and civil. When a
judge finds a civil defendant in contempt of court for attempting to injure the plaintiff, the
judge, or the court, it is often not considered a criminal crime. As a result, the court dealt with
the matter properly. There must be proof beyond a reasonable doubt that an individual is
guilty of criminal contempt in order for a penalty to be imposed. Civil contempt sanctions are
only applied while

32
McLeod v. St.Aubin, 1899 A.C. 549.
69 | P a g e
33
Queen v. Grey, 1900 2 Q.B. 36.

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an individual is in contempt, and are lifted after they are complied with by the accused.
Compared to criminal contempt, civil contempt has a far lower bar of evidence.34

The people’s right to speak out against the actions of a public institution is critical to the
American concept of democracy. The UK consultation document drew on the historic US
Supreme Court ruling in the case of Bridges v. California 35 to justify removing the offence of
contempt by scandalising. In the United States of America, this offence has been ruled
unlawful.

Hong Kong

It is common law in Hong Kong that judges from the Courts of Final Appeal, High Court,
District Court, and members of other tribunals and Coroner’s Courts have the right to
penalise for contempt in the face of the court. Interfering with the administration of justice by
obstructing the court’s work, obstructing a witness, or otherwise disrespecting a judge or
justice are all examples of contempt for a court’s authority. So is disrespecting a witness or
court officer, as well as interfering with the court’s work, or otherwise misbehaving in the
courtroom. The magistrate may sentence the offender to a fine of level 3 and six months in
jail for using threatening or disrespectful remarks against a Magistrate.

CONCLUSION
Contempt powers are a warning signal, indicating that urgent reflection is needed to find out
whether there is any weakness somewhere in the justice that individuals are receiving.
However, it is important to remember that recurrent assaults on the judiciary’s dignity might
threaten its basic basis. Judiciary must be protected to the fullest extent possible because of
the responsibilities and unpleasantness of their job. Judicial accountability encourages public
trust in judges, who are tasked with enforcing justice for the people, and serves to defend
judges’ integrity. Furthermore, the court should not be too concerned with appropriateness or
an excessive sense of the judges’ dignity, and should instead behave with dispassionate
dignity and decorum in its handling of these cases. In order to guarantee that civil freedoms
are not unnecessarily crushed, the highest judicial echelons must wield their formidable
power of

Contempt
34
of court, LEGAL INFORMATION INSTITUTE, available at:
https://www.law.cornell.edu/wex/contempt_of_court (last visited at 14 November 2021).
71 | P a g e
35
Bridges v. California, 314 US 252 (1941).

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contempt with great care and severe caution. How people see the acts of judges and courts
has a significant impact on the outcome of cases.

First, it is critical to note that the concept of “contempt” under the Contempt of Courts Act,
1971, has not been uniformly applied to all contempt proceedings since its adoption. In part
because of the uncertainty and vagueness in the Act’s three components, which form the
definition. Legislators have intentionally or unintentionally shifted the burden of defining
what scandalises the Court and what interferes with or obstructs the course of justice to the
judiciary. Contempt of Court has evolved through time into a fluid jurisdiction with broad
discretionary powers granted to the courts as proven by a slew of judgments, due to the law’s
inherent ambiguity and flexibility. Discretionary criminal contempt powers may be traced
back to the Sovereign and are a part of royal authority. In light of the many allegations of
judicial corruption, partisanship, and nepotism, this is not a good trend at all. As a result, it is
essential that the courts have a mechanism of checks and balances in place to ensure that the
courts show restraint and handle contempt proceedings objectively and not silence valid
criticism of the judiciary.

BIBLIOGRAPHY
1. Aiyar, K.J., Law of Contempt of Courts, Legislatures and Public Servants, 9th Edition
(1997) The Law Book Company Pvt. Ltd., Allahabad.
2. American Jurisprudence, 2nd Edition (1975) The Lawyers Cooperative Publishing
Co., Rochester, New York & BancroftWhitney Co., San Francisco, California.
3. Arlidge, Eady & Smith, On Contempt, 2nd Edition (1999) Sweet & Maxwell, London.
4. Basu, Durga Das, Shorter Constitution of India, 13th Edition (2001) Wadhwa &
Co., Nagpur.
5. Donnely and Goldfarb, Contempt of Court by Publication in the United States, Mod.
L.R., Vol.26, 1961.
6. G.C.V. Subba Rao, Commentary on Contempt of Courts Act 1971, Siva Sunder and
Co. Hyderabad, 1974.
7. Iyer’s, law of Contempt of Courts with Parliament, State Assemblies and Public
Servants, 2 ‘edition, Law House Delhi, 1989.
8. Jacob S. Ziegal, Some Aspects of the Law of Contempt of Court in Canada, England
and United States, Mc Gill Law Journal, Vol. 6, 1960.

73 | P a g e
 9. John Charles Fox, The Nature of Contempt of Court, Law Quarterly Review, Vol.37,
1921.
10. K. Balasankaram Nair, Law of Contempt of Court in India, Atlantic Publishers and
Distributors Hyderabad, 2004.
11. Mahapatra, D: Contempt of Court: Delhi HC could have avoided sentencing
journalist. Sept. 24, 2007 lhttp://timesofmdia.indiatimes. com/contempt)
12. V.G. Ramchandran , The Contempt of Court under the Constitution, Eastern Book
Company Lucidinow, 1983.
13. V.G. Ramchandran, The Contempt of Court under the Constitution, Eastern Book
Company Luckhnow, 1967.
14. V.G. Ramchandran’s. Contempt of Court, 6’*^ edition, Eastern Book Company
Lucknow, 2002.

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

INTRODUCTION
The term “justice” attracts everyone since it ensures fairness without any kind of
manipulation or fraud. A lawyer can be defined as the mediator who brings the issues of the
clients before the court where the proceedings take place and judgment is given focusing on
providing justice to all36. The main duty of a lawyer is to ensure justice to their clients
through fair means and to protect the legal system and the society at large. The lawyers along
with the judges have the duty to fight against those who violate the rights of the others and
protect those in need of help especially the weak and vulnerable sections in the society. In
this changing society, as there is development in all aspects, it is important to have promising
legal system where a person can approach the court or a lawyer with the faith of gaining
justice and a solution to their problems. This should be the ultimate aim of the people
involved in law and other legal matters who can create a change for better good which will
result in greater good in the future37.

DUTIES OF A LAWYER
The main duty of a lawyer is the administration of justice to all without any differences or
discriminations. There is a religious metaphor which says that “A lawyer is and must ever be
the high priest at the shrine of justice”, which tells about the role of a lawyer in the
administration of justice38. Here the court is considered as the shrine of justice and the lawyer
is the minister of this court of justice where there is truth, honor and integrity which is also
the required qualities in a good lawyer. This statement specifies the essence of being a lawyer
in this present society where there are all kinds of injustice and unfair actions. While
analysing the duties of a lawyer, it can be seen that being a lawyer is a huge responsibility
where people surrender their faith and hope on that person to find the right way of justice.
The duties of a lawyer includes many aspects and many people which is a long list as the
lawyer has a great

75 | P a g e
36
George H. Ethridge, The Lawyer and Justice, 3 NAT'l J. LEGAL EDUC. 13 (1940)
37
Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 GA. L. REV. 633 (1994
38
Natia Chitashvili, Specificity of Some Ethical Duties of Lawyer Mediator and Necessity of Regulation, 2016
J. LAW 23 (2016)

76 | P a g e
role in the legal system who has a significant position in various sectors. Lawyers are not just
confines to courts rather they are present in every sector where the presence of law is required
for the smooth functioning of the sectors. Law and order is the need of every society as the
absence of law will affect the whole procedure and the country at large.

The duties of a lawyer can be explained in three ways including the duties towards the court,
client and opposite party in a case. These levels of responsibilities or duties towards the
others tell about the role and positions of an advocate in the legal system where the
administration of justice is the ultimate goal of the same. Such duty towards the various
factors is required to ensure the smooth functioning of the legal system as the lawyers can be
considered as the central point which connects these factors without losing the essence and
ensuring justice is served to the people39. When the innocent people get punished for what
they do not deserve, it shows the failure of the legal system especially the lawyer who failed
in ensuring justice to the public. There are many issues which can come up in the legal
system while dealing with various cases where it can become difficult to resolve easily which
calls for a long procedure which can go for a long time. These aspects of the legal system
have to be analysed to understand the functioning of the system and the role of each
individual in the same.

Towards the court

The main duty of the lawyer towards the court is to inform the court all the facts and
circumstances of the case which is dealt before them with complete honesty so as to help the
court to decide the case and ensure justice. It can be seen that the court act completely based
on the arguments made by the lawyers and hence it is the duty of the lawyers to be
completely fair to the court in order to arrive at a conclusion where the innocent can be
protected and the culprit can be punished40. While presenting a case before the court, all the
statements have to be accurate and it should be clearly seen that none of the contentions made
by the lawyers should mislead the court in any manner41. The strong advocacy by the counsel
is one of the main requirements for the administration of justice where the fact cannot be
twisted in any manner under any circumstances. In addition to it, it can be seen that the
lawyers have a main duty towards the court to put their effort in understanding the facts and
circumstances of the case and the truth of the same before coming before the court of
law. There are various

77 | P a g e
39
Frank B. Cross, Lawyers, the Economy, and Society, 35 AM. Bus. L.J. 477 (1998)
40
Foster D. Arnett, Lawyers and a Lawful Society, 36 TENN. L. REV. 79 (1968)
41
Tetyana Vilchyk, Duties of a Lawyer to a Court and to a Client, 6 Russ. L.J. 62 (2018)

78 | P a g e
instances where the legal system has been disturbed due to the problems which arise due to
the lack of truth in the whole process which tells about the need to ensure the same while
dealing with the case.

Towards the client

The lawyer has a great responsibility towards the client as it is a matter of faith of the client
on the particular counsel which makes it an obligation of the lawyer to act in the interest of
the client in all possible manners by being fair and reasonable42. The profession of law is all
about being fair and providing justice which is considered as a noble profession which has to
be exercised by responsible people who can fulfill the purpose in every manner. The client
and lawyer are bound by a relation of trust or faith where honesty has a great place in the
same. The client has to inform all the facts and circumstances of the case to the lawyer and
the lawyer has to analyse and convey his findings to the client without hiding anything. This
relation has to be maintained in order to ensure the proper functioning of the legal system.
The clients represent the public and by ensuring justice to the client, they are ensuring justice
to the whole society where the interest of public is given importance. The lawyer has a
responsibility to understand the case and the client in order to evaluate the case completely
and realize the key factors available in it. The lawyer owes a duty to the client in the capacity
of a professional rather than an officer where the client have to be treated with utmost care
and concern and understand the circumstance of the case.

Towards the opposite party

Lawyer is not just a person who has to administer justice but also a responsible officer of
court who has a responsibility towards the opposite party also. Lawyers are members of the
legal profession and officers of the legal system which makes them the people who has a duty
towards the opposite party and even the opposite counsel. While analysing such duties, it can
be seen that the lawyer cannot deny the access to evidence or obstruct any kind of act of the
opposite party during the discovery process and they have a duty to not interfere with the
other party concerning the process of obtaining the relevant evidence 43. The lawyers have a
duty to be totally honest with the opposing counsel where the facts, evidences and witnesses
have to be real and true without any kind of manipulation or threat involved in it. While
dealing with

42
John Leubsdorf, Pluralizing the Client-Lawyer Relationship , 77 CORNELL L. REV. 825 (1991-1992)
43
F. D. Mnyongani, Duties of a Lawyer in a Multicultural Society: A Customary Law Perspective, 23
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Stellenbosch L. REV. 352 (2012

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this duty, it has to be seen that the lawyer does not have the duty to inform or reveal any
relevant fact which is crucial in a particular case to the opposite party.

ISSUES AND CHALLENGES

The main problems that can come up in the legal system with regard to lawyers are the
complications in the facts and circumstances of the case and the other related factors
including evidences and witnesses. The one factor that can create a lot of disturbance in the
legal system is unfair and dishonest means of dealing with various aspects. The lawyers have
a lot of issues and challenges faced inside the court and outside where the duties with the
client, court and opposite party have to be balanced throughout the case until the final
decision is given by the court44. This is a challenging aspect as there can be various
interventions from various sides where other issues can arise during the process. The false
representations in evidences and witnesses are a serious challenge faced by the lawyers as it
creates a difficult situation where there is violation of the rules and regulations concerning the
legal system. While dealing with law related matters it is important to follow the rules and
guidelines based on the situations in order to ensure the smooth functioning of the whole
system.

There can be problems in the legal system concerning the lawyer where conflicts can come
up with regard to the obligations towards the client and the court. This kind of conflict tells
about the overall procedure and functioning of the system where the rule of law will be
applied when required based on the facts and circumstances of the case. While some kind of
conflicts arises between the client and court concerning the lawyer, the lawyer has an
overriding duty to the court as an officer of the court concerning the administration of justice.
Such issues also come up in the court of law where the superior power of the legal system can
be understood. Another important issue concerning the lawyers is the problems concerning
the vulnerable sections in the society including the indigenous people and tribals who are
denied justice dur to the ignorance shown by the society towards them. In various instances,
even the legal system has failed to protect such communities which show the failure of the
system which failed the innocent poor people. The people belonging to the vulnerable groups
are those who are unaware of the society and the various processes and functions involved in
it and hence they

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44
Jeffrey C. Meehan, Harvard or Hardball: An Examination of Ethical Issues Faced by Lawyer-Agents, 21
Sports LAW. J. 45 (2014)

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requires protection and special consideration by the legal bodies and other law makers who
have the duty to do the same.

WAYS TO IMPROVE THE BAR-BENCH RELATIONSHIP

The Bar- Bench relation is an important aspect in the legal system which has great
significance and relevance in the whole process. This relation between the advocates and
judges have to be regulated in the proper manner as it is essential for the right functioning
and fulfillment of the duties on each parties. This relation has to be completely honest as both
the parties are needed for the conclusion of a case. The advocates have the duty to assist the
judges in the administration of justice by providing all the available information without any
manipulation and in the same way, the advocates has the duty to give a fair and right
judgment based on the facts and circumstances of the case without any kind of partial or
unfair behaviour. The Bar- Bench relation benefits the public in a great way as it will ensure
effective functioning of the legal system which will give the public a faith to approach the
court when any issues come up45. The court and lawyers have to act as a source of justice and
fairness in order to protect the people from any kind of injustice, violations or any other kind
of evil acts. It is said that the law comes above all the other aspects in the society which tells
about the importance of the same and the involvement of judges and lawyers in the
functioning of the same46.

In All India Judges Association v. Union of India 47, the court held that “the administration of
justice and the part to be played by the advocates in the system must be looked into from the
point of view of litigant public and the right to life and liberty guaranteed under Article 21
and right to grant legal aid as contemplated under Article 39A of the Constitution”. This tells
about the role of an advocate as a public servant who has a great role in the development
procedure and dispute settlement activities where a just society can be established with the
help of the court and put forward a constitutional order for the smooth functioning of the
system48. As lawyers’ and judges are considered as pillars of justice, it is important to justify
the same by acting in the required manner without any kind of false intentions and with the
sole aim of providing justice to all the people in the society.

45
Martin V. Montgomery, The Relation of the Bench to the Bar, 7 MICH. L. J. 103 (1898)
46
Dana Ann Remus, Just Conduct: Regulating Bench-Bar Relationships, 30 YALE L. & POL'y REV. 123 (2011)
47
All India Judges Association v. Union of India, (2002) 4 SCC 247
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48
T. F. Jones, Ethics of Bench and Bar, 1 S. L. REV 763 (1902)

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 CONCLUSION
The lawyer forms an integral part of the society who is required for the functioning of the
society as a society without a proper legal system and law makers will bring a lot of pain and
suffering to the public and the increasing issues among the people will create discomfort
among the people. Law is a profession which is focused on social good where the overall
development and growth of the society is the aim of this profession where protection of
people in the society has to come above all the other personal gains and benefits. While
analysing the duties of a lawyer, it can be seen that the lawyer has a duty towards all the
parties involved in a case and it tells about the importance of a lawyer in ensuring the
functions of the legal system in a just and fair manner. The involvement of lawyers and
judges effectively to prevent any kind of unjust actions and violations of right is the need of
the hour as there are various instances which questions the justice of the society and the only
way to resolve this issue is to enhance the functioning of the legal system through effective
rules and obligations for a better tomorrow. It has to be seen that law is made for everyone
without any discrimination and differences and it is the duty of the authorities to make these
rights available to all the people and ensure justice to all and the society at large which will
help in the overall growth and development of the society.

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