RESEARCH METHODOLOGY PROJECT REPORT |1

UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY
CHANDIGARH

VIth SEMESTER BCOM LLB (Hons.) PROJECT WORK

ON
“COURT MANNERS: NEED, CLARITY OF FACTUAL PROPOSITION
AND GRASP OF LEGAL ASPECT”
FOR THE SUBJECT OF RESEARCH METHODOLOGY
2021-22

SUBMITTED TO:
PROF. (DR.) GULSHAN KUMAR
U.I.L.S
PANJAB UNIVERSITY
SUBMITTED BY:
NIRUPAM KAUR
ROLL NO- 292/19
BCOM LLB (Hons.)
SECTION- E
6TH SEMESTER
 RESEARCH METHODOLOGY PROJECT REPORT |2

ACKNOWLEDGEMENT

I thank the almighty who provided me with such a fortunate opportunity to

study this respective course in UILS, PU.

I respect and thank Professor Dr. Gulshan Kumar, Sir, for providing me with an
opportunity to do this project report and giving me all the guidance, Support,
and motivation, which made me complete this project duly. I would also like to
extend my sincere thanks to all staff in library for their timely support.

I am thankful and fortunate for my parents who provided me with constant

support, encouragement and the resources required to complete this project
report, I will also thank my sibling and friends who helped me in completing the
said project on time.

NIRUPAM KAUR
 RESEARCH METHODOLOGY PROJECT REPORT |3

STUDENT CERTIFICATE

I, Nirupam Kaur, am pursuing my 3rd year of BCOM LLB (Hons.) degree

from University Institute of Legal Studies, Panjab University, Chandigarh. I
hereby declare that the project entitled ‘Court Manners: Need, Clarity of
Factual Proposition and Grasp of Legal Aspect’ submitted in partial fulfilment
for evaluation as a part of curriculum for ‘Research Methodology’ for the
session 2021-22 is my own work and has been carried under the guidance of
Professor, Dr. Gulshan Kumar.

This is to certify that this work is original and has not been submitted earlier.
All the sources used and referred have been duly mentioned.
 RESEARCH METHODOLOGY PROJECT REPORT |4

INDEX

I. INTRODUCTION TO COURT MANNERS ................................................................. 6

A. ETHICAL ART OF ADVOCACY .............................................................................. 7

B. DEMEANOUR IN COURT ......................................................................................... 8
C. HISTORY OF ETHICS IN INDIAN LEGAL PROFESSION .................................. 9

II. NEED FOR COURT MANNERS AND ETHICS ....................................................... 11

III. BAR COUNCIL OF INDIA- RULES OF CONDUCT ........................................... 13

A. RULES AS DUTY TOWARDS THE COURT ......................................................... 14

B. RULES AS DUTY TOWARDS THE CLIENT ........................................................ 17
C. RULES AS DUTY TOWARDS FELLOW ADVOCATES ..................................... 20

IV. MEANING OF FACTUAL PROPOSITION AND LEGAL ASPECTS ............... 21

A. FACTUAL PROPOSITION AND ITS IMPORTANCE ......................................... 21

B. LEGAL ASPECT AND ITS IMPORTANCE ........................................................... 23

V. STEPS TO ENHANCE GRASP OF LEGAL ASPECT ............................................. 24

VI. ADVANTAGES OF CODIFIED PROFESSIONAL ETHICS ............................... 25

VII. IMPORTANT CASES ON COURT MANNERS AND PROFESSIONAL

ETHICS .................................................................................................................................. 26

VIII. CONCLUSION ........................................................................................................... 30

BIBLIOGRAPHY .................................................................................................................. 31
 RESEARCH METHODOLOGY PROJECT REPORT |5

TABLE OF CASES

CASES

C.M. Raju v. Shri Mohan Lal, B.C.I. T.R. Case No. 23/2000. -------------------------------------25
Chandrika Prasad v. State of M.P. AIR1985 MP 254. ----------------------------------------------16
D.C. Saxena, AIR 1996 SC 98.-------------------------------------------------------------------------17
In the Matter of Babu Dwarka Prasad Mithal, AIR 1924 All 253---------------------------------- 7
In the Matter of Madhav Singh, AIR 1923 Pat 185 -------------------------------------------------- 7
P. Ramalingam v. Y.B. Sannaih, AIR 1961 Mysore H.C.------------------------------------------- 9
Rajendra Nagrath v. L. Vohra, AIR 2009 MP 131. -------------------------------------------------18
Re Nand Lal Balwani etc., AIR 1999 Sc 1300. ------------------------------------------------------26
Rizwan-ul-Hasan v. State of U.P. AIR 1953 SC 185.-----------------------------------------------14
S.J. Chaudhary v. State, AIR 1984 SC 1755. --------------------------------------------------------17
Shri Ashok Singhal v. Kanwar Sangram Singh, BCI TR. Case No. 24/2005 -------------------25
U.P. Sales Tax Service Association v. Taxation Bar Association, AIR 1996 SCC (5) 716. --14
V.C. Rangadurai v. D. Gopalan, AIR 1979 SCR (2) 1054 -----------------------------------------20
Vikas Deshpande v. Bar Council of India, AIR 2003 SC 308. ------------------------------------20
 RESEARCH METHODOLOGY PROJECT REPORT |6

I. INTRODUCTION TO COURT MANNERS

“Good Manners will open doors that the best education cannot”.

-Clarence Thomas

A Court of law is an organ of Government that provides redressal to the people in case of
violation of their rights, decides the matters of legal dispute, interprets the acts of legislature
when ambiguity occurs, and imparts justice at large. A Courtroom is a very sacred place for a
person who are studying law or had studied law, be it law students, lawyers, judges or even
the people who seek justice, and redressal of their rights, it is a profession, and more than that
it is worshipped for Justice.

“The fundamental aim of legal ethics is to maintain the honour and dignity of the Law
profession, to secure a spirit of friendly cooperation between the Bench and the Bar in the
promotion of the highest standards of justice, to establish honorable and fair dealings of
the counsel with his clients, opponent and witnesses, to establish a spirit of brotherhood in
the bar itself and to secure that the lawyers discharge their responsibilities to the
community generally.”

-Chief Justice Marshall

To maintain the honour of the legal profession, the advocate act has been passed and the Bar
Councils have been established. As per section 35 of the Advocates Act, the State Bar
Councils and the Bar Council of India can punish the advocate for the professional or other
misconducts including immoral conduct.

Thus, it is needless to say that one must compose themselves to their best behavior with
respect for not only the Judges who are presiding over the case but also for the opposing
counsel and party. Everyone in Court, including lawyers, witnesses, police officers and the
public must conduct themselves according to the Court's rules.

Proper etiquette and manners are essential for making a good impression in any situation. The
main reason is to maintain honour, dignity of the law profession and to create a friendly
atmosphere in the court without any biasness and quarrels between advocates which
eventually spoils the bar and bench relations and can ultimately affect the administration of
justice.
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A. ETHICAL ART OF ADVOCACY

Actually, the Law is very complicated. The language of Acts and Regulations is often found
to be very complicated and confusing and not easily understandable. The citizens of the
country require the advice of the advocate to understand the exact meaning of the provisions
of the Act and regulations as well as to support their claims in a court of law.

In the case of Madhav Singh1, the court has observed that advocates and pleaders are
enrolled not only for the purpose of rendering assistance to the Court in the administration of
justice but also for giving professional advice for which they are entitled to be paid by those
members of public who require their services.

The lawyers are not meant to be puppets compelled to obey the dictated terms of their clients,
where matters of good faith and honourable conduct are concerned. They are responsible to
the Court for the fair and honest conduct of a case. They are agents, Not of a man who pays
them but ACTING IN THE ADMINISTRATION OF JUSTICE.2

Justice Abbot Parry has mentioned 7 lamps of advocacy—honesty, courage, industry, wit,
eloquence, judgment and fellowship. An advocate should be honest and a man of integrity
and character. An advocate who is straightforward and possess these three jewels is
appreciated by the Court and the Client alike.3 Mannerism plays an important role in
getting success in legal profession. He should be respectful to the court and try to win the
confidence of the judge. He should not interrupt the judge when he speaks. He should take
time to consider the question put by the judge to him in all aspects and then give reply.
Dealing with the client also plays an important role in getting success in the legal
profession. Soft, decent and fair dealings with the clients make a lawyer popular amongst
people.

The preparation and presentation of a case is an art which is attained by practice. In the
preparation of the case the most important facts should be selected and they should be
remembered with accuracy.

It can be agreed that ethics is a fundamental prerequisite in any profession and not just the
legal profession. Thus, on a general note Ethics basically denotes human behaviour and their
standard of moralities. A lawyer or an advocate must obey certain professional codes with
1
In the Matter of Madhav Singh, AIR 1923 Pat 185.
2
In the Matter of Babu Dwarka Prasad Mithal, AIR 1924 All 253.
3
Justice Raj Kishore Prasad, what do I expect from an Advocate,(published in Art of Lawyer, edited by B
Malik, CJ).
 RESEARCH METHODOLOGY PROJECT REPORT |8

regard to the standards of fair dealing with the client and also includes the standard of
confidentiality required between them.

It is important that legal practitioners conduct themselves with integrity, provide competent
assistance to the courts, and promote public confidence in the court system. In carrying out
their duties, legal practitioners are required and expected to deal with other members of the
legal profession with courtesy and integrity. Advocacy is a noble profession. it is a part and
parcel of the judiciary and administration of justice. Bar and bench are two eyes of the
Justice. There are judicial ethics and etiquette for judges. There are professional ethics and
etiquette for advocates. Every advocate should follow them in his profession.

Rules on the professional standards that an advocate needs to maintain are mentioned
in Chapter II, Part VI of the Bar Council of India Rules. These rules have been placed
there under section 49(1)(c) of the Advocates Act, 1961.4

The Bar Council of India under Section 49 (1) (c ) of the Advocates Act, 1961 had laid
down Standards of Professional Conduct and Etiquette to be Observed by the
Advocates. An Advocate shall comport himself as an officer of the Court, as a privileged
member of the community and a gentleman, bearing in mind that what may be lawful
and normal even for a layman.

B. DEMEANOUR IN COURT
Demeanour refers to the outward actual conduct and appearance of an individual. It is a way
in which things are said in court. eelements that add to an individual's demeanour incorporate
manner of speaking, facial expressions, gestures, and carriage. Every verbal message like
what we say is accompanied by nonverbal clues like how we say it and what we look like
when it is being said.

Black's law dictionary defines “demeanour as the tone of voice in which the witness'
statement is made, the hesitation or readiness with which his answers are given, the look of
the witness, his carriage, his evidence of surprise, his gestures, his zeal, his bearing, his
expression, his yawns, the use of his eyes, his furtive or meaning glances, etc.”

Demeanour evidence is very important in revealing insight into the believability of a witness,
which is one reason why individual presence at the trial is viewed as of central significance
and has extraordinary importance. To help a Judge in its assurance of whether it ought to

4
Rules on Professional Standards are available at: http://www.barcouncilofindia.org/
 RESEARCH METHODOLOGY PROJECT REPORT |9

accept or doubt specific declaration, it should be furnished with the chance to hear
explanations straightforwardly from a witness in court at whatever point conceivable.

Section 280 of the Code of Criminal Procedure, 1973 deals with remarks respecting the
demeanour of a witness and it says that “When a Presiding Judge or magistrate has recorded
the evidence of witnesses, he shall also record such remarks (if any) as he thinks material
respecting the demeanour of such witness whilst under examination”.

In P. Ramalingam v. Y.B. Sannaiah5, the plaintiff has filed the Revision petition
complaining that the witness of the plaintiff, who is the scribe to the document, spoke against
the very document and interests of plaintiff, thus, he sought permission of the court to treat
the witness hostile. The court said that the standard test here is when the witness starts to
exhibit opposite feelings, and specifically by his conduct, attitude, demeanour, it is clear that
he is unwilling to answer or disclose the truth, it is very well established that he is hostile or
friendly to the other party.

The Court in such a case may in its discretion, permit a party to put any question to his own
witness which might be put in cross-examination by his opponent, that is, may permit him to
lead. This in effect implies that the Court may in a fit case allow a party to cross-examine his
own witness as accommodated under Section 137 of the Evidence Act. Hence, the civil
revision petition is allowed by the Court.

It is important that one must work in maintaining the sanctity of the courts. Thus, for the
proper functioning of the Court, each and every person should be aware of their actions and
behaviour in their respective capacities.

C. HISTORY OF ETHICS IN INDIAN LEGAL PROFESSION

Prior to Advocates Act, 1961, the provision for punishment in cases of Misconduct were
common.

1. INDIAN BAR COUNCILS ACT 1926

The Section 10, of the Indian Bar Councils Act, 1926, specifically contained punishments for
misconduct, following are the provisions:-

5
P. Ramalingam v. Y.B. Sannaih, AIR 1961 Mysore H.C.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 10

i “The High Court may, in the manner provided, reprimand, suspend or remove from
practice any Advocate of High Court whom it finds guilty of professional or other
misconduct.
ii Upon the receipt of a complaint made to it by any Court or by the bar Council or by
any other person that any such advocate has been guilty of misconduct, the High
Court shall, if it does not summarily reject the complaint, refer the case for inquiry
either to the Bar Council or after consultation with the Bar Council to the Court of a
district Judge and may of its own motion refer any care in which it has otherwise
reason to believe that any such Advocate has been so guilty.”

2. LEGAL PRACTITIONERS ACT 1879

It also contained provisions for punishing Advocates for misconduct. The provisions of
this act are:-

Section 13 – suspension and dismissal of pleaders and mukhtars guilty of unprofessional

conduct.

Under this section, the High court had the power to suspend, dismiss any Advocate or
Mukhtar (having certificate) after satisfactory inquiry on the grounds that—

i. If a pleader takes instructions in any case except from the party he is representing
or its agent;
ii. If he is found guilty of fraudulent or grossly improper conduct while discharging
his professional duty;
iii. If he gets representation of parties by fraudulent means ;
iv. Or any other such reason.

Any district judge or with his sanction any Judge subordinate to him, any Judge of Small
Causes Court of a Presidency Town, or a District Magistrate or with his sanction any
Collector or any subordinate Revenue Officer under the Collector, had the power to
suspend such a pleader or Advocate from practice pending the investigation and order of
the High Court.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 11

II. NEED FOR COURT MANNERS AND ETHICS

When a person becomes an advocate his relation with men in general are governed by the
general rules of law but his conduct as advocate if governed by the special rules of
professional ethics of the Bar. The main object of the ethics of the legal profession is to
maintain the dignity of the legal profession and the friendly relation between the Bench and
Bar.

The American Bar association Committee has well explained the need of the code of legal
ethics. It has observed that the legal profession is necessarily the keystone of the arch of
the government. If it is weakened by allowing it to corroded due demoralising influence of
those who are controlled by craft, greed, and gain or other unworthy motive, sooner or
later this arch must fall. The future of the country, thus, depends upon the maintenance of
the Shrine of Justice pure and unruled by the advocates and it cannot be so maintained,
unless the conduct and motive of the member of the legal profession are what they object to
be. Therefore, t becomes the plain and simple duty of the lawyers to use their influence in
every legitimate way to help and make the bar what it is ought to be. A code of ethics is one
method of furtherance of this end. The members of bar are the officers of the Court and
they should hold the office only during “Good Behaviour” which should not be a Vague
term, it should be defined and measured by such ethical standards, however high, as are
necessary to keep the administration of justice, pure and unsullied. Such standards may be
crystallized into a written code of professional ethics and lawyer failing to conform thereto
should not be permitted to practice or retain membership in professional organisation.

The major object of court manners and ethics is to maintain dignity and integrity of the legal
profession. Legal ethics helps us to ensure that the legal fraternity of lawyers, judges and
other persons related to law are serving the society honestly and present each case in the most
formal way possible so that the parties have faith in not only their legal representatives but
also on whole justice system at large.

Justice Sundaram Aiyar had urged the need for court manners and legal ethics and stated
that:

“ In this country it must be confessed that very often petitioners are guilty of questionable
conduct owing to ignorance. They do not really know what is proper to be done in any
particular case ad as there are no rules to guide there, no settled traditions to serve as an
inspiration, each one is a law unto himself. It is not desirable that the lawyer’s guidance
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 12

should be altogether under the judicial control. It would be impossible for judges to control
the Bar satisfactorily. Too strict a discipline on the part of the Courts is likely to interfere
in the independence and self-reliance of the members of the bar. It is all the more
necessary, therefore, that there should be disciplinary bodies and that the profession itself
should try and frame rules for its guidance” 6

The fundamental aim of legal ethics is to seek a spirit of friendly co-operation and
understanding amongst the bar, bench and clients. A certain standard of ethics exists between
the lawyer and his client, the opposing counsel and party, the witness being questioned, and
the Judge and lawyer. The duty to be courteous and respectful to counsel on the opposite side
is not a sign of weakness or subordination.

Explaining the advantages of the legal ethics learned C.L. Anand has stated that:

“Advocate being public functionary any one taking to practice at the Bar should have a
correct knowledge of the privileges as well as of the ethical obligations of the members of
his profession. He should be able to distinguish between the right and the wrong on
matters of professional conduct without difficulty or hesitation. This is necessary for the
satisfaction of his own conscience, for the honour and good name of the profession, for the
protection of the client and others concerned in litigation and for the welfare of the general
public. It is the duty of the State to protect persons not only from incompetent lawyers but
also from those who will disregard the obligations of professional service.”7

Legal Profession is not a business but a profession. It has been created by the state for the
public good. Consequently, the essence of the profession lies in three things—

i. Organisation of its members for the performance of their function;

ii. Maintenance of certain standards, intellectual and ethical, for the dignity of the
profession; and
iii. Subordination of pecuniary gains to efficient service.

The profession of legal representation as lawyer serves the most important function by
addressing to the litigatory needs of the society. An advocate has to present his case before
the court fearlessly. He must maintain the dignity of the legal profession as well as the

6
Dr. Kailash Rai, Legal Ethics: Accountability for Lawyers and Bench-Bar Relations p-60 (Central Law
Publications 10th edn., 2011).
7
C.L. Anand, General Principles of Legal Ethics, p 69 (Law Book company,1965).
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 13

dignity of the court. He is considered as an officer of the court and required to uphold the
dignity and decorum of the court.

III. BAR COUNCIL OF INDIA- RULES OF CONDUCT

There are certain set rules that govern the professional conduct of advocates or law
practitioners which is a part of their duty that they owe to the court, their client, their
opponents and other advocates.

Rules on the professional standards that an advocate needs to maintain are mentioned
in Chapter II, Part VI of the Bar Council of India Rules. These rules have been
mentioned under section 49(1)(c) of the Advocates Act, 1961.

Section 49 (1) (c) of the Advocates Act, 1961, empowers the Bar Council of India to make
rules so as to prescribe the standards of professional conduct and etiquette to be observed by
the advocates. It has been made clear that such rules shall have effect only when they are
approved by the Chief Justice of India. It has also been made clear that any rules made in
relation to the standards of professional conduct and etiquette to be observed by the advocates
and in force before the commencement of the Advocates (Amendment) Act,1973, shall
continue in force, until altered or repealed or amended in accordance with the provisions of
this Act.

In the exercise of the rule-making power under Section 49(1) (c) of the Advocates Act,1961,
the Bar Council of India has made several rules so as to prescribe the standards of
professional conduct and etiquette to be observed by the advocates. Chapter II of Part VI of
the rules framed by the Bar Council of India deals with the standards of professional conduct
and etiquette. It contains several rules which lay down the standards of professional conduct
and etiquette. These Rules specify the duties of an advocate to the Court, Client, Opponent
and colleagues, etc. However, from the Preamble it becomes clear that these rules contain
canons of conduct and etiquette adopted as general guides and the specific mention thereof
should not be construed as a denial of the existence of other equally imperative, though not
specifically mentioned.

The Rules mentioned in Chapter II of Part VI of the Rules of the Bar Council of India are
discussed as follows—
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 14

A. RULES AS DUTY TOWARDS THE COURT

1. Conduct behavior- the Advocate should act in order to uphold the dignity of the
court. During the presentation of his case and also while acting before a court, he
should conduct himself with self- respect. However, whenever there is proper ground
for serious complaint against a judicial officer, the advocate has a right and duty to
submit his grievance to proper authorities.
2. Maintain Respect- An advocate must maintain a respectful attitude while at court
and shall respect the dignity of the judicial office as is essential for the survival of a
free community. In the case of U.P. Sales Tax Service Association v. Taxation Bar
Association8, it was stated that the survival of a free community is endangered if an
advocate doesn’t show respect or recognizes the dignity of the judicial officer. It
potentially lowers the spirit of the court.
3. Illegal means prohibited - An advocate shall not influence the decision of a Court by
any illegal or improper means. Private communications with Judge relating to any
matter pending before the judge or any other judge is forbidden. An advocate should
refuse to act in an illegal or improper manner towards the opposing counsel or the
opposing parties. He shall also use his best efforts to restrain and prevent his client
from acting in any illegal, improper manner or use unfair practices in any mater
towards the judiciary, opposing counsel or the opposing parties. This rule also
empowers an advocate to refuse to represent a client if he/she insists on such improper
conduct.
In Rizwan-ul-Hassan v. State of U.P.9, it was observed that an attempt to influence
the decision of court by improper or illegal means and private communication with
the Judge relation to a case are taken not only as professional misconduct but also
contempt of Court.
4. Best Efforts- An Advocate shall not blindly follow the instructions of his client and
be a mere mouth piece on his behalf. He shall refuse to represent any client who
insists on using unfair or improper means. An advocate shall excise his own judgment
in such matters. He shall be dignified in use of his language in correspondence and
during arguments in court. He shall not scandalously damage the reputation of the
parties on false grounds during pleadings. He shall not use unparliamentary language
during arguments in the court.

8
U.P. Sales Tax Service Association v. Taxation Bar Association, AIR 1996 SCC (5) 716.
9
Rizwan-ul-Hasan v. State of U.P. AIR 1953 SC 185.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 15

5. Proper Dress Code- An advocate should appear in court at all times only in the dress
prescribed under the Bar Council of India Rules and his appearance should always be
presentable.
6. No Bands/Gowns in Public Places- An advocate should not wear bands or gowns in
public places other than in courts, except on such ceremonial occasions and at such
places as the Bar Council of India or as the court may prescribe.
7. Prohibition on Appearance - An advocate shall not enter appearance, act, plead or
practice in any way before a Court, Tribunal or Authority, if the sole or any member
thereof is related to be Advocate as father, grandfather, son, grandson, uncle, brother,
nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-
law, daughter-in-law or sister-in-law. The provisions of the section 30 of the
Advocates Act are as follows—
Subject to the provisions of the Advocates act every advocate whose name is entered
in the State roll shall be entitled as of right to practice throughout the territories to
which this act extends—
i. In all courts including the Supreme Court;
ii. Before any tribunal or person legally authorized to take evidence; and
iii. Before any other authority or person before whom such advocate is by or
under any law for the time being in force entitled to practice.
8. Not represent his Own establishment- An advocate should not appear in or before
any judicial authority, for or against any establishment if he is a member of the
management of the establishment. This rule does not apply to a member appearing as
“amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law
Society or a Bar Association.
However, an advocate can appear as an ‘amicus curiae’ on behalf of a Bar Council.
1. Not appear in matters of pecuniary interest: An advocate shall not act or plead
in any matter in which he himself has some pecuniary interest.
2. Not stand as surety for the client: sometimes parties at court or litigants are
required to give surety to the court. An advocate shall not stand as a surety for his
client in any legal proceedings.
9. An Officer of the Court- An Advocate is an officer of the Court and the Court acts
on the statements of the Advocate. It is the duty of the advocate to assist the Court in
the due administration of justice. Consequently, an advocate is required to be
absolutely fair to the Court, he should make accurate statements of facts and should
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 16

not twist the facts. He should not misguide the Court by suppressing the relevant facts
and should not twist the facts. He should not misguide the Court by suppressing the
relevant facts. If an advocate suppresses the relevant fact that earlier an identical
petition has been dismissed by another Bench of the High Court, it would amount to
professional misconduct.10

Learned C.L. Anand11 has observed that an advocate owes respect and courtesy to the Court
for the following reasons:-

(a) An Advocate is like the Judge, himself, an officer of the Court and an integral part of
the judicial machine. The legal profession consists of the Bar as well as the Bench and
both have common aims and ideals.
(b) In theory it is the King or Sovereign who presides in the Court of justice and the
Judge is merely the mouthpiece and representative of the Sovereign. Respect shown
to the Court is, therefore, respect shown to the Sovereign whose representative the
Judge is.
(c) Not only litigants and witnesses but the general public will get their inspirations from
the example of advocates. It is necessary for the administration of justice that the
Judges should have esteem of the people. If Judges are not respected it will tend to
impar public confidence in the administration of justice.
(d) It is the good manners and advocates before anything else are “gentlemen of the Bar”.
(e) Even from a purely practical standpoint, there is nothing to be gained but there is
much to lose by antagonizing the Court. Conflict with the Judge renders the trial
disagreeable to all and has generally an injurious effect upon the interests of the
client.
(f) The usual practice in modern times is to appoint Judges from among the members of
the Bar and even where this rule is not strictly observed the Bench is fairly
representative of the Bar.
(g) It is necessary for dignified and honorable administration of justice that the Court
should be regarded with respect by the suitors and people.

In the case of D.C. Saxena12, the Supreme Court has made it clear that the counsel or party
appearing before the Court should not indulge in writing pleadings, the scurrilous allegations

10
Chandrika Prasad v. State of M.P. AIR1985 MP 254.
11
Supra note 7 at p-175.
12
D.C. Saxena, AIR 1996 SC 98.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 17

or scandalization against the judge or Court. He should maintain dignity and decorum of the
Court. If the reputation or dignity of the Judge who decides the case are allowed to be
prescribed in the pleadings, the respect for the Court would quickly disappear and
independence of the judiciary would be a thing of the past.

B. RULES AS DUTY TOWARDS THE CLIENT

Rule 11 to 33 deal with the duties of an advocate to his client. These rules are:-

1. Rule 11- Bound to Accept Briefs- An advocate is bound to accept any brief in the
courts or tribunals or before any other authority in or before which he proposes to
practice. He should levy fees which is at par with the fees collected by fellow
advocates of his standing at the Bar and the nature of the case. Special circumstances
may justify his refusal to accept a particular brief.
In the case of S.J. Chaudhary v. State,13 the Supreme Court has made it clear that if
an advocate accepts the brief of a criminal case, he must attend the case day to day
and if he does not do so (i.e., if he fails to attend the case), he will be held liable for
breach of professional duty.
2. Rule 12- Should not Withdraw from Service- An advocate should not ordinarily
withdraw from serving a client once he has agreed to serve them. He can withdraw
only if he has a sufficient cause and by giving reasonable and sufficient notice to the
client. Upon withdrawal, he shall refund such part of the fee that has not accrued to
the client.
3. Rule 13- Not appear in Matters where he himself is a Witness- An advocate
should not accept a brief or appear in a case in which he himself is a witness. If he has
a reason to believe that in due course of events, he will be a witness, then he should
not continue to appear for the client. He should retire from the case without
jeopardizing his client’s interests.
In the case of Rajendra Nagrath v. L. Vohra14, the High court of Madhya Pradesh
has held that, it is not proper for an advocate to continue as counsel of plaintiff once
he is being examined as witness in the case on behalf of the plaintiff. He must
volunteer to retire in the case once he has been cited as a witness. An Advocate
cannot identify himself with the client and therefore it is not proper for him to
continue with the case after being examined as a witness.

13
S.J. Chaudhary v. State, AIR 1984 SC 1755.
14
Rajendra Nagrath v. L. Vohra, AIR 2009 MP 131.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 18

4. Rule 14- Full Disclosure- An advocate should, at the commencement of his

engagement and during the continuance thereof, make all such full and frank
disclosure to his client relating to his connection with the parties and any interest in or
about the controversy as are likely to affect his client’s judgement in either engaging
him or continuing the engagement.
5. Rule 15- Fearlessly Uphold the Interest of Client- It shall be the duty of an
advocate fearlessly to uphold the interests of his client by all fair and honorable
means. An advocate shall do so without regard to any unpleasant consequences to
himself or any other. He shall defend a person accused of a crime regardless of his
personal opinion as to the guilt of the accused. An advocate should always remember
that his loyalty is to the law, which requires that no man should be punished without
adequate evidence.
6. Rule 16- Maintain Confidentiality- An advocate should not by any means, directly
or indirectly, disclose the communications made by his client to him. He also shall not
disclose the advice given by him in the proceedings. However, he is liable to disclose
if it violates Section 126 of the Indian Evidence Act, 1872. An advocate should not
misuse or takes advantage of the confidence reposed in him by his client.
7. Rule 17- Avoid Suppression of Material Evidence- An advocate shall not commit
(directly or indirectly) a breach of the obligation imposed by Section 126 of the Indian
Evidence Act, as per this section no barrister, attorney, pleader or vakil shall at any
time be permitted to disclose any communication made with his client in the course
and for the purpose of his employment or disclose any such advice unless with his
client’s express consent. An advocate appearing for the prosecution of a criminal trial
should conduct the proceedings in a manner that it does not lead to conviction of the
innocent. An advocate shall by no means suppress any material or evidence, which
shall prove the innocence of the accused.
8. Rule 18- provides that an advocate shall not, at any time, be a party to fomenting of
litigation.
9. Rule 19- Not to act on instructions of any other person than the client.
10. Rule 20- Not charge depending on the success of matters: this rule provides that
an advocate shall not charge depending upon the success of the lawsuit. Such a
practice is opposed to public policy. Anu such contract for a contingent nature of fee
against Section 23 of the Indian Contract Act.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 19

11. Rule 21and 22- Shall not bid or Purchase Property arising of Legal Proceeding-
An advocate should not by any means bid for, or purchase, either in his own name or
in any other name, for his own benefit or for the benefit of any other person, any
property sold in any legal proceeding in which he was in any way professionally
engaged. However, it does not prevent an advocate from bidding for or purchasing for
his client any property on behalf of the client provided the Advocate is expressly
authorized in writing in this behalf.
12. Rule 23- An advocate must not lend money to his client: it provides that when an
advocate lends money to his client then interest is created. Such a creation of interest
if not allowed as it affects the advocate’s sense of judgment and also disallows the
client to think upon before commencing with engagement.
13. Rule 24- provides that an advocate shall not do anything whereby he abuses or takes
advantage of the confidence reposed in him by his client.
14. Rule 25,26 and 27- provides that an advocate should keep accounts of the clients’
money entrusted to him and the accounts should show the amounts received from the
client or on his behalf, the expenses incurred for him and the debits made on account
of fees with respective dates and all other necessary particulars.
15. Rule 28 to 32- provides that after the termination of proceeding the advocate shall be
at liberty to appropriate towards the settled fee due to him, he shall not lend money or
make monetary arrangements of fiscal benefits from clients.
16. Rule 33- opposite parties: it provides that an advocate shall not represent the
opposite party after withdrawing from the case on behalf of the previous party.

The Relationship between the Lawyer and Client is Fiduciary in nature. A fiduciary
relationship is based on trust and confidence, a client expects their lawyer to maintain a high
degree of fidelity and good faith as their confidential information rests with the lawyers. In
V.C. Rangadurai v. D. Gopalan15, it was observed by the Hon’ble Court that the relation
between the advocate and his client involves the highest personal trust and confidence. Thus,
their relationship cannot be treated as purely professional owing to the nature of confidential
trust, hence, this is a purely fiduciary relationship.

In Vikas Deshpande v. Bar Council of India,16 the appellant advocate took advantage of the
situation that the complainants facing death sentence and obtained the power of attorney on

15
V.C. Rangadurai v. D. Gopalan, AIR 1979 SCR (2) 1054.
16
Vikas Deshpande v. Bar Council of India, AIR 2003 SC 308.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 20

mis-representation in his favor and sold the property of the complainants. Besides, the
appellant advocate fraudulently appropriated the dale-proceeds for his gain. The court held
that he had committed a grave professional misconduct. The Disciplinary committee of Bar
Council of India, permanently disbarred him from practicing as an advocate which was
upheld by the Supreme Court of India.

C. RULES AS DUTY TOWARDS FELLOW ADVOCATES

Rule 34 and 39 framed by the Bar Council of India contain provisions as to the duties of an
advocate towards the fellow advocates and opponents.

1. Not advertise or solicit work- An advocate shall not solicit work or advertise in any
manner. He shall not promote himself by circulars, advertisements, touts, personal
communications, interviews other than through personal relations, furnishing or
inspiring newspaper comments or producing his photographs to be published in
connection with cases in which he has been engaged or concerned.
2. Sign-board and Name-plate- An advocate’s sign-board or name-plate should be of a
reasonable size. The sign-board or name-plate or stationery should not indicate that he
is or has been President or Member of a Bar Council or of any Association or that he
has been associated with any person or organization or with any particular cause or
matter or that he specializes in any particular type of work or that he has been a Judge
or an Advocate General.
3. Negate unauthorized practice of law- An advocate shall not permit his professional
services or his name to be used for promoting or starting any unauthorized practice of
law.
4. An advocate shall not accept a fee less than the actual fee, which can be taxed
under rules when the client is able to pay more.
5. Consent of fellow advocate to appear- An advocate should not appear in any matter
where another advocate has filed a vakalt or memo for the same party. However, the
advocate can take the consent of the other advocate for appearing.
In case, an advocate is not able to present the consent of the advocate who has filed
the matter for the same party, then he should apply to the court for appearance. He
shall in such application mention the reason as to why he could not obtain such
consent. He shall appear only after obtaining the permission of the Court.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 21

IV. MEANING OF FACTUAL PROPOSITION AND LEGAL

ASPECTS

A. FACTUAL PROPOSITION AND ITS IMPORTANCE

Factual proposition means the Facts or circumstances of the case and possess an important
practical credibility. The term fact has been described under section 3 of the Indian Evidence
Act. As per Section 3 of the Indian Evidence Act, “Fact” means and includes:-

i Anything, state of things or relation of things, capable of being perceived by the

senses;
ii Any mental condition of which any person is conscious.

Illustration- that a man heard or saw something, that a man holds certain opinion, has a
certain intention, acts in a good faith or fraudulently or uses a particular word in a particular
sense, all these are facts.

The term “fact” is a Latin derivation from ‘Factum’, meaning ‘a thing performed in the past
or done’ , or ‘something that had occurred’. In legal terms, Facts are the complete traceback
to the story of the incident, offence or crime, it indeed becomes a matter which a court will
act to resolve. It can be said as a root of any case or legal dispute, it is a background analysis
of the Past that led to this case in present serving as a base for the whole case.

Factual Proposition of any case is very important as IT TRACES THE MAIN TRACKS OR
CYCLE OF EVENTS WHICH LED TO CRIME OR AN OFFENCE.

A. TYPES OF FACTUAL PROPOSITION

Facts are also important so as to determine which law can be applied to a case or how law can
be applied to a particular case in the presence or absence of certain facts. These facts may be
of various types:-

1. Relevant Facts- these are the facts which are directly related to the case or incident
that had occurred. These facts tend to make a clear cause and effect relationship that is
alleged to exist in order to prove one side of story by the lawyers. For example- A is
accused of the murder of B by beating him, whatever was said or done by A or B or
anyone else shortly before such an act which forms the part of the transaction is a
relevant act.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 22

2. Coincidental facts – these are those facts which had occurred co-incidental to the
even but does not have any direct link with the cycle of facts and do not have legal
significance and thus they are also known as irrelevant facts. For example- A met
with an accident and co-incidentally an ambulance was already standing at the scene
which took him to the hospital, this is an irrelevant fact for a case.

3. Physical Facts- it means the facts that disclose the actual state of things or their
relation when an offence or crime was committed as per the main story. For example-
A pushed B on a table which was sharp edged that caused A’s death, now the fact that
this table was placed in such a manner is a physical fact.

4. Psychological Fact- it means the mental condition or perception of a person while he

is in a conscious state of mind. For example- A being sad about some difficulties in
life commits suicide, now the fact that he was sad or depressed reveal an important
psychological fact.

B. FACTUAL PROPOSITION AS AN EVIDENCE

It is through a thorough understanding and interpretation of facts that can reveal various
important evidences of the case, which may be so essential that can even reverse the case and
prove the innocence or guilt of the accused beyond a reasonable doubt.

A factual Proposition is evidence in the sense that it can serve for drawing inference either
directly or indirectly, to a matter that is material to the case. For example; the fact that
accused’s fingerprints were found in a room where theft has been committed, is evidence in
the present sense as one can infer from this that he was in the room and his presence is
evidence of his possible involvement in theft.

Various sections of legal statutes, even the Criminal Statutes such as Indian Penal
Code,1886 are based on QUESTION OF FACT. For example:- s. 306- Abetment to
Suicide, s. 498 Cruelty, s 354 Outraging the Modesty of a Woman., etc., all these sections
are working under the presumption of ‘MAY’ (as per section 113A of The Indian Evidence
Act), just because in these sections the innocence or the guilt of the accused is totally based
on the question of fact. Thus, in such cases an advocate or even a judge must be well
versed and aware of factual proposition and its understanding.

FACTS IS THE BASE GROUND FOR AN ISSUE OR DISPUTE WHICH

CONSEQUENTLY BECOMES AN ISSUE BEFORE THE COURT OF LAW.
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B. LEGAL ASPECT AND ITS IMPORTANCE

Legal Aspects means the law, the intention displayed by a specific statute, section or
provision that is related to the proposition of facts or case. It makes us aware about reasoning
in the case and can lead us to such a level that we end up questioning the law itself. it also
includes the points of legal reasoning in the proposition that make certain acts questionable
before the court of law on the part of the accused as an offence or that counter those questions
into his innocence by diverting the blame onto the real culprit.

(a) ADMISSIBILITY OF FACTS IN CONSONANCE WITH LEGAL ASPECTS

The relevancy is based on the section 5 and section 7 of the Indian Evidence Act. The
procedural side of the law is the law that lays down the guidelines for the courts to search for
the truth by examining the evidence produced before it either in the form of facts or
otherwise.

An advocate has to frame his arguments keeping in mind the consonance of legal aspects
with factual propositions, and it is his efficiency and knowledge of legal aspects and clarity
of interpretation that leads him to convincing the judge forming a landmark decision.

"Every fact that is legally relevant is also logically relevant but every logically relevant fact
may not be necessarily legally relevant."

It means that general understanding and clarity of factual aspects is not enough, facts even
being logical are not necessarily relevant until and unless the legal aspects are efficiently
construed and applied. Under the Evidence Act, a fact is said to be relevant to another when it
is relevant under the provisions of Sections 6 to 55 of Evidence Act.

(b) PURPOSE OF LEGAL CLARITY

Our country follows the Due Process Model, which is the opposite of the crime control model
where the police and court play an active role in solving the veracity of the allegations made.
In the Due Process Model, it is the parties of the suit on whom the burden of proof is vested.
Thus, it is very important to have a guideline for the submission of facts as evidence.

The broad purpose of legal aspects is to give effect to statutory provision in order to declare
that if a certain state of affairs exist or an offence has occurred, a certain legal consequence
must be followed, e.g., if a dangerous part of a machine in a factory is not securely fenced,
the occupier is guilty of a criminal offence and may be fined.
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Mere existence of laws cannot bring justice due to a number of reasons. It is the combination
of both strong legal aspects and clarity of factual proposition that helps an advocate to prove
the guilt of the accused beyond reasonable doubt or render him innocent.

The statements before the court may take various forms, suppose that it is a statutory offence
to shoot a wild animal and the particular proposition is that ‘A’ at a certain time and place
shot a wild animal. Suppose further that the statements are made by two witnesses each of
whom says on oath, ‘ I saw ‘A’ shoot a. wild animal.” The court must then decide whether
the witnesses are telling the truth and whether they are reliable observers. If they are, the
particular proposition is proved and if they are not, it is not proved. 17

V. STEPS TO ENHANCE GRASP OF LEGAL ASPECT

1. Facts as evidence- A factual Proposition is evidence in the sense that it can serve for
drawing inference either directly or indirectly, to a matter that is material to the case.
2. Better applicability of law- The aim of a case is not merely to present a legal
dissertation to the judge, but to explain what the result should be when the law is
applied to the facts of a particular case. Therefore, it is important to be aware of
exactly what the facts of your case are. Rechecking the facts often will be an
important part of any preparation, but to begin with, you will almost certainly be
reading the facts to identify the applicable law and the likely legal issues.
3. Framing arguments or pleadings and presentation of the Case- Having a firm grip
on the basics of the legal concepts of law is very important to build valid and strong
arguments to be presented in the court. It is the combination of both strong legal
aspects and clarity of factual proposition that helps an advocate to prove the guilt of
the accused beyond reasonable doubt or render him innocent. Without the presence of
this tool, mere allegations do not build any case in front of a judge in the court.
4. Facts precedence over Legal Aspects- It is now widely recognized that all general
legal rules are bounded on one side by numerous special exceptions, and on the other
side by corollary rules compelling a contrary result. Whether a particular case shall be
governed by Rule A, by the exceptions to Rule A, or by Rule Contra-A depends
entirely upon what the court or jury believes the "facts" to be; and a very slight
difference in the "facts" found -by the tribunal may make a vast difference in the
result of a case.

17
W.A Wilson, A Note on Fact and Law, 609, The Modern Law Review(2), volume 26 (1963).
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 25

5. Efficient Adjudication of case- In making decisions, judges first determine their

answer based on the whole of the facts, and afterwards find the supporting legal
principle. All legal minds need to function in this manner, i.e., by first taking into
account the sum total of the facts affecting a particular case. Another reason for its
importance is that the determination of whether the court’s opinion is on point is
largely governed by the similarity between the facts of the client’s case and the facts
of the court opinion.
6. Proper Application of Judicial Mind- Our legal system aims at providing justice to
all concerned and this could not be done in a mechanical way. It is a matter of
prudence that no one law shall be applied to all the cases in the similar way. The facts
of each case are special and therefore there could not be any strait jacket formula for
application of law to the facts. Here comes the role of Judicial mind. Time and again
the importance of application of Judicial Mind to the facts of the case has been
highlighted by the Apex Court and this is only feasible when the Judicial Officer at
large has done a perusal of facts and can read in between the facts of the case.
7. Differentiates relevant facts from irrelevant facts- It is imperative to comprehend
all the facts in a given case and the relationship between them, and how to put
pertinent information into the forefront, while downplaying the rest. Once the facts
are sorted, only then do we need to develop our arguments. It is of extreme
importance that facts irrelevant to the case must be side-lined and not argued upon to
prevent the wastage of time of Court and also to prevent the abuse of the process of
the Court.

VI. ADVANTAGES OF CODIFIED PROFESSIONAL ETHICS

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

The main intent behind these legislations is to prevent the exploitation of clients and patients
or anyone at the receiving end of their services and of course to maintain the integrity of the
profession. Just like every other provision and statute these rules and codes are not absolute
in nature and can be amended or repealed as and when need be, felt.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 26

Thus, it is necessary that codified legal ethics help in efficient and smooth process of law.
following are major advantages of Professional ethics in Indian Courts:

1. For Social Control- a code of professional ethics promotes and provides a sense of
social control. It makes each new person entering the field of law aware of the
standards that need to be met with, in the profession. It also helps to keep the senior or
old members of professional fraternity in line as per the standards of social
requirement and expectations.
2. To Standardize Rules, Protocols and Ethics- if a code for professional ethics is not
defined or codified, the government or society may become dominant and try to
control these standards through its agencies. Thus, in order to prevent such control
and interference, a code is required. Therefore, the legal fraternity itself had adopted
the code of ethics in order to standardize Rules, Protocols and ethics and prevent
dictatorship or dominance of government agencies.
3. Level of Conduct- higher standards of conduct can only be developed by codifying it.
The codes bring about a sense of permanence and crystallize the standard of best
ethics about the profession. An upper level can only be reflected with having a good
ethical background.
4. Moral Values- the existence of code is a Moral example for other professions and
serves educative, corrective and appreciable values to present day advocates and
upcoming generations.

VII. IMPORTANT CASES ON COURT MANNERS AND

PROFESSIONAL ETHICS

In C.M. RAJU V. SHRI MOHAN LAL18, the respondent sent a letter on 21st January 1987
to complainant, who had met with an accident and was under treatment that he will file his
compensation case and will charge 10% of the compensation to be awarded, as his fee. After
the case was entrusted to him; he did not inform about the progress. No petition for
compensation was filed with Motor Accident Claims Tribunal and a false case number was
conveyed. Disciplinary committee of the State Bar Council sent several notices to respondent
Advocate, who did not appear within one year. Case was transferred to the Bar Council of
India who also sent several notices and proceeded ex-parte.
18
C.M. Raju v. Shri Mohan Lal, B.C.I. T.R. Case No. 23/2000.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 27

Held that the respondent Advocate has committed professional misconduct and deserves
punishment. The Bar council of India Debarred the said Advocate from practice as an
Advocate before any court for a period of five years from the date of the publication order.

In the case of Shri Ashok Singhal v. Kanwar Sangram Singh19, Complainant alleged that
respondent advocate published a weekly newspaper in the name of his wife and by publishing
defamatory news, was black-mailing complainant. In a complaint lodged by the complainant
u/s 384, 506 and 34 IPC the district and session Judge dismissed his bail application
mentioning his behaviour in Court. He was indulging in personal propaganda by printing his
photo and name in bold letters. He got registration of another newspaper in his own name
without permission of the State Bar Council.

It was held that by putting his photograph and by publishing his name in front age of
newspaper he has tried to publicize himself and his conduct is in violation of Rule 36 of the
Bar Council of India Rules. By getting the registration newspaper in his own name without
the permission of the State Bar Council and publishing of newspaper in the name of his wife
is a violation of Rules 36 and 47 and thereby he has committed professional misconduct. The
respondent was suspended from practice for a period of ten years and debarred from
practicing in any Court or before any authority and any person in India.

Re Nand Lal Balwani Etc.20

In the morning of 26th February 1999, while the court proceedings were going on. Mr. Nand
Lal Balwani, who claims to be an advocate enrolled with the Bombay Bar Association since
1955, had apparently no case on the Board of that Bench, shouted slogans in the open court
and thereafter hurled his shoe towards the court thereby interrupting the court proceedings.
He was informed that his action was aimed at intimidating the court and causing interference
in conduct of judicial proceedings which amounted to gross contempt of Supreme Court. He
was informed of the charge and asked if he has anything to say in his defence. At his request,
time was given to time to file an affidavit in response to the charge. Mr. Nand Lal was
present before this Court and accepted the charge had been read out to him and he understood
the same. He states that he had filed his affidavit in which he had admitted his intemperate
behaviour in the court this morning. He was further given a chance to defend himself he did
not have anything to say but had filed an interim affidavit giving details of how he had been

19
Shri Ashok Singhal v. Kanwar Sangram Singh, BCI TR. Case No. 24/2005
20
Re Nand Lal Balwani etc., AIR 1999 Sc 1300.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 28

prosecuted by the police agencies so far. The court did not consider it necessary to examine
him any further on that aspect since insofar as the charge was concerned, he had nothing
further to day.

The court held him guilty of Contempt of Court according to section 14 of the Contempt of
Courts Act,1971, his actions both by words and deeds, in the presence of the court amounted
to gross criminal misrepresentation. His actions were aimed at intimidating the court and
causing interference in judicial proceedings. It was considered unfortunate that a person
belonging t Bar had behaved in such a manner.

IN CJI’S OBJECTION TO ‘YOUR HONOUR’, - A RENEWED DEBATE ON COURT

ETTIQUETTE

The debate around court etiquette in India was triggered again on 23rd February 2021, after a
Supreme Court Bench headed by Chief Justice of India (CJI) S A Bobde objected to a
petitioner addressing judges as “Your Honour”.

“When you call us Your Honour, you either have the Supreme Court of United States or the
Magistrate in mind. We are neither,” the CJI told the petitioner, a law student.

After the student apologised and said that he would henceforth use “My Lords”, the CJI
replied: “Whatever. We are not particular what you call us. But don’t use incorrect terms.”

CJI Bobde had taken exception to judges being addressed as “Your Honour” in August 2020
as well. Then too, he had asked the petitioner whether he was appearing before the US
Supreme Court, and reminded him that this was not the accepted practice in Indian courts.

For years, there have been efforts to purge from courtroom protocol salutations such as “My
Lord” and “Your Lordship” — a practice inherited from British rule. The Advocates Act of
1961, under section 49(1)(c), empowers the Bar Council of India to make rules on
professional and etiquette standards to be observed by advocates. To address this issue, a
Resolution by the Bar Council of India in 2006 added Chapter IIIA to Part VI of the BCI
Rules. The provision and its explanation read as follows:

CHAPTER-III A 3: To address the Court-- Consistent with the obligation of the Bar to show
a respectful attitude towards the Court and bearing in mind the dignity of Judicial Office, the
form of address to be adopted whether in the Supreme Court, High Courts or Subordinate
Courts should be as follows: “Your Honour” or “Hon’ble Court” in Supreme Court & High
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 29

Courts and in the Subordinate Courts and Tribunals it is open to the Lawyers to address the
Court as “Sir” or the equivalent word in respective regional languages.”

As the words “My Lord” and “Your Lordship” are relics of a Colonial past, it is proposed to
incorporate the above rule showing respectful attitude to the Court.” Interestingly, while the
2006 notification discouraged the use of “My Lord” and “Your Lordship”, it prescribed
“Your Honour” or “Hon’ble Court” as an acceptable way for addressing the Supreme Court
& High Courts, and “Sir” in Subordinate Courts and Tribunals. However, the Bar Council of
India issued a statement on Tuesday, saying that it had passed a resolution in 2019 advising
advocates not to use it in High Courts and in the top court to maintain the “graciousness and
dignity” of the court. It is not clear if the Rules had been amended in line with the resolution.

Judges should be addressed in courts in a respectful and dignified manner and it is not
compulsory to call them "my lord", "your lordship" or "your honour", the Supreme Court
today said. "When did we say it is compulsory. You can only call us in a dignified manner," a
bench comprising justices H L Dattu and S A Bobde observed during the hearing of a petition
which said addressing judges as "my lord or your lordship" in courts is a relic of colonial era
and a sign of slavery. "To address the court what do we want. Only a respectable way of
addressing. You call (judges) sir, it is accepted. You call it your honour, it is accepted. You
call lordship it is accepted. These are some of the appropriate ways of expression which are
accepted," it said while refusing to entertain the PIL filed by 75-year-old advocate Shiv Sagar
Tiwari.

The bench said his plea for banning the use of such terms and directing the courts that the
judges should not be addressed in such a traditional manner cannot be accepted.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 30

VIII. CONCLUSION

In conclusion it can be said that legal ethics and legal profession are closely linked. The
existence of codified legal ethics support that court manners hold an important position in the
field of Law. The Bar Council of India ensures that advocates conform to these rules. The
main purpose is to maintain dignity of the Court and ensure independence of Judges in
making decisions, without any pressure or threats. In the dynamic world of Law, a high
standard of ethics and professional conduct is the only tool that can ensure a stimulant justice
system which can maintain the faith of society in Law.
 R E S E A R C H M E T H O D O L O G Y P R O J E C T R E P O R T | 31

BIBLIOGRAPHY

PRIMARY SOURCES:-

1. Bar Council of India Part IV Rules of Legal Education.

2. W.A Wilson, A Note on Fact and Law, 609, The Modern Law Review(2), volume 26
(1963).
3. Wills, W., 1852, An Essay on the Principles of Circumstantial Evidence,
Philadelphia: T & J W Johnson, reprint from the third London edition.
4. Allen, R. and P. Roberts, International Journal of Evidence and Proof (Special Issue
on the Reference Class Problem), vol. 11, no.4(eds.), 2007.
5. Henry Prakken and Giovanni Sartor, Law & Logic: A Review from an
Argumentation Perspective, Elsevier, 2015

BOOKS:-

1. Prof. Tushar Kanti Saha, A Textbook on Legal Methods, Legal System & Research,
(Universal Law Publishing Co., New Delhi, 2014).
2. William J. Goode & Paul K. Hatt, Methods in Social Research (Surjeet Publications,
1st Indian Reprint, New Delhi, 2006).
3. Dr. S.P. Gupta, Professional Ethics, Accountancy for Lawyers Bench and Bar
relations, ( Central Law Agency, 4th edn).
4. Dr. Kailash Rai, Legal Ethics: Accountability for Lawyers and Bench-Bar Relations,
(Central Law Publications, 10th edn., 2011).
5. Bar Council of India, Selected Judgements on Professional Ethics,(Bar Council of
India Trust, 1st edn. Vol 2, New Delhi, 2012).

WEB SOURCES:-

1. Rules on Professional Standards, available at: www.barcouncilofindia.org.in

2. Court Etiquettes, available at: https://highcourtchd.gov.in/
3. Clarity and precision of proposition available at: www.jstor.org
4. Case laws available at : https://scconline.com

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