Moot Court Notes

Sachika & Ketan Moot Court Notes
MOOT COURT KETAN ANSWERS

Q-Defences-civil and criminal contempt
The Law of Contempt is quasi-criminal and it results in penal consequences. Therefore, it becomes a matter
of necessity that a person against whom proceedings for contempt have been initiated must be armed with
certain defences.
The defences available to a contemnor have been engrafted in section 3 to section 8 and section 13 of Contempt
of Court’s Act, 1971. The defences are divided into civil and criminal defence.
Defenses in Civil Contempt:
1. Disobedience or breach of the undertaking was not willful.
In civil contempt the following preconditions are necessary:
• There must be judgment, order, decree, direction, writ or an undertaking given to the court.
• There must be disobedience to such judgment etc. on breach of undertaking.
• Disobedience must be willful.
If the contemnor proves that there was no willful disobedience or the breach, he may be absolved from liability
of civil contempt. The court is free to presume the intention of the person through his act. It is upon the court
to decide whether there was a breach of any undertaking given to the court, which was willful or not.
2. The order has been passed without jurisdiction.
If the order disobeyed is proved to have been passed by a court without jurisdiction or if there has been any
kind of violation, been proved but under no jurisdiction, the same would amount to contempt. The order passed
without jurisdiction is void and void orders binds nobody. The burden to prove that the court which has passed
the order had no jurisdiction to pass, lies on the person who alleges it.
3. Order disobeyed is vague and ambiguous.
It would be a defense in contempt proceedings that the order is vague and ambiguous. An order is considered
vague if it was not specific and complete. For initiating contempt proceedings for disobeying, the order is
required to be specific and complete because a contempt petition based on the implication of the order is not
likely to succeed.
A person may take the plea that the terms of the order are ambiguous. The court had made it clear that if the
direction in order of court depends on certain other facts and such facts are left undefined by the order, the
order will be taken as ambiguous and its violation will not amount to contempt of court.
4. Order involves more than one reasonable interpretation.
If the court’s order involves more than one reasonable and rational interpretation and the respondent adopts
one of them and acts by such interpretation, he can’t be liable for contempt.
5. Compliance with the order is impossible.
If the contemnor can prove that the order for compliance is impossible to comply with due to many reasons,
he will not be liable for contempt of court. It can be stated that order is not practically possible to be executed
due to parity of time or circumstances beyond the control.
6. No knowledge of the order.
A person can’t be held guilty of contempt in infringing an order of a court of which he knows nothing or where
an order of status quo is passed by the court but the party continues the work before receiving the order and
also he has no actual knowledge of order, he will not be liable.
Similarly, if the court passes an order, requiring a party to do a specific action within the time specified but
the order is served to the party after the expiry of the time so specified, non-compliance with the order will
not amount to contempt. If a person concerned deliberately evades service of the order, he can’t escape liability
on the ground that the order was not formally served on him.
7. Alternative Remedy available.
Since contempt jurisdiction is an extraordinary one, it should not be used whenever an alternative remedy is
available.
Defenses in Criminal Contempt:
1. Innocent publication and distribution of matter.
Section 3 enumerates defences available to contemnor about some publication or distribution of such
publications. Some comments or matters that may interfere or tend to interfere with the process of justice or
obstruct or tend to obstruct the course of justice in connection with any civil or criminal actions pending at
the time of publication are immune from prosecution.
However, if the publisher had no reasonable reasons to believe that the proceeding was underway at the time
of publication, the publication is defined as “innocent” by this section.
2. Fair and Accurate report of judicial proceedings.
Section 4 provides that a person shall not be guilty of contempt of court for publishing a fair and accurate
report of judicial proceedings or any stage thereof. It is a general rule that the administration of justice should
be open and public.
This principle is based on public interest considerations. Consequently, must give way when public interest
indicates the degree of privacy. This provision is subject to the provisions contained in Section 7 of the said
Act.
Publication of proceedings held in chambers or camera: (Section 7)
The right to publish fair and accurate reports of judicial proceedings is limited to generally those judicial
proceedings which are conducted in open court. However, this right doesn’t extend to the proceedings held in
Chambers or camera. But there are certain exceptions according to Section 7(1):
• Where publication is contrary to provisions of any enactment for time being in force.
• Where the court, on the ground of public policy, or in the exercise of any power vested in it, prohibits the
publication of all information relating to proceedings or of information of description which is published.
• Where the court sits in Chambers or camera for reasons connected with public order or security of the state,
publication of information relating to those proceedings.
• Where information relates to secret process discovery of invention which is an issue in proceedings.
3. Fair Criticism of Judicial Act.
Section 5 describes that fair criticism of judicial action is not contempt. This section provides that a person
shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has
been heard and finally decided.
In the case of Arundhati Roy, the Supreme Court held that fair criticism of the conduct of a judge, the
institution of the judiciary and its functioning may not amount to contempt if it is made in good faith and in
public interest.
Conditions of fair comment:
• It must be based on facts truly stated. No comment is fair if it is based on a mistake of fact.
• Must not contain imputation of corrupt motives on the person whose conduct is criticized.
• It must be an honest expression of the writer’s real opinion.
4. Bonafide complaint against presiding officers of the subordinate court

Bonafide complaints against the presiding officer of the subordinate court can be made under Section 6. It
provides that a person shall not be guilty made by him in good faith concerning a presiding officer of any
subordinate court to any other subordinate court or High court to which it is subordinate.
5. The defence of truth in criminal contempt proceedings
If the Court is persuaded that justification by truth is in the public interest and the request for invoking the
defence is bonafide, Section 13 of the Act allows the Court to allow it as a viable defence in any contempt
proceedings. The truth should normally be accepted as a defence unless the court determines that it is really a
ruse to avoid the consequences of a deliberate attempt to scandalize the Court.
Q-MEANING & OBJECTIVE OF MOOTING
Meaning of the term “mooting”

Mooting is a form of an Oral proceeding similar to that of a court proceeding practiced mainly in institutions
and universities where law as a subject is taught to see that how efficient a student is in fighting an argument
based on law. In this a proper court scenario is created where the students act like the Councilors (Advocates)
presenting each side(Plaintiff and Defendant) on the basis of evidences and substantive questions of law argue
with each other to prove their point in front of the judge who in the end will give his judgment in the same
regard and will also declare the winner who has performed the best.
Also, while presenting their arguments the judge can question them on facts or question them on any of the
legal concepts to check the aptitude and in prompt adaptability to the situation of the student. Mooting was
earlier not practised as a subject by the universities in the law courses but now due to the scope and
requirements of lawyers around the globe mooting in the form of “Moot Court” as a subject has been added
to the curriculum of the students so that they get prepared and groomed in a proper manner as a lawyer before
they complete their degree.
For a student who is going to become a lawyer in the near future, mooting is very important as an integral part
of his education because it will help him and make his work easy and present in a real courtroom. It is the
closest experience a student can get of a courtroom by studying in a university or college. Mooting is an
exercise which helps a law student inculcate all the habits and understand all the policies and procedures that
are followed in a court so as to prepare him for his future. For the same purpose, Moot Court Competitions
are organized around the world so that different students from across the globe can come in contact with other
to understand each and every dimension of the concept of mooting.
Objectives behind mooting
Mooting helps in the overall development of an individual as a good and proficient lawyer and participating
in Moot Court Competition regularly makes a student familiar with the proceedings that take place generally
in real courtrooms. Thus, the advantages of mooting are as follows:
A) Networking
One of the important features of mooting is that it helps you to connect and socialize with so many people
across the globe with whom you connect in the process of mooting. As students from different places and
colleges come to represent themselves, it gives an opportunity to get the exposure to the outside world.
B) Researching and Writing Skills

Participating in the moot court competitions helps you in enhancing your researching skills because it is your
research on the basis of which you will be fighting your case and representing your side and it also helps you
in framing a good moot court memorial on the basis of which the other team would raise objections and
question you. This will also help in enhancing your skills as to how to adapt to prompt situations and how you
tackle situations where you are at unease.
C) Building Confidence
Mooting helps an individual to build his confidence in communicating and putting his view in front of the
people. It helps a person to build his confidence to such an extent that he does not fear to question or to speak
in front of anybody and can fight cases efficiently.
D) Practical Knowledge
Mooting helps in giving the practical implication and knowledge to the students who are studying law in such
a way which they will never find in the books and would be unaware of, as practical and theoretical knowledge
are like two different sides of the same coin and to pass the hurdle you need to study both of them although
both look same but are totally opposite in reality.
E) Team Work
Moot court competitions take place in the school or colleges who organizes it and the various teams from
different colleges come and participate in the event. The team comprises of 3 students with one as the
researcher and the other two as the speakers presenting their arguments on either side. This teaches the students
to perform well when they are together in as a team and analyze what are their strengths and weakness, how
can they work upon them to achieve maximum efficiency. It also helps to work with people who are different
from you and it also teaches how to coordinate with each other.
F) Helps in career
Mooting is one of the most important things that help you in your career and your future growth as well.
Mooting is one thing that inculcates a lot of habits and discipline that are requirements by many of the Law
firms Recruiters and when a law student sits in a Job Interview, if your resume will display that you have done
a different kind of moots then it will be very beneficiary as the employer will know that you have a good
amount of knowledge in this field and you have experience and your chances of being selected will
automatically go up.
Q-TYPES OF MOOTS AND STRATEGIES

Moot court, like law review and clinical work, is one of the key extracurricular activities in many law schools
around the world. Depending on the competition, students may spend a semester researching and writing the
written submissions or memorials, and another semester practicing their oral arguments, or may prepare both
within the span of a few weeks. Whereas domestic moot court competitions tend to focus on municipal law
such as criminal law or contract law, regional and international moot competitions tend to focus on cross-
border subjects such as EU Law, public international law (including its subsets environmental law, space law,
and aviation law), international human rights law, international humanitarian law, international criminal law,
international trade law, international maritime law, international commercial arbitration, and foreign direct
investment arbitration. Ancillary issues pertaining to jurisdiction, standing, choice of law, and remedies are
also occasionally engaged, especially in arbitration and international law moots.
Types
Appellate Moot Court Competitions
Appellate moot court competitions are the most common type of moot court competition. They simulate
appellate court proceedings, where a panel of judges hears oral arguments from two competing teams, each
representing a party in the case. In these competitions, the teams are usually required to prepare and submit
written briefs before the oral arguments are presented. The written briefs typically include a summary of the
legal issues in the case, a statement of the relevant law, and arguments supporting the team's position. The
oral arguments usually consist of a 15-20 minute presentation by each team, followed by questions from the
judges.
Trial Moot Court Competitions
Trial moot court competitions simulate trial court proceedings. In these competitions, two teams represent the
plaintiff and defendant in a mock trial. The teams present opening and closing arguments, conduct direct and
cross-examinations of witnesses, and introduce exhibits. In addition, the teams may be required to prepare and
submit written motions, pleadings, and other court documents.
International Moot Court Competitions
International moot court competitions focus on international law and issues related to global politics. These
competitions simulate proceedings before international courts, such as the International Court of Justice or the
International Criminal Court. They require teams to research and present legal arguments on complex
international law issues. International moot court competitions provide law students with an opportunity to
engage with international law and gain experience in cross-cultural communication.
Specialty Moot Court Competitions
Specialty moot court competitions focus on specific areas of law, such as intellectual property, environmental
law, or human rights. These competitions require teams to research and present legal arguments on issues
related to the specific area of law. Specialty moot court competitions provide law students with an opportunity
to explore their interests in specific areas of law and gain expertise in those areas.
In conclusion, moot court competitions provide law students with valuable experience in legal research,
writing, and oral advocacy. There are several types of moot court competitions, each with its unique focus and
requirements. Law students can benefit from participating in moot court competitions, as they offer an
opportunity to develop skills and gain practical experience that will help them in their legal careers.
Strategies
1. Read the materials
Familiarize yourself with the major legal and factual points of your case. If you’ve been given any example
briefs or bench memos, review these very carefully. The goal of your oral argument is to state the best points
for your side persuasively and forcefully, to clarify points not well made in the written materials and to address
weaknesses in your case as well as counterpoints to your opponent’s arguments.
2. Know the facts of the case
You should know and understand every page that makes up the record. During oral argument, you should be
the expert on the facts and be able to field any questions from the judges regarding the record.
3. Read the important authorities relied upon by each side
Some moot court judges will be familiar with at main authorities, so be prepared for questions on the holdings
of these cases as well as the reasoning behind the relevant holdings. If you don’t have time to read the entire
opinion, then read the court’s disposition on the issue, the relevant issue section and how the court applied
their reasoning to the facts. At the very least, you need to be able to understand how this case applies to your
case, how the facts are similar or different and how the court ultimately ruled.
4. Create a unifying theme
Choose a central theme to focus and strengthen your argument. A theme will set the tone for your oral
argument, and you’ll want to return to it as you answer questions from the judges. As an advocate, you want
to make that theme resonates so that the judges remember your central message long after you’ve left the
room.
5. Prepare responses to likely questions
In addition to thinking about what questions you want to answer, play devil’s advocate. What are the weakest
points in your case? What would you have most difficulty responding to? What questions do you dread?
Spend time coming up with candid answers to all of these types of questions. Nothing is worse than seeming
flustered after a question from the bench. And nothing looks better than giving a great answer to a question
that the judge thinks will stump you.
6. Create a brief outline of your argument
Outline on a single sheet of paper, or on the inside of a manila folder that will be open in front of you at the
podium. Include your major points so that you can use it as a quick reference — but do NOT write every word
of your argument down.
Oral arguments are supposed to be a conversation between you and the court. It should be an interchange of
ideas between you and the judges. This means that you want to maintain as much eye contact as possible and
remain flexible so that you can engage in a dialogue with your panel.
If you want, you can write out your introduction as a bit of a security blanket. If you have time, it can be
helpful to memorize the first minute or so because it will help you feel settled at the beginning.
In your outline — near the top and the bottom — be sure to include exactly what you are asking the court to
do. That needs to be clear to you and clear to the judges, so it’s good to mention it during your introduction
as well as provide a strong prayer for relief during your close.
7. Practice
While this seems a bit obvious, but it’s one of the most important parts of preparation. Run through it a few
times by yourself without any interruptions or observers. This will give you an idea of what is working and
what sounds good. You will likely find yourself revising your outline as you practice.
After practicing the arguments alone a few times, then practice in front of a friend or take a video of yourself.
Q-CONTEMPT OF COURT, ILLUSTRATIONS AND CASE LAWS

“The term ‘Contempt of Court’ is a generic term descriptive of conduct in relation to particular proceedings
in a court of law which tends to undermine that system or to inhibit citizens from availing themselves of it for
the settlement of their disputes.” In India, the concept of Contempt of Court is defined in Section 2(a) of the
Contempt of Courts Act, 1971 which has broadly describe it as civil contempt or criminal contempt. There
are two Articles in the Constitution of India which talk about the Contempt of Court and these are Article 129
and Article 142(2)
If a person named Akash has to prove that the other person named Sita is guilty of committing an act which
is an offence in a court of law. Then he has to show the court that the offence which Sita has done is fulfilling
the essential required to commit that act or not. If the essentials of that will be fulfilled then he will be liable
for that act. Similarly, every offence has certain exceptions that has to be fulfilled for making the person liable
for doing that act. Contempt of Court also has certain essentials and these are as follows:
Disobedience to any type of court proceedings, its orders, judgment, decree, etc should be done ‘willfully’ in
case of Civil Contempt.
In Criminal Contempt ‘publication’ is the most important thing and this publication can be either spoken or
written, or by words, or by signs, or by visible representation.
The court should make a ‘valid order’ and this order should be in ‘knowledge’ of the respondent.
The action of contemnor should be deliberate and also it should be clearly disregard of the court’s order.
These essentials should be fulfilled while making someone accused of Contempt of Court.
Types of Contempt of Court in India
Depending on the nature of the case in India, Contempt of Court is of two types.
Civil Contempt
Criminal Contempt
Civil Contempt
Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful disobedience to the order,
decree, direction, any judgment or writ of the Court by any person or willfully breach of undertakings by a
person given to a Court. Since Civil Contempt deprives a party of the benefit for which the order was made
so these are the offences essential of private nature. In other words, a person who is entitled to get the benefit
of the court order, this wrong is generally done to this person.
Criminal Contempt
According to Section 2(c) of the Contempt of Court Act, 1971, Criminal Contempt is Defined as (i) the
publication of any matter by words, spoken or written, or by gesture, or by signs, or by visible representation
or (ii) doing of any act which includes:
a) Scandalize or tends to scandalise, or lowers or tends to lower the authority of any court, or
b) Biasness, interferes or tends to interfere with the due course of any type of Judicial proceedings, or
c) obstructs or tends to obstruct, interfere or tend to interfere with the administration of justice in any manner.
Punishment for Contempt of Court
Section 12 of the Contempt of Court Act, 1971 deals with the punishment for Contempt of Court. High Court
and the Supreme Court have been given the power to punish someone for the Contempt of Court. Section
12(1) of this Act states that a person who alleged with the Contempt of Court can be punished with simple
imprisonment and this imprisonment can extend to six months, or with fine which may extend to two thousand
rupees or can be of both type punishment. However, an accused may be discharged or the punishment that
was awarded to him maybe remitted on the condition that if he makes an apology and this apology should
satisfy the court then only he can be exempted from the punishment of Contempt of Court. Explanation of this
sentence is that if the accused made an apology in the bona fide then this apology shall not be rejected on the
ground that it is conditional or qualified.
The court can not impose a sentence for Contempt of Court in excess of what is prescribed under the given
section of this Act either in respect of itself or of a court subordinate to it.
Remedies against an order of Punishment
Section 13 has been added in the Contempt of Court Act, 1971 after amendment in 2006. The new Act may
be called The Contempt of Court (Amendment) Act, 2006. This Section tells that contempt of court cannot be
punished under certain circumstances or certain cases.
Landmark Contempt Judgments
Supreme Court Bar Association vs Union Of India & Anr [10]
In this case, the Judge held that procedural aspect for Contempt of Court may still be prescribed by the
Parliament so that it could be applicable in the Supreme Court and the High Court. This means that Section
12(1) of the Contempt of Court Act, 1971 which prescribed a maximum fine of Rs. 5000 and imprisonment
for a term of six months shall be applicable in this case.
Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors[11]
It was held in this case that the punishment that is given for contempt in the Contempt of Court Act, 1971
shall only be applicable to the High Court but for Supreme Court, it acts as a guide. The judgment that was
given was not accompanied by rationality, this was worrisome because the Supreme Court has been given
great powers that the drafters of the Indian Constitution has also not given.
Sudhakar Prasad vs. Govt. of A.P. and Ors.[12]
This case is also similar to the Supreme Court Bar Association Case. In this case also once again the Supreme
Court declared that the powers to punish for contempt are inherent in nature and the provision of the
Constitution only recognised the said pre-existing situation.
The provision of the Contempt of Court cannot be used to limit the exercise of jurisdiction given in Article
129 and Article 215 of the Constitution.
P.N. Duda vs V. P. Shiv Shankar & Others[13]
In this case, the Supreme Court observed that the judges cannot use the contempt jurisdiction for upholding
their own dignity. Our country is the free marketplace of ideas and no one could be restricted to criticise the
judicial system unless this criticism hampers the ‘administration of justice’.
R. Rajagopal vs State Of T.N[14]
This case is also known as the Auto Shankar case; in this case, Justice Jeevan Reddy invoked the very famous
doctrine of John Sullivan. This doctrine states that public must be open to strict comments and accusations as
long as made with bonafide diligence, even if it is untrue.
In Re: Arundhati Roy [15]
In this case, the Supreme Court observed that the fair criticism on the conduct of a Judge or the institution of
Judiciary and its function may not amount to contempt if it is made in good faith and in the public interest.
Moot Court - Legal Service Authority Act
Purposes of LSA Act 1987 [or]
LSA Act 1987 was enacted in pursuance of Article 39-A. Explain
Introduction
Free Legal aid is essential for the administration of Justice. This act provides that the Legal Services
Authorities have been constituted for securing justice to all irrespective of any financial or other disabilities
under the Act, and to achieve this objective Lok- Adalat has been constituted as these have the capability of
reforming the present environment in India, which consists of poor and the weaker sections that are
discriminated against and denied their rights. To give direction to the Lok-Adalat, our parliament established
the Legal Services Authorities Act 1987. This Act provided for organizing Lok-Adalat at different levels,
intervals, and places. Since there was no legal framework regarding the establishment, composition,
jurisdiction, procedure, for the Lok-Adalats, people did not take them seriously.
Objectives
The object of the Legal Services Authorities Act is hereunder –
· To establish Legal Services Authorities at various levels.
· To deliver free, open, and competent Legal Services to the downtrodden sections of the society and
· To organize Lok-Adalat.
Legal service should be interpreted as meaning the delivering of any help in the direct of a case or legitimate
continuing under the watchful eye of any court or authority or council and broadening exhortation on a lawful
matter of issue. It could be through giving counsel at the State costs. It might likewise be through making
installment of court-expense for the benefit of the people who are qualified for lawful guide. It might likewise
be through paying different costs associated with the case, costs corresponding to the arrangement of reports
or calling of the observers, and so on.
LSA Act 1987 was enacted in pursuance of Article 39-A
LSA Act targets the non-denial of justice due to economic reasons or other disabilities. The LSA Act fulfills
the objectives of Article 39-A of the Constitution of India which was inserted in Part IV of the Constitution
by the 42nd Amendment of 1976. Poor and illiterate people should have access to legal aid. An individual
does not have to be a litigant in order to obtain legal aid. According to Article 39A of the Indian Constitution,
it is the duty of the State to ensure that the legal system operates on the basis of equality and that in particular,
it must ensure the provision of free legal aid to ensure that citizens of every economic category have access to
justice. Furthermore, Articles 14 and 22(1) make it mandatory for the State to ensure equality under the law
and a legal system that promotes justice from an equal opportunity standpoint. It is the aim of legal aid to
ensure that the law is enforced in its letter and spirit, and equally just treatment is provided to the weakest,
poorest, and most downtrodden sections of society.
Types of Lok Adalats
Following are the types of Lok-Adalat:
· Lok-Adalat (Pre-litigation Dispute)
· Permanent Lok-Adalat
· Continuous Lok-Adalat and
· Mobile Lok-Adalat
Conclusion
The act ensures equality of opportunity in the pursuit of justice. Lok Adalats have become an integral part of
the Indian legal system, providing opportunities for the poor and discouraged to access justice. The
organization has overcome all obstacles to lawful aid, although there are specific areas for improvement that
could make it more effective.
Basic Points of distinctions in Lok Adalats & Permanent Lok Adalats

1.Permanent Lok-Adalat is permanent in nature. But Lok-Adalat is temporary in nature.
2. Any Party to a dispute may make an application to the Permanent Lok-Adalat for settlement of the dispute
before the dispute is brought before any Court. But in Lok-Adalat, there is no such Condition like Permanent
Adalat.
3. Permanent Lok Adalat proposed to work on all working day of courts. But Lok Adalat held on saturdays
and Sunday.
4. Permanent Lok Adalat have jurisdiction over pre-litigation matters only But Lok Adalat have jurisdiction
over pending and pre-litigation matters.
Functioning of Lok Adalat under the LSA Act, 1987
Introduction
Section 19 of the Act provides for the establishment of Lok Adalats. Legal service authorities at all levels,
including the central, state, and district levels, shall hold Lok Adalats. Lok Adalats serve as an alternate dispute
resolution system. Their purpose is to settle cases that are pending or that have not been heard in the courts. It
consists of judicial officers or an authorized person under the jurisdiction of the state, central government, or
local government. Following the conciliation of disputes between the parties and the agreement of the parties,
the award is handed down by conciliators in accordance with Section 21 of the Act. The award has the same
legal effect as a court decision.
Scope of Lok Adalats
Unlike the Supreme Court, Lok Adalat is extremely broad to incorporate most of the cases pending before it
as well as new cases that will be filed in the near future to be settled. The Lok Adalat does not have jurisdiction
over cases relating to offences that cannot be compounded under any law. The Lok Sabha does not refer such
matters to committees without giving the other party a reasonable opportunity to be heard. The Lok Adalat
proceeds to resolve any case referred to it and tries to negotiate a mutually acceptable outcome between the
parties involved with the case. Whenever a Lok Adalat decides a case before it, it adopts the most extreme
efforts for a trade-off or settlement.
Functions of Lok Adalat
o Lok Adalat members should be impartial and fair to the parties.
o Lok Adalat is responsible for handling pending cases in court. In the case of a Lok Adalat settlement,
the court fee paid to the court on the petition will be reimbursed
o When filing a dispute with Lok Adalat, you do not have to pay a court fee.
Conclusion [Same as above]
The act ensures equality of opportunity in the pursuit of justice. Lok Adalats have become an integral part of
the Indian legal system, providing opportunities for the poor and discouraged to access justice. The
organization has overcome all obstacles to lawful aid, although there are specific areas for improvement that
could make it more effective.
Short Note
Permanent Lok Adalat [Or]
Nature of Award of Permanent Lok Adalat
1. Permanent Lok Adalat is organized under Section 22-B of the Legal Services Authorities Act, 1987.
2. The Award of the Permanent Lok Adalat is final and binding on all the parties and its jurisdiction is
up to Rs. One Crore
3. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for
providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to
Public Utility Services like transport, postal, telegraph etc.
4. Here, even if the parties fail to reach a settlement, the Permanent Lok Adalat gets jurisdiction to decide
the dispute, provided, the dispute does not relate to any offense.
5. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into
account the circumstances of the case, and wishes of the parties like requests to hear oral statements,
speedy settlement of the dispute, etc.
Entitlement to avail Legal Services under LSA Act, 1987
1. Under the Legal Services Authorities Act of 1987 different groups of people like women, persons with
disabilities, certain disadvantaged classes of people, and those from low-income groups are entitled to
access free legal services.
2. Based on an application made by the applicant, according to the provisions of the Legal Services
Authorities Act, a lawyer is assigned to provide legal aid.
3. These persons shall be entitled to receive legal services provided that the concerned Authority is
satisfied that such person has a prima facie case to prosecute or to defend.
4. NALSA provides for free legal aid to the persons covered by Section 12 of the Legal Services
Authorities Act and includes various categories of persons.
Moot Court – Disciplinary Committees

1. Functioning & role of Disciplinary Committees or Disciplinary Committees
Introduction
Disciplinary committee means a person or a group of people who are empowered to hear cases and
proceedings involving professional misconduct of an advocate upon a complaint, revision or suo motu. The
disciplinary committee is mainly formed to ensure that the members of the bar council of India or the bar
council of any state are maintaining professional ethics and standards.
Composition of Disciplinary Committee
According to Section 9 of Advocates Act 1961, A Bar Council shall constitute one or more disciplinary
committees, each of which shall consist of three persons of whom two shall be persons elected by the Council
from amongst its members and the other shall be a person co-opted by the Council from amongst advocates
who possess the qualifications specified in the proviso to sub-section (2) of section 3 and who are not members
of the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the
Chairman thereof.
Powers of Disciplinary Committee
Section 42 of the Advocate’s Act, 1961 provides powers of the disciplinary committee. The section states that
the disciplinary committee shall have the same powers as vested in a civil court as per the Code of Civil
Procedure, 1908 which are as follows:
o Summoning and enforcing the attendance of any person and examining him on oath.
o Requiring discovery and production of any documents.
o Receiving evidence on affidavits.
o Requisitioning any public record or copies thereof from any court or office.
o Issuing commission for the examination of witness or documents.
o Any other matter which may be prescribed.
Restricted Powers of the Disciplinary Committee

The disciplinary committee can exercise these powers only with a prior approval of certain authorities. These
are as follows:
o Attendance of any presiding officer of a court shall be allowed only with a prior approval of the High
Court to which such court is subordinate.
o Attendance of any officer of revenue court shall be allowed only with prior approval of the State
Government.
Case Law: Allahabad Bank Vs. Girish Prasad Verma
Facts: A complaint was lodged by the Allahabad Bank against its advocate Girish Verma stating that the
advocate was given 52 suits for filing and accordingly paid him the requisite court fee that was required for
the same. The Advocate Girish Verma filed 50 out of 52 suits and misappropriated the court fees paid to him
for the remaining 2 suits.
Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the advocate had misappropriated
the court fee paid to him by the complainant and hence ordered for striking off the advocates name from the
roll of Uttar Pradesh Bar Council. It further held that “The legal profession is a noble profession and its
members must set an example of conduct worthy of emulation.”
MOOT ANSWERS VIDUSHI

STATE BAR COUNCILS AND THEIR FUNCTIONS
Bar and Bench is the spinal cord of this legal system. Only a coordinated activity of these entities can produce
a smooth functioning of legal system. Since the Legislature was already aware of this fact, it enacted the
Advocate’s Act, 1961 (hereinafter as the Act) to regulate the legal profession.
The Act provided for the constitution of Bar Council of India, State Bar Councils, their powers, enrolment,
qualification, disqualification of Advocates etc.
Structure of State Bar Councils
Section 3 of the Advocates Act mandates that there shall be a Bar Council for every state, and it shall be called
as Bar Council of that state.
As per Section 5 of the Act, every Bar Council shall be a body corporate with perpetual succession and
common seal. It can acquire and hold properties. It can sue or be sued.
There shall be a Chairman and Vice Chairman of each Bar Council elected by the Council. The Advocate –
General of a state shall be ex-officio member of that State Bar Council.
There shall be fifteen members in a State Bar council if the electorate doesn’t exceed five thousand. And it
becomes twenty if the electorate ranges between five thousand and ten thousand.
There shall be twenty-five members in the Council if the number exceeds ten thousand. The members of the
Council are elected through system of proportional representation by means of the single transferable vote
from amongst Advocates on the electoral roll of the State Bar Council.
As per Section 8 of the Act, the tenure of a member shall be five years from the date of publication of the
result. But if the Council fails to conduct an election before the expiry of the term, it may extend such tenure
by a maximum of six months by recording reasons in writing.
As per Section 10B of the Act, an elected member to the council may be disqualified on the grounds that he
was absent in consecutive meetings, or his name is removed from roll of Advocates, or he is disqualified under
any rules prescribed by Bar Council of India.
Functions of State Bar Council

Section 6 of the Act lays down the important functions of a State Bar Council.
They are:
1. To admit persons as Advocates on its roll.
2. To prepare and maintain such roll.
3. To entertain and determine cases of misconduct against Advocates on its roll.
4. To safeguard the rights, privileges and interests of Advocates on its roll.
5. To promote and support law reform.
6. To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
7. To organise legal aid to the poor.
8. To manage and invest the funds of the Bar Council.
9. To provide for the election of its members.
10. To visit and inspect Universities in accordance with the rules for imparting legal education.
11. To promote the growth of Bar Associations for the purpose of effective implementation of welfare
schemes introduced by the Council.
12. To perform any other functions as prescribed by the Act.
13. The time within which and form in which an Advocate shall express his intention for the entry of his
name in the roll of State Bar Council.
14. The form in which an application shall be made to the Bar Council for admission as an Advocate on
its roll.
15. The conditions subject to which a person may be admitted as an Advocate on any such roll.
16. The instalments in which the enrolment fee may be paid.
17. The Council may constitute funds for the purpose of:
a. Giving financial assistance to organise welfare schemes for the indigent, disabled or other
Advocates.
b. Giving legal aid or advice in accordance with the rules.
18. The State Bar Council may receive gifts, donations or any grants for the purposes mentioned above
and such amount may be credited to the welfare funds constituted accordingly.
Committees
Various Committees may be constituted by the State Bar Councils for discharging certain duties. Such as:
Disciplinary Committee
The disciplinary committees are constituted to deal with the cases of professional misconduct of Advocates.
The Council may constitute one or more disciplinary committees. It shall consist of three persons in out of
which two persons shall be members of the Council and the remaining one being selected from the non-
member Advocates.
Legal Aid Committee
One or more legal aid committees may be constituted by the Council. It shall have minimum five members;
however, it cannot exceed nine.
The Legal Aid activities of the Council are monitored, conducted by the committee. The Council prescribes
the qualifications required for the members from time to time.
Executive Committee
It shall consist of five members, and they are elected by the Council amongst its members.
Enrolment Committee
There must be three members in the enrolment committee who shall be elected from the members of the
Council. A State Bar Council shall refer every application for admission as an advocate to its enrolment
committee and it shall decide on the same.
Standing Committees
• Executive committee which shall consist of nine members elected amongst the members of the
Council.
• Legal Education Committee which shall consist of ten members. Five out of ten members shall be
elected by the Council from its members and the remaining five shall be co-opted by the council from
non-member Advocates.
Every Bar Council and every committee other than Disciplinary Committee shall follow the rules of procedure
in regard to transaction of businesses at their meeting. The meeting shall be convened at the headquarters of
the Bar Council except that of Disciplinary Committee.
No person shall be enrolled as an Advocate in more than one state roll.
But a person can file an application before the Bar Council of India to transfer his name from roll of one state
to another nevertheless he will retain the same seniority. The State Bar Council may issue a certificate of
enrolment to Advocates whose name is entered in the roll.
In the case of Bar Council of Delhi & Anr. vs Surjeet Singh and Ors, the Supreme Court observed that it is
manifest that under the Advocate’s Act the qualifications and conditions entitling an Advocate to vote at an
election or for being chosen as a member of the State Bar Council has to be prescribed by the Bar Council of
India. The State Bar Council has no such power.
The power of the State Bar Council is merely to prepare and revise from time to time the electoral roll subject
to the Rules made by the Bar Council of India concerning the qualifications and conditions aforesaid. The
Rule making power of the State Bar councils does not override the powers conferred to Bar Council of India.
Even though Bar Council of India can approve the rules made by the State Bar Councils, rules which are ultra
vires to the parental Act cannot be ratified.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
1. 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 practise. 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.
2. 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. 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 jeopardising his client’s interests.
4. Full and frank disclosure to client
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. Uphold interest of the client
It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable
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 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. Not suppress material or evidence
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.
7. Not disclose the communications between client and himself
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.
8. An advocate should not be a party to stir up or instigate litigation.
9. An advocate should not act on the instructions of any person other than his client or the client’s authorised
agent.
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter undertaken. He also
shall not charge for his services as a percentage of the amount or property received after the success of the
matter.
11. Not receive interest in actionable claim
An advocate should not trade or agree to receive any share or interest in any actionable claim. Nothing in this
rule shall apply to stock, shares and debentures of government securities, or to any instruments, which are, for
the time being, by law or custom, negotiable or to any mercantile document of title to goods.
12. 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 authorised in
writing in this behalf.
13. Not bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or acquire by way of sale, gift, exchange or any
other mode of transfer (either in his own name or in any other name for his own benefit or for the benefit of
any other person), any property which is the subject matter of any suit, appeal or other proceedings in which
he is in any way professionally engaged.
14. Not adjust fees against personal liability

An advocate should not adjust fee payable to him by his client against his own personal liability to the client,
which does not arise in the course of his employment as an advocate.
15.An advocate should not misuse or takes advantage of the confidence reposed in him by his client.
16.Keep proper accounts
An advocate should always keep accounts of the clients’ money entrusted to him. The accounts should show
the amounts received from the client or on his behalf. The account should show along with the expenses
incurred for him and the deductions made on account of fees with respective dates and all other necessary
particulars.
17. Divert money from accounts
An advocate should mention in his accounts whether any monies received by him from the client are on
account of fees or expenses during the course of any proceeding or opinion. He shall not divert any part of the
amounts received for expenses as fees without written instruction from the client.
18. Intimate the client on amounts
Where any amount is received or given to him on behalf of his client, the advocate must without any delay
intimate the client of the fact of such receipt.
19. Adjust fees after termination of proceedings
An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to him from the
account of the client. The balance in the account can be the amount paid by the client or an amount that has
come in that proceeding. Any amount left after the deduction of the fees and expenses from the account must
be returned to the client.
20. Provide copy of accounts
An advocate must provide the client with the copy of the client’s account maintained by him on demand,
provided that the necessary copying charge is paid.
21. An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
22. Not lend money to his client
An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he
is engaged by such client. An advocate cannot be held guilty for a breach of this rule, if in the course of a
pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate
feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for
the progress of the suit or proceeding.
23. Not appear for opposite parties
An advocate who has advised a party in connection with the institution of a suit, appeal or other matter or has
drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party in the same matter.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT
1. Act in a dignified manner
During the presentation of his case and while acting before a court, an advocate should act in a dignified
manner. He should always 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. Respect the court

An advocate should always show respect towards the court. An advocate has to bear in mind that the dignity
and respect maintained towards judicial office is essential for the survival of a free community.
3. Not communicate in private
An advocate should not communicate in private to a judge with regard to any matter pending before the judge
or any other judge. An advocate should not influence the decision of a court in any matter using illegal or
improper means such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition
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.
5. Refuse to represent clients who insist on unfair means
An advocate 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 not blindly follow the instructions of the client. 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.
6. Appear in 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.
7. Refuse to appear in front of relations
An advocate should not enter appearance, act, plead or practice in any way before a judicial authority if the
sole or any member of the bench is related to the advocate as father, grandfather, son, grandson, uncle, brother,
nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-
in-law, brother-in-law daughter-in-law or sister-in-law.
8. Not to wear bands or 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.
9. Not represent establishments of which he is a member
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.
10. Not appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which he has financial interests. For instance, he should
not act in a bankruptcy petition when he is also a creditor of the bankrupt. He should also not accept a brief
from a company of which he is a director.
11. Not stand as surety for client
An advocate should not stand as a surety or certify the soundness of a surety that his client requires for the
purpose of any legal proceedings.
SC MIDDLE INCOME GROUP LEGAL AID SCHEME

• This Scheme is intended to provide legal services to the middle-income citizen i.e. citizen whose gross
maximum income per month does not exceed Rs 10,000 and the annual income does not exceed Rs
1,20,000.
• The Scheme will be applicable for cases intended to be filed in the Supreme Court.
• Under the scheme, middle class people who are not able to afford the expensive litigation in the
Supreme Court can avail the services of the society for a nominal amount.
• The person desirous of availing the benefit of the Scheme shall have to fill up the form prescribed and
accept all the terms and conditions. A litigant/applicant shall have to pay Rs. 500 to the Supreme Court
Middle Income Group (MIG) Legal Aid Society as service charges.
• On satisfaction of Advocate-on-Record for the case to be proceeded with, then the Society will
consider that the applicant is entitled to legal aid. Decision of Learned Advocate-on-Record will be
final insofar as the eligibility of the applicant for obtaining the benefit under the scheme.
• Further, contingent fund will be created to meet the miscellaneous expenditure in connection with the
case under the Scheme by requiring the applicant to deposit upto the stage of admission, a sum of
Rs.750/- in addition to the charges required to be deposited with the Society, out of the contingent
fund.
• If learned Advocate taking the view that the case is not fit one for an Appeal to the Supreme Court,
then the entire amount after deduction Rs.750/- towards minimum service charges of the Committee
shall be refunded to the Applicant through cheque.
• If an Advocate appointed under the Scheme is found negligent in the conduct of the case entrusted to
him, then he will be required to return the brief together with the fee received from the applicant under
the scheme.
• Further, the Society will not be responsible for the negligent conduct of the case but the entire
responsibility will be that of the Advocate vis-a-vis the client. However, name of the Advocate will,
be struck off from the panel prepared under the Scheme.
How is it helpful to citizens?
SHORT QUESTIONS:
BCI Members
The Bar Council of India comprises 18 Members. The Attorney General of India and the Solicitor General of
India are Ex-officio Members of the gathering, and the other 16 Members represent the 16 State Bar Councils
in the nation. The Members are chosen for a time of five years and the Chairman and Vice-Chairman are
chosen for a time of two years from among the Members of the Bar Council of India. The Bar Council further
comprises different advisory groups viz., Legal Education Committee, Disciplinary Committee, Executive
Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules Committee, and different
Committees shaped to investigate explicit issues emerging now and again.
Functions of BCI
Section 7 of the Act specifies the functions of the Bar Council of India. It also gives power to the Bar Council
of India to become a member of international legal bodies such as the International Bar Association.
The functions of the bar council as per Section 7 of the Advocates Act 1961 is as follows:
• To lay down standards of professional conduct and etiquette for advocates as well as protect and
safeguard their rights, privileges and interests.
• The BCI lays down the procedure to be followed by its own disciplinary committee along with the
disciplinary committee of each State Bar Council. The Bar council exercises general supervision
and control over all the State Bar Councils. The Bar Council of India also has the power to deal with
or dispose of any matter under the Advocates Act which may be referred to it by the State Bar
Council.
• The BCI recognizes the Universities in and outside the country whose degrees in law shall be
allowed as a qualification for enrollment as an advocate. The BCI also has the power to visit and
inspect the universities for this purpose.
• The BCI promotes legal education and lays down the standards for such education by consulting the
Universities in India that impart such education. Section 9 of the Advocates Act sets up a legal
education committee for the same. This committee goes for inspecting the various Universities and
reports to the BCI.
• The BCI has the power to promote and support various law reforms and give their suggestions or
recommendations about the same.
• The BCI conducts and organizes seminars and talks on various legal topics by eminent jurists and
publishes journals and papers of legal interest.
• The BCI has the power to manage and invest the funds of the Bar Council. The BCI may give
financial assistance to organize social welfare schemes for the disables, poor and for other
Advocates. The BCI can use the funds for the establishment of legal aid centers and law libraries.
The BCI receives grants, donations and gifts for the abovementioned purposes.
• The BCI has the power to appoint various committees such as Disciplinary committees, educational
committees etc.
• The BCI conducts regular elections to elect the members of the Bar Council.
Moot Court - Legal Service Authority Act

Purposes of LSA Act 1987 [or]
LSA Act 1987 was enacted in pursuance of Article 39-A. Explain
Introduction
Free Legal aid is essential for the administration of Justice. This act provides that the Legal Services Authorities have
been constituted for securing justice to all irrespective of any financial or other disabilities under the Act, and to achieve
this objective Lok- Adalat has been constituted as these have the capability of reforming the present environment in
India, which consists of poor and the weaker sections that are discriminated against and denied their rights. To give
direction to the Lok-Adalat, our parliament established the Legal Services Authorities Act 1987. This Act provided for
organizing Lok-Adalat at different levels, intervals, and places. Since there was no legal framework regarding the
establishment, composition, jurisdiction, procedure, for the Lok-Adalats, people did not take them seriously.
Objectives
The object of the Legal Services Authorities Act is hereunder –
· To establish Legal Services Authorities at various levels.
· To deliver free, open, and competent Legal Services to the downtrodden sections of the society and
· To organize Lok-Adalat.
Legal service should be interpreted as meaning the delivering of any help in the direct of a case or legitimate continuing
under the watchful eye of any court or authority or council and broadening exhortation on a lawful matter of issue. It
could be through giving counsel at the State costs. It might likewise be through making installment of court-expense for
the benefit of the people who are qualified for lawful guide. It might likewise be through paying different costs
associated with the case, costs corresponding to the arrangement of reports or calling of the observers, and so on.
LSA Act 1987 was enacted in pursuance of Article 39-A
LSA Act targets the non-denial of justice due to economic reasons or other disabilities. The LSA Act fulfills the
objectives of Article 39-A of the Constitution of India which was inserted in Part IV of the Constitution by the 42nd
Amendment of 1976. Poor and illiterate people should have access to legal aid. An individual does not have to be a
litigant in order to obtain legal aid. According to Article 39A of the Indian Constitution, it is the duty of the State to
ensure that the legal system operates on the basis of equality and that in particular, it must ensure the provision of free
legal aid to ensure that citizens of every economic category have access to justice. Furthermore, Articles 14 and 22(1)
make it mandatory for the State to ensure equality under the law and a legal system that promotes justice from an equal
opportunity standpoint. It is the aim of legal aid to ensure that the law is enforced in its letter and spirit, and equally just
treatment is provided to the weakest, poorest, and most downtrodden sections of society.
Conclusion
The act ensures equality of opportunity in the pursuit of justice. Lok Adalats have become an integral part of the Indian
legal system, providing opportunities for the poor and discouraged to access justice. The organization has overcome all
obstacles to lawful aid, although there are specific areas for improvement that could make it more effective.
Basic Points of distinctions in Lok Adalats & Permanent Lok Adalats

1.Permanent Lok-Adalat is permanent in nature. But Lok-Adalat is temporary in nature.
2. Any Party to a dispute may make an application to the Permanent Lok-Adalat for settlement of the dispute before
the dispute is brought before any Court. But in Lok-Adalat, there is no such Condition like Permanent Adalat.
3. Permanent Lok Adalat proposed to work on all working day of courts. But Lok Adalat held on saturdays and
Sunday.
4. Permanent Lok Adalat have jurisdiction over pre-litigation matters only But Lok Adalat have jurisdiction over
pending and pre-litigation matters.
Functioning of Lok Adalat under the LSA Act, 1987
Introduction
Section 19 of the Act provides for the establishment of Lok Adalats. Legal service authorities at all levels, including the
central, state, and district levels, shall hold Lok Adalats. Lok Adalats serve as an alternate dispute resolution system.
Their purpose is to settle cases that are pending or that have not been heard in the courts. It consists of judicial officers
or an authorized person under the jurisdiction of the state, central government, or local government. Following the
conciliation of disputes between the parties and the agreement of the parties, the award is handed down by conciliators
in accordance with Section 21 of the Act. The award has the same legal effect as a court decision.
Scope of Lok Adalats
Unlike the Supreme Court, Lok Adalat is extremely broad to incorporate most of the cases pending before it as well as
new cases that will be filed in the near future to be settled. The Lok Adalat does not have jurisdiction over cases relating
to offences that cannot be compounded under any law. The Lok Sabha does not refer such matters to committees without
giving the other party a reasonable opportunity to be heard. The Lok Adalat proceeds to resolve any case referred to it
and tries to negotiate a mutually acceptable outcome between the parties involved with the case. Whenever a Lok Adalat
decides a case before it, it adopts the most extreme efforts for a trade-off or settlement.
Functions of Lok Adalat
o Lok Adalat members should be impartial and fair to the parties.
o Lok Adalat is responsible for handling pending cases in court. In the case of a Lok Adalat settlement, the court
fee paid to the court on the petition will be reimbursed
o When filing a dispute with Lok Adalat, you do not have to pay a court fee.
Conclusion [Same as above]
The act ensures equality of opportunity in the pursuit of justice. Lok Adalats have become an integral part of the Indian
legal system, providing opportunities for the poor and discouraged to access justice. The organization has overcome all
obstacles to lawful aid, although there are specific areas for improvement that could make it more effective.
Short Note
Permanent Lok Adalat [Or]
Nature of Award of Permanent Lok Adalat

6. Permanent Lok Adalat is organized under Section 22-B of the Legal Services Authorities Act, 1987.
7. The Award of the Permanent Lok Adalat is final and binding on all the parties and its jurisdiction is up to Rs.
One Crore
8. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing
compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services
like transport, postal, telegraph etc.
9. Here, even if the parties fail to reach a settlement, the Permanent Lok Adalat gets jurisdiction to decide the
dispute, provided, the dispute does not relate to any offense.
10. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account
the circumstances of the case, and wishes of the parties like requests to hear oral statements, speedy settlement
of the dispute, etc.
Entitlement to avail Legal Services under LSA Act, 1987
5. Under the Legal Services Authorities Act of 1987 different groups of people like women, persons with
disabilities, certain disadvantaged classes of people, and those from low-income groups are entitled to access
free legal services.
6. Based on an application made by the applicant, according to the provisions of the Legal Services Authorities
Act, a lawyer is assigned to provide legal aid.
7. These persons shall be entitled to receive legal services provided that the concerned Authority is satisfied that
such person has a prima facie case to prosecute or to defend.
8. NALSA provides for free legal aid to the persons covered by Section 12 of the Legal Services Authorities Act
and includes various categories of persons.
Moot Court – Disciplinary Committees

2. Functioning & role of Disciplinary Committees or Disciplinary Committees
Introduction
Disciplinary committee means a person or a group of people who are empowered to hear cases and proceedings
involving professional misconduct of an advocate upon a complaint, revision or suo motu. The disciplinary committee
is mainly formed to ensure that the members of the bar council of India or the bar council of any state are maintaining
professional ethics and standards.
Composition of Disciplinary Committee
According to Section 9 of Advocates Act 1961, A Bar Council shall constitute one or more disciplinary committees,
each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its
members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications
specified in the proviso to sub-section (2) of section 3 and who are not members of the Council, and the senior-most
advocate amongst the members of a disciplinary committee shall be the Chairman thereof.
Powers of Disciplinary Committee
Section 42 of the Advocate’s Act, 1961 provides powers of the disciplinary committee. The section states that the
disciplinary committee shall have the same powers as vested in a civil court as per the Code of Civil Procedure, 1908
which are as follows:
o Summoning and enforcing the attendance of any person and examining him on oath.
o Requiring discovery and production of any documents.
o Receiving evidence on affidavits.
o Requisitioning any public record or copies thereof from any court or office.
o Issuing commission for the examination of witness or documents.
o Any other matter which may be prescribed.
Restricted Powers of the Disciplinary Committee
The disciplinary committee can exercise these powers only with a prior approval of certain authorities. These are as
follows:
o Attendance of any presiding officer of a court shall be allowed only with a prior approval of the High Court to
which such court is subordinate.
o Attendance of any officer of revenue court shall be allowed only with prior approval of the State Government.
Case Law: Allahabad Bank Vs. Girish Prasad Verma
Facts: A complaint was lodged by the Allahabad Bank against its advocate Girish Verma stating that the advocate was
given 52 suits for filing and accordingly paid him the requisite court fee that was required for the same. The Advocate
Girish Verma filed 50 out of 52 suits and misappropriated the court fees paid to him for the remaining 2 suits.
Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the advocate had misappropriated the court
fee paid to him by the complainant and hence ordered for striking off the advocates name from the roll of Uttar Pradesh
Bar Council. It further held that “The legal profession is a noble profession and its members must set an example of
conduct worthy of emulation.”
STATE BAR COUNCILS AND THEIR FUNCTIONS

Bar and Bench is the spinal cord of this legal system. Only a coordinated activity of these entities can produce
a smooth functioning of legal system. Since the Legislature was already aware of this fact, it enacted the
Advocate’s Act, 1961 (hereinafter as the Act) to regulate the legal profession.
The Act provided for the constitution of Bar Council of India, State Bar Councils, their powers, enrolment,
qualification, disqualification of Advocates etc.
Structure of State Bar Councils
Section 3 of the Advocates Act mandates that there shall be a Bar Council for every state, and it shall be called
as Bar Council of that state.
As per Section 5 of the Act, every Bar Council shall be a body corporate with perpetual succession and
common seal. It can acquire and hold properties. It can sue or be sued.
There shall be a Chairman and Vice Chairman of each Bar Council elected by the Council. The Advocate –
General of a state shall be ex-officio member of that State Bar Council.
There shall be fifteen members in a State Bar council if the electorate doesn’t exceed five thousand. And it
becomes twenty if the electorate ranges between five thousand and ten thousand.
There shall be twenty-five members in the Council if the number exceeds ten thousand. The members of the
Council are elected through system of proportional representation by means of the single transferable vote
from amongst Advocates on the electoral roll of the State Bar Council.
As per Section 8 of the Act, the tenure of a member shall be five years from the date of publication of the
result. But if the Council fails to conduct an election before the expiry of the term, it may extend such tenure
by a maximum of six months by recording reasons in writing.
As per Section 10B of the Act, an elected member to the council may be disqualified on the grounds that he
was absent in consecutive meetings, or his name is removed from roll of Advocates, or he is disqualified under
any rules prescribed by Bar Council of India.
Functions of State Bar Council
Section 6 of the Act lays down the important functions of a State Bar Council.
They are:
19. To admit persons as Advocates on its roll.
20. To prepare and maintain such roll.
21. To entertain and determine cases of misconduct against Advocates on its roll.
22. To safeguard the rights, privileges and interests of Advocates on its roll.
23. To promote and support law reform.
24. To conduct seminars and organise talks on legal topics by eminent jurists and publish journals and
papers of legal interest.
25. To organise legal aid to the poor.
26. To manage and invest the funds of the Bar Council.
27. To provide for the election of its members.
28. To visit and inspect Universities in accordance with the rules for imparting legal education.
29. To promote the growth of Bar Associations for the purpose of effective implementation of welfare
schemes introduced by the Council.
30. To perform any other functions as prescribed by the Act.
31. The time within which and form in which an Advocate shall express his intention for the entry of his
name in the roll of State Bar Council.
32. The form in which an application shall be made to the Bar Council for admission as an Advocate on
its roll.
33. The conditions subject to which a person may be admitted as an Advocate on any such roll.
34. The instalments in which the enrolment fee may be paid.
35. The Council may constitute funds for the purpose of:
c. Giving financial assistance to organise welfare schemes for the indigent, disabled or other
Advocates.
d. Giving legal aid or advice in accordance with the rules.
36. The State Bar Council may receive gifts, donations or any grants for the purposes mentioned above
and such amount may be credited to the welfare funds constituted accordingly.
Committees
Various Committees may be constituted by the State Bar Councils for discharging certain duties. Such as:
Disciplinary Committee
The disciplinary committees are constituted to deal with the cases of professional misconduct of Advocates.
The Council may constitute one or more disciplinary committees. It shall consist of three persons in out of
which two persons shall be members of the Council and the remaining one being selected from the non-
member Advocates.
Legal Aid Committee
One or more legal aid committees may be constituted by the Council. It shall have minimum five members;
however, it cannot exceed nine.
The Legal Aid activities of the Council are monitored, conducted by the committee. The Council prescribes
the qualifications required for the members from time to time.
Executive Committee
It shall consist of five members, and they are elected by the Council amongst its members.
Enrolment Committee
There must be three members in the enrolment committee who shall be elected from the members of the
Council. A State Bar Council shall refer every application for admission as an advocate to its enrolment
committee and it shall decide on the same.
Standing Committees
• Executive committee which shall consist of nine members elected amongst the members of the
Council.
• Legal Education Committee which shall consist of ten members. Five out of ten members shall be
elected by the Council from its members and the remaining five shall be co-opted by the council from
non-member Advocates.
Every Bar Council and every committee other than Disciplinary Committee shall follow the rules of procedure
in regard to transaction of businesses at their meeting. The meeting shall be convened at the headquarters of
the Bar Council except that of Disciplinary Committee.
No person shall be enrolled as an Advocate in more than one state roll.
But a person can file an application before the Bar Council of India to transfer his name from roll of one state
to another nevertheless he will retain the same seniority. The State Bar Council may issue a certificate of
enrolment to Advocates whose name is entered in the roll.
In the case of Bar Council of Delhi & Anr. vs Surjeet Singh and Ors, the Supreme Court observed that it is
manifest that under the Advocate’s Act the qualifications and conditions entitling an Advocate to vote at an
election or for being chosen as a member of the State Bar Council has to be prescribed by the Bar Council of
India. The State Bar Council has no such power.
The power of the State Bar Council is merely to prepare and revise from time to time the electoral roll subject
to the Rules made by the Bar Council of India concerning the qualifications and conditions aforesaid. The
Rule making power of the State Bar councils does not override the powers conferred to Bar Council of India.
Even though Bar Council of India can approve the rules made by the State Bar Councils, rules which are ultra
vires to the parental Act cannot be ratified.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
1. 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 practise. 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.
2. 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. 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 jeopardising his client’s interests.
4. Full and frank disclosure to client
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. Uphold interest of the client
It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable
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 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. Not suppress material or evidence
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.
7. Not disclose the communications between client and himself
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.
8. An advocate should not be a party to stir up or instigate litigation.
9. An advocate should not act on the instructions of any person other than his client or the client’s authorised
agent.
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter undertaken. He also
shall not charge for his services as a percentage of the amount or property received after the success of the
matter.
11. Not receive interest in actionable claim
An advocate should not trade or agree to receive any share or interest in any actionable claim. Nothing in this
rule shall apply to stock, shares and debentures of government securities, or to any instruments, which are, for
the time being, by law or custom, negotiable or to any mercantile document of title to goods.
12. 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 authorised in
writing in this behalf.
13. Not bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or acquire by way of sale, gift, exchange or any
other mode of transfer (either in his own name or in any other name for his own benefit or for the benefit of
any other person), any property which is the subject matter of any suit, appeal or other proceedings in which
he is in any way professionally engaged.
14. Not adjust fees against personal liability

An advocate should not adjust fee payable to him by his client against his own personal liability to the client,
which does not arise in the course of his employment as an advocate.
15.An advocate should not misuse or takes advantage of the confidence reposed in him by his client.
16.Keep proper accounts
An advocate should always keep accounts of the clients’ money entrusted to him. The accounts should show
the amounts received from the client or on his behalf. The account should show along with the expenses
incurred for him and the deductions made on account of fees with respective dates and all other necessary
particulars.
17. Divert money from accounts
An advocate should mention in his accounts whether any monies received by him from the client are on
account of fees or expenses during the course of any proceeding or opinion. He shall not divert any part of the
amounts received for expenses as fees without written instruction from the client.
18. Intimate the client on amounts
Where any amount is received or given to him on behalf of his client, the advocate must without any delay
intimate the client of the fact of such receipt.
19. Adjust fees after termination of proceedings
An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to him from the
account of the client. The balance in the account can be the amount paid by the client or an amount that has
come in that proceeding. Any amount left after the deduction of the fees and expenses from the account must
be returned to the client.
20. Provide copy of accounts
An advocate must provide the client with the copy of the client’s account maintained by him on demand,
provided that the necessary copying charge is paid.
21. An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
22. Not lend money to his client
An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he
is engaged by such client. An advocate cannot be held guilty for a breach of this rule, if in the course of a
pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate
feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for
the progress of the suit or proceeding.
23. Not appear for opposite parties
An advocate who has advised a party in connection with the institution of a suit, appeal or other matter or has
drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party in the same matter.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT
1. Act in a dignified manner
During the presentation of his case and while acting before a court, an advocate should act in a dignified
manner. He should always 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. Respect the court
An advocate should always show respect towards the court. An advocate has to bear in mind that the dignity
and respect maintained towards judicial office is essential for the survival of a free community.
3. Not communicate in private
An advocate should not communicate in private to a judge with regard to any matter pending before the judge
or any other judge. An advocate should not influence the decision of a court in any matter using illegal or
improper means such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition
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.
5. Refuse to represent clients who insist on unfair means
An advocate 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 not blindly follow the instructions of the client. 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.
6. Appear in 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.
7. Refuse to appear in front of relations
An advocate should not enter appearance, act, plead or practice in any way before a judicial authority if the
sole or any member of the bench is related to the advocate as father, grandfather, son, grandson, uncle, brother,
nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-
in-law, brother-in-law daughter-in-law or sister-in-law.
8. Not to wear bands or 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.
9. Not represent establishments of which he is a member
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.
10. Not appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which he has financial interests. For instance, he should
not act in a bankruptcy petition when he is also a creditor of the bankrupt. He should also not accept a brief
from a company of which he is a director.
11. Not stand as surety for client
An advocate should not stand as a surety or certify the soundness of a surety that his client requires for the
purpose of any legal proceedings.
SC MIDDLE INCOME GROUP LEGAL AID SCHEME

• This Scheme is intended to provide legal services to the middle-income citizen i.e. citizen whose gross
maximum income per month does not exceed Rs 10,000 and the annual income does not exceed Rs
1,20,000.
• The Scheme will be applicable for cases intended to be filed in the Supreme Court.
• Under the scheme, middle class people who are not able to afford the expensive litigation in the
Supreme Court can avail the services of the society for a nominal amount.
• The person desirous of availing the benefit of the Scheme shall have to fill up the form prescribed and
accept all the terms and conditions. A litigant/applicant shall have to pay Rs. 500 to the Supreme Court
Middle Income Group (MIG) Legal Aid Society as service charges.
• On satisfaction of Advocate-on-Record for the case to be proceeded with, then the Society will
consider that the applicant is entitled to legal aid. Decision of Learned Advocate-on-Record will be
final insofar as the eligibility of the applicant for obtaining the benefit under the scheme.
• Further, contingent fund will be created to meet the miscellaneous expenditure in connection with the
case under the Scheme by requiring the applicant to deposit upto the stage of admission, a sum of
Rs.750/- in addition to the charges required to be deposited with the Society, out of the contingent
fund.
• If learned Advocate taking the view that the case is not fit one for an Appeal to the Supreme Court,
then the entire amount after deduction Rs.750/- towards minimum service charges of the Committee
shall be refunded to the Applicant through cheque.
• If an Advocate appointed under the Scheme is found negligent in the conduct of the case entrusted to
him, then he will be required to return the brief together with the fee received from the applicant under
the scheme.
• Further, the Society will not be responsible for the negligent conduct of the case but the entire
responsibility will be that of the Advocate vis-a-vis the client. However, name of the Advocate will,
be struck off from the panel prepared under the Scheme.
How is it helpful to citizens?
SHORT QUESTIONS:
BCI Members
The Bar Council of India comprises 18 Members. The Attorney General of India and the Solicitor General of
India are Ex-officio Members of the gathering, and the other 16 Members represent the 16 State Bar Councils
in the nation. The Members are chosen for a time of five years and the Chairman and Vice-Chairman are
chosen for a time of two years from among the Members of the Bar Council of India. The Bar Council further
comprises different advisory groups viz., Legal Education Committee, Disciplinary Committee, Executive
Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules Committee, and different
Committees shaped to investigate explicit issues emerging now and again.
Functions of BCI
Section 7 of the Act specifies the functions of the Bar Council of India. It also gives power to the Bar Council
of India to become a member of international legal bodies such as the International Bar Association.
The functions of the bar council as per Section 7 of the Advocates Act 1961 is as follows:
• To lay down standards of professional conduct and etiquette for advocates as well as protect and
safeguard their rights, privileges and interests.
• The BCI lays down the procedure to be followed by its own disciplinary committee along with the
disciplinary committee of each State Bar Council. The Bar council exercises general supervision
and control over all the State Bar Councils. The Bar Council of India also has the power to deal with
or dispose of any matter under the Advocates Act which may be referred to it by the State Bar
Council.
• The BCI recognizes the Universities in and outside the country whose degrees in law shall be
allowed as a qualification for enrollment as an advocate. The BCI also has the power to visit and
inspect the universities for this purpose.
• The BCI promotes legal education and lays down the standards for such education by consulting the
Universities in India that impart such education. Section 9 of the Advocates Act sets up a legal
education committee for the same. This committee goes for inspecting the various Universities and
reports to the BCI.
• The BCI has the power to promote and support various law reforms and give their suggestions or
recommendations about the same.
• The BCI conducts and organizes seminars and talks on various legal topics by eminent jurists and
publishes journals and papers of legal interest.
• The BCI has the power to manage and invest the funds of the Bar Council. The BCI may give
financial assistance to organize social welfare schemes for the disables, poor and for other
Advocates. The BCI can use the funds for the establishment of legal aid centers and law libraries.
The BCI receives grants, donations and gifts for the abovementioned purposes.
• The BCI has the power to appoint various committees such as Disciplinary committees, educational
committees etc.
• The BCI conducts regular elections to elect the members of the Bar Council.

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Sachika & Ketan Moot Court Notes

MOOT COURT KETAN ANSWERS

1. Innocent publication and distribution of matter.

2. Fair and Accurate report of judicial proceedings.

3. Fair Criticism of Judicial Act.

Conditions of fair comment:

4. Bonafide complaint against presiding officers of the subordinate court

Q-MEANING & OBJECTIVE OF MOOTING

Meaning of the term “mooting”

B) Researching and Writing Skills

Q-TYPES OF MOOTS AND STRATEGIES

Q-CONTEMPT OF COURT, ILLUSTRATIONS AND CASE LAWS

Basic Points of distinctions in Lok Adalats & Permanent Lok Adalats

Moot Court – Disciplinary Committees

Restricted Powers of the Disciplinary Committee

MOOT ANSWERS VIDUSHI

Functions of State Bar Council

14. Not adjust fees against personal liability

2. Respect the court

SC MIDDLE INCOME GROUP LEGAL AID SCHEME

Moot Court - Legal Service Authority Act

Basic Points of distinctions in Lok Adalats & Permanent Lok Adalats

Nature of Award of Permanent Lok Adalat

Moot Court – Disciplinary Committees

STATE BAR COUNCILS AND THEIR FUNCTIONS

14. Not adjust fees against personal liability

SC MIDDLE INCOME GROUP LEGAL AID SCHEME

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