Meaning and significance of legal profession

The legal profession refers to the career of practicing law. It encompasses a wide range of roles
and responsibilities, including lawyers, judges, legal scholars, legal advisors, paralegals, and
others involved in the administration of justice and the application of the law. The legal
profession plays a crucial role in society, and its significance can be understood from several
perspectives:
1. Administration of Justice: One of the primary functions of the legal profession is to
administer justice. Lawyers and judges work to ensure that legal disputes are resolved
fairly and in accordance with the law. This helps maintain order in society and provides
a mechanism for individuals and organizations to seek redress for grievances.
2. Protection of Rights and Liberties: Lawyers often serve as advocates for their clients,
working to protect their legal rights and liberties. They play a key role in upholding the
rule of law and ensuring that individuals are treated fairly under the legal system.
3. Legal Advice and Representation: The legal profession provides individuals and
organizations with crucial legal advice and representation. This can range from drafting
contracts and legal documents to representing clients in court proceedings. Access to
competent legal representation is essential for ensuring that individuals have a voice in
the legal system.
4. Shaping and Interpreting Laws: Legal professionals, including judges and legal
scholars, play a role in shaping and interpreting laws. Through their work, they
contribute to the development of legal principles and doctrines that guide the
application of the law in various contexts.
5. Ethical Standards and Professionalism: The legal profession is guided by ethical
standards and principles of professionalism. Lawyers are expected to adhere to codes
of conduct that govern their behavior and ensure that they act in the best interests of
their clients while upholding the integrity of the legal system.
6. Conflict Resolution and Mediation: Legal professionals often play a role in resolving
conflicts and disputes through negotiation, mediation, or arbitration. This can help
parties avoid lengthy and costly litigation while reaching mutually acceptable
resolutions.
ADVOCATES ROLL:
The Advocates Act of 1961 governs the admission and enrolment of advocates.
Two categories of advocates: Senior Advocates and Other Advocates. If the Supreme Court or
a High Court determines, with the consent of the advocate, that the advocate's expertise,
standing at the bar, or unique legal knowledge or competence warrant such a designation, they
may designate him as a Senior Advocate.
1. A list of Advocates must be created and maintained by each State Bar Council,
according to Section 17 of the Advocates Act.
2. It will be divided into two pieces. The list of Senior Advocates is in the first part, while
the remaining Advocates are in the second. If more than one Advocate enrols on the
same day, their names will be sorted by seniority in age.
 3. One cannot register with more than one Bar Council as an advocate.
4. A person whose name appears on one state roll may petition the Bar Council of India
to have it changed to another state roll for suitable reasons. If there is no reasonable
reason for the transfer or disciplinary proceedings against him are pending, the
application will be refused.
5. When new Advocates are added to the roll or names are removed from the roll, the State
Bar Council shall transmit an authorised copy of the Advocates Roll.

CERTIFICATE FOR ENROLMENT:

1. Any person whose name appears on the roll of Advocates kept by the State Bar Council
pursuant to this Act is entitled, in accordance with Section 22 of the Advocates Act, to
a certificate of enrolment in the appropriate form.
2. Anybody whose name appears on the state roll is required to give notice to the relevant
State Bar Council within ninety days of any changes to their permanent address or place
of business.

CONDITION FOR ENROLMENT:

1. He needs to be a citizen of India.
2. He needed to be a minimum of 21 years old.
3. Following his 10 +2, he had to have finished either a 5-year integrated law programme
or a 3-year legal programme (with regular university coursework after graduation).
Under the Advocates Act, the Bar Council of India must acknowledge a legal degree
earned from a foreign university.
4. The State Bar Council may charge him an enrolment fee, which he must pay.
5. In order to enlist, he must also fulfil any other conditions established by the State Bar
Council.

DISQUALIFICATION OF ENROLMENT:
Section 24-A provides for enrolment disqualification and, accordingly, The following people
are ineligible to become Advocates.

1. A person who has been convicted of a moral turpitude violation.

2. A person convicted under the Untouchability (Offences) Act of 1955.
3. A person who has been fired or removed from government employment due to an
accusation of moral turpitude. The disqualification becomes null and void two years
after his release from prison or removal from service.
4. A person found guilty in the foregoing instances and receiving benefits under the
Probation of Offenders Act, 1958 is not disqualified.
Along with the applicant's name, address, and the grounds for the rejection, the State Bar
Council is obligated to inform the other State Bar Councils of this information. A person could
not practise law and another profession concurrently, according to the ruling in Hani Raj L.
Chulani v. Maharashtra Bar Council. Consequently, a person who obtains a legal degree and
then works in another field is unable to practise advocacy. In Anees Ahmad v. University of
Delhi, the Delhi High Court held that no full-time law professor receiving a regular salary could
practice as an advocate, and in Sathish Kumar Sharma v. Bar Council of Himachal Pradesh,
the court determined that a full-time salaried law officer was ineligible to register as an
advocate.

POWER TO REMOVE NAMES FROM ROLL:

if the Bar Council of India is convinced—via a referral or otherwise—that the individual in
issue attained the position through fraud, misrepresentation regarding a significant fact, or
undue influence, the advocate's name may be removed after providing them an opportunity to
be heard.

PUNISHMENT OF ADVOCATES FOR MISCONDUCT:

A person is found guilty of professional misconduct; it shall refer the case to a disciplinary
committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the
Advocate General of the State. The disciplinary committee of the State Bar Council, after being
heard of both the parties, may:

1. Dismiss the complaint, or where the proceedings were initiated at the instance of the
State Bar Council, directs that proceedings be filed;
2. Reprimand the advocate;
3. Suspend the advocate from practice for such a period as it deems fit;
4. Remove the name of an advocate from the state roll of advocates

POWERS AND ROLE OF DISCIPLINARY COMMITTEE:

The section 42 of the Advocate’s Act, 1961 provides powers of 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:

1. Summoning and enforcing the attendance of any person and examining him on oath.
2. Requiring discovery and production of any documents.
3. Receiving evidence on affidavits.
4. Requisitioning any public record or copies thereof from any court or office.
5. Issuing commission for the examination of witness or documents.
6. 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:

• 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.
• Attendance of any officer of revenue court shall be allowed only with prior approval of
the State Government.

Miscellaneous Powers

• The proceedings before the disciplinary committee shall be deemed to be judicial

proceedings.
• The disciplinary committee shall be deemed to be a civil court.
• If a chairman or any member of the disciplinary committee is unavailable on the date
fixed for hearing the matter then the disciplinary committee may if it thinks fit
proceed with the hearing and pass necessary orders provided that the order passed
shall not be the final order. The proceedings and the order passed by such a committee
shall not be invalid merely because the chairman or all three members of the
disciplinary committee were not present.
• Where the final orders cannot be made because of want of majority among the
disciplinary committee or is not in accordance with the opinion of the Chairman or
the members of the disciplinary committee then such matter or case shall be placed
before the Chairman of the Bar Council. If the Chairman of the Bar Council is acting
as the chairman of the disciplinary committee, then the case shall be placed before
the Vice Chairman of the Bar Council. After hearing the case, the Vice Chairman
shall deliver his opinion and the disciplinary committee shall follow such final order.
• The disciplinary committee also has the power to impose costs of proceedings as it may
deem fit and such order shall be executable as if it were the orders of High Court or
Supreme Court.
• The disciplinary committee also has the power to review its own orders under section
44 of the Advocates Act, 1961.

MODULE-II
BAR COUNCIL:
The Bar Councils of India were established under the Advocates Act, 1961 based on the
recommendations of the All India Bar Committee. These councils operate at both the national
and state levels. The State Bar Councils were established under Section 3 of the Act.

The Bar Council of India comprises members elected from each State Bar Council, the
Attorney General of India, and the Solicitor of India, who serve as members automatically. The
members of the State Bar Councils are elected for five years. The Council has the power to
choose its own Chairman and Vice-Chairman from among its members, and they serve for two
years.

POWERS:
Admission as an Advocate: any advocate who had the right to practice in the Supreme Court
before the appointed day but was not listed in any state roll can express their intention to the
Bar Council.

They must do this within the prescribed time and using the prescribed form. Upon receiving
the application, the Bar Council of India will direct the respective state Bar Council to enter
the advocate’s name in the state roll without a fee.

Sending Copies of Rolls: Section 19 of the Advocate Act mandates that every State Bar
Council must send an authenticated copy of the advocate role, prepared for the first time under
this Act, to the Bar Council of India. Furthermore, any alterations or additions made to the roll
must be promptly communicated to the Bar Council of India.

Transfer of Name: transferring an advocate’s name from one State Bar Council role to another.
If an advocate wishes to transfer their name, they must apply to the Bar Council of India.

Upon receiving the application, the Bar Council of India will direct the removal of the
advocate’s name from the first State Bar Council’s roll and its entry into the roll of the other
State Bar Council. No fee is required for this transfer

Transfer of Name: transferring an advocate’s name from one State Bar Council role to
another. If an advocate wishes to transfer their name, they must apply to the Bar Council of
India.

Upon receiving the application, the Bar Council of India will direct the removal of the
advocate’s name from the first State Bar Council’s roll and its entry into the roll of the other
State Bar Council. No fee is required for this transfer.

Appointment of Committees and Staff Members: Section 9 empowers the Bar Council of
India to appoint disciplinary committees, legal aid committees, executive committees, legal
education committees, and other necessary committees.

Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members
as necessary. The secretary and accountant must possess the required qualifications. Having a
secretary is mandatory for the Bar Council.

Maintenance of Accounts: Under Section 12, the Bar Council of India must maintain books
of accounts and other relevant books in a prescribed format. Qualified auditors, similar to the
auditing of company accounts, must audit these accounts.
The Bar Council of India is also responsible for sending a copy of its accounts and the auditors’
report to the Central Government. Furthermore, these accounts are published in the Gazette of
India.

Rules Making Power: The Bar Council of India can make rules under Section 15 of the
Advocate Act. These rules can cover various aspects such as the election of Bar Council
members, the chairman and vice-chairman, dispute resolution, filling of vacancies, powers and
duties of the chairman and vice-chairman, organisation of legal aid, meetings and conduct of
the business of committees, and management and investment of funds of the Bar Council.

General Power and Punishment for Misconduct: Section 49 of the Advocate Act grants the
Bar Council of India general power to make rules for discharging its functions under the Act.
Additionally, Section 36 empowers the Bar Council to punish advocates for professional or
other misconduct. The Bar Council of India can suspend advocates from practice, remove their
names from the state roll, dismiss complaints, or issue reprimands as it deems fit.

Appellate Power: Section 37 gives the Bar Council of India authority to hear appeals against
the orders of disciplinary committees. The disciplinary committee of the Bar Council of India
must hear any appeal.

Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60
days.

Other Powers and Functions: Apart from the aforementioned points, the Bar Council of India
has additional powers and functions.

These include:

• providing financial assistance to State Bar Councils that require funds to perform their
functions,
• preventing citizens of specified countries from practising law in India if those countries
prevent Indian citizens from practising law there,
• reviewing the legality and propriety of proceedings conducted by State Bar Councils or
their committees,
• giving its orders except in matters handled by the disciplinary committee, and
• providing directions to State Bar Councils or their committees to ensure the proper and
efficient discharge of their functions.

Functions of the Bar Council of India: Establishment of the Bar Council of India
Parliament established the Bar Council of India under the Advocates Act of 1961. Its main
responsibilities include regulating the legal profession and legal education in India.

1. Standards of Professional Conduct: It lays down the standards of professional

conduct and etiquette for advocates.
 2. Disciplinary Procedure: It establishes the procedure to be followed by its disciplinary
committee and the disciplinary committees of each State Bar Council.
3. Advocates’ Rights and Interests: It safeguards advocates’ rights, privileges, and
interests.
4. Law Reform: It promotes and supports law reform initiatives.
5. Handling Referred Matters: It deals with and resolves matters referred to by State
Bar Councils.
6. Legal Education: It promotes legal education and sets standards for legal education in
consultation with universities and State Bar Councils. It also visits and inspects
universities or directs State Bar Councils to do so.
7. Recognising Qualifications: It recognises universities whose law degrees qualify for
enrollment as an advocate. Foreign qualifications in law obtained outside India may
also be recognised reciprocally.
8. Seminars and Publications: It organises seminars and talks on legal topics by eminent
jurists and publishes journals and papers of legal interest.
9. Legal Aid: It organises legal aid for the underprivileged.
10. Management of Funds: It manages and invests the funds of the Bar Council.
11. Election of Members: It provides for the election of members who will run the Bar
Councils.

STATE BAR COUNCIL:

A) General function:

Section 6(1) of the Advocate Act 1961 makes provisions in respect of the functions of
the State Bar Council.

Functions of State Bar Councils

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 the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes referred to in clause (a) of sub-
section (2) of this section clause (a) of sub-section (2) of section 7;
6. to promote and support law reform;
7. to conduct seminars and organise talks on legal topics by eminent jurists
and publish journals and paper of legal interest;
8. To organise legal aid to the poor in the prescribed manner;
9. to manage and invest the funds of the Bar Council;
 10. to provide for the election of its members;

11. to visit and inspect Universities in accordance with the directions given
under clause (i) of sub-section (1) of section 7;

12. To perform all other functions conferred on it by or under this Act; (i)
to do all other things necessary for discharging the aforesaid functions.

A State Bar Council may constitute one or more funds in the prescribed manner 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 made in this behalf;

(c) establishing law libraries.

A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of
the purposes specified in sub- section (2) which shall be credited to the appropriate fund or
funds constituted under that sub-section.

B) To Issue Certificates of Enrollment -

Section 22 of Advocate Act 1961 provides that, There shall be issued a certificate of enrollment
in the prescribed form by the State Bar Council to every person whose name is entered in the
roll of advocates maintained by it under this Act.
Every person whose name is so entered in the State roll shall notify any change in the place
of his permanent residence to the State Bar Council concerned within ninety days of such
change.

C) To Maintain Roll of Advocates –

ADVERTISEMENT

Right to Advertisement is one of the intrinsic features of conducting any business, profession,
or any other organization in today s world. It provides a platform for the person to communicate
any form of information to the public at large, given that such advertisement formulates on the
rules and regulations laid down on such behalf. The communication can be through
newspapers, magazines, emails, letters, events, etc.

Advertisements or Commercial Speeches has been incorporated under Article 19 (1) (a) of the
Constitution of India. It has been accepted as a part of Freedom of Speech and Expression ,
The Supreme Court has considered in the case of Tata Press[1] that the public at large has a
right to receive the commercial information and such protection of Article 19 (1) (a) of the
Constitution of India is available to both speaker and recipient of the speech.

But this right of the advertisement has been completely done away with, in the case of legal
professionals. There is a complete prohibition on a legal professional to advertise their legal
services through the court of law. This includes any type of advertisement w.r.t. legitimate
administrations provided, by posing as a legal counselor under the legal framework.

The root of prohibition can be directly traced back to Rule 36 of the Bar Council of India as
under:

36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by
circulars, advertisements, touts, personal communications, interviews not warranted by
personal relations, furnishing or inspiring newspaper comments or producing his photographs
to be published in connection with cases in which he has been engaged or concerned. His sign-
board or name-plate should be of a reasonable size.

The sign-board or name-plate or stationery should not indicate that he is or has been President
or Member of a Bar Council or of any Association or that he has been associated with any
person or organization or with any particular cause or matter or that he specializes in any
particular type of worker or that he has been a Judge or an Advocate General.

This rule clearly states that the Legal Profession is different from any other profession, unlike
others soliciting work under the legal profession, has been completely banned by such rule.
The reasoning was that the legal Profession being the noblest profession will lose its light if
the advertisement is permitted within the legal market. Justice Krishna Iyer in the case of Bar
Council of Maharashtra v. M.V. Dhabolkar[2] said that:

Law is not an exchange, not briefs, not stock, thus the paradise of business rivalry ought not to
vulgarize the lawful calling. It is the idea that legal advertising will render this prestigious
profession into a mere profit-making institution which will maneuver the focus from the
concepts like liberty and Justice to profits.
However, there lies a cosmic debate in the legal sector and existing criticism against such
archaic BCI rules which prohibit all types and forms of advertisement. Pitting the ideas of
Reasonability, Constitutionality, Transparency, free flow of ideas, globalization, and
liberalization against the above-said rule.

Law as a Noble Profession:Law is a traditional profession having public service goals at the
center of it all. From the start of this profession considered as an upholder and protector of law.
The service under such a sector was provided with the foremost aim to serve society and then
to earn a livelihood.
RIGHT TP PRACTICE AND REGULATION OF LAWERS: Section 29 of the Advocates
Act makes the right of practice an exclusive right and precludes all persons other than advocates
from practicing law.
The countenance “Right of Practice”, in the profession of legal refers to the special
right of the persons enrolled as advocates to engage in the practice of law before courts
and tribunals.
This right includes the protection of two levels-

1. General protection- Under the constitution of India Article 19(1)(g) protects the
rights of an individual to practice professions of their choices. As a member of the legal
profession, occupation, and profession.

2. Specific protection- Section 30 of the Advocates Act, 1961 protects the person
whose name is enrolled in the registers of State Bar Councils to practice before any
court or tribunal in India including the supreme court.

DUTIES OF AN ADVOCATES TOWARDS CLIENT:

• To accept a brief where the client is able to pay the fee and no conflict of interest or
other reasonable justification exists
• To not accept brief where there is a conflict of interest with the client unless a frank
disclosure has been made to the client about such conflict.
• To not appear in a matter where the advocate may be a witness
• To not withdraw from an engagement except with sufficient cause and reasonable
notice and to refund unearned fee upon such withdrawal.
• To fearlessly to uphold the interests of his client by all fair and honourable means
without regard to any unpleasant consequences to himself or any other. He is to
defend a person accused of a crime regardless of his personal opinion as to the guilt
of the accused, bearing in mind that his loyalty is to the law which requires that no
man should be convicted without adequate evidence.
• To not foment litigation
• To ensure adequate representation of the client’s interests
• To tender the best legal advice according to his ability to the client
• To be diligent in handling the client’s matters.
• To ensure confidentiality of facts disclosed by the client.
• To not take instructions from any person other than the client or his authorized agent.
• To note enter an arrangement of contingent fee.
 • To not bid for or purchase any property which is being auctioned in execution of a
decree in a suit or appeal if he has been engaged in the matter.
• To not adjust fee payable to him by his client against his own personal liability to
the client
• To not do anything whereby he abuses or takes advantage of the confidence reposed
in him by his client.
• To keep accurate accounts of the client’s money entrusted to him and to provide
copies of such accounts.
• To immediately intimate the client of any payment received on behalf of the client.
• To not enter into arrangements whereby funds in his hands are converted into loans.
• To not lend money to his client for the purpose of any action or legal proceedings
in which he is engaged by such client.
• To not appear for the opposite party in the same matter after withdrawing from an
engagement.

Duties towards the court

• To maintain a respectful attitude towards the courts and legal system, bearing in
mind that the dignity of the judicial office is essential for the survival of a free
community.
• To conduct himself with dignity and self-respect and to not be servile.
• Whenever there is proper ground for serious complaint against a judicial officer, to
submit such grievance to proper authorities as this is the duty of an advocate towards
improving the legal system and keeping it efficient.
• To not influence the decision of a court by any illegal or improper means and to
avoid private communications with a judge relating to a pending case are forbidden.
• To conduct himself as not merely a mouthpiece of the client, but an officer of the
Court. The advocate should dissuade the client from using unfair means and should
refuse to represent a client who persists in use of such means.
• To appear before the court only in the prescribed uniform and to not wear a band
and gown except in court and other prescribed ceremonies.
• To not appear before a court or tribunal where a close relative is a member.
• To not represent an organization if the advocate is a member of the executive
committee of the organization.
 • To not conduct a prosecution in such a manner as to knowingly secure the conviction
of an innocent person.

Duty to opposite party

• To make communications only through the opposite party’s advocate

• To carry out all promises made even where it is not reduced in writing.

Duty to colleagues:

• To not advertise or solicit work and to not indicate special positions, expertise, etc.
in name plates, name boards, stationery, etc.
• To not facilitate unauthorized practice of law.
• To not take an unreasonably low fee where the client can afford to pay
• To not accept an engagement in a matter where another advocate has already been
engaged except with his consent or permission of the court

Duties to the society

• Duty to facilitate legal education, training of young lawyers and research in legal
discipline
• Duty to render legal aid to those in need.

Duties of the Bar

Advocates assist the court in the administration of justice, they are the officers of the court.
Advocates present the case before the court after collecting material related to that case, and
thus helps the court in arriving at the judgment. In the process of administration of justice, an
advocate is a partner of the judiciary. An advocate shall perform the following duties-

1. A respectful attitude shall be maintained by advocates towards the courts, bringing

in mind that for the survival of the society the dignity of the judicial office is
essential.
2. Efforts shall be made by advocates in order to prevent his/her client from adopting
unfair practices concerning the court.
3. By any illegal or improper means, an advocate shall not try to influence the
judgment of the court.
 4. Dignity and self-respect shall be maintained by an advocate while presenting his/her
case in front of the judge.
5. An advocate shall help the court in the trial of the case by presenting clearly the laws
which are relevant to the particular case.
6. An advocate shall not present any fact in front of the court which he knows to be
false.
7. An advocate shall not ask for an adjournment of the case without any sufficient
reason.
8. An advocate shall always appear in court in a presentable manner and a prescribed
dress. In public places, he should not wear a gown or bands.
9. If an advocate knows a judge personally he should not practice before him.
10. An advocate shall not interrupt in between when an opposite council or judge is
speaking.
11. If an advocate has a monetary interest in any case, he shall not plead in such a case.
12. An advocate shall not represent any organization or institution if he is a member of
the executive committee of such an organization or institution.
13. An advocate shall not apply any personal influence over the decision of the court,
nor he should give any kind of impression that he possesses personal influence with
the judge before whom he practices.

STRIKES BY LAWYERS:
Advocates are officers of the court and they have a high standing in society but they also have
some obligations and duties to ensure the smooth functioning of the courts. It should be noted
that in most of the case where advocate goes on strike there are various existing legal remedy
available to them and even if there is no legal remedy available, instead of paralyzing the court,
advocates may use the other methods to strike like giving interviews press statements, wearing
black or white or any color armbands, peaceful protest marches outside and away from Court
premises, etc.
trikes by advocates infringe fundamental right of the litigants of speedy trial. In the case
of Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 81 the Supreme
Court of India held that the right to a speedy trial is a fundamental right under Article
21. Moreover strike by advocate leads to wastage of valuable time of the court and hard earned
money of tax-payers. These strikes also lower the image.
After analyzing the whole matter, Supreme Court of India came up with the conclusion that
 1. Strike by the advocate is unlawful.
2. A strike will only be permitted in rarest of the rare cases where integrity, respect,
and working of the bar is at the stake.
3. A Silent dissatisfaction can be shown or an interview to the press and media can be
given, till the time it doesn’t hamper the working of the court.

BAR AND BENCH RELATION:

In order to maintain the cordial relation between Bar and Bench, mutual respect is necessary
between them. Both the Advocate and judge complement each other, the principal ground for
recruiting judges is Bar, so they both belong to the same community. Whatever is the status of
court an advocate’s behavior towards the court shall always be of respect. Whatever advocate
thinks about the Presiding officer, he must not show that in its attitude, because it’s his duty to
uphold the dignity of the judiciary. Also, it’s the duty of the judges to not only be polite or calm
towards the advocates but to do everything possible that will help the advocate in presenting
his/her case.
Any misconduct done by any advocate or judge may amount to contempt of court, for example,
if any advocate uses any offending language against a judge or if he threatens the judge to
transfer the case or make scandalous allegations against a judge, etc. he commits contempt of
court and for such an act he liable to punishment also. In order to protect the confidence of the
public in the process of Administration of justice punishment for contempt of court is provided.

Here are some key issues and challenges in bar and bench relations in India:
• Inadequate Infrastructure and Resources:
• Ethical Concerns:
• Advocacy for improvements:
• Access to Justice:
• Technology Integration:
• Judge Appointment:

free legal aid

Legal aid is a concept in India wherein, the people who are economically weak in society, or
live in rural areas where they don’t have an access to courts are provided with legal assistance.

This concept stands true to Article 14 of the Constitution of India which guarantees equality
before the law to all citizens in India. Further, Article 39A of the Indian Constitution guarantees
free legal aid to the needy. It states that the legal system promotes justice on the basis of equal
opportunity, and shall provide free legal aid in any way, to ensure equal opportunities for all
the citizens. Rule 46 of Section 6 of the Bar Council of India states that every advocate shall
while practising law bear in mind that any person can be in need of a lawyer, and it is the duty
of the advocate to provide legal assistance without asking for any fees.

CONTEMPT OF COURT:
we wilfully fail to obey the court order or disrespect the legal authorities. Then the judge has
the right to impose sanctions such as fines or can send the contemnor to jail for a certain period
of time if he is found guilty of Contempt of Court.
ESSENTIALS and these are as follows:

1. Disobedience to any type of court proceedings, its orders, judgment, decree, etc
should be done ‘willfully’ in case of Civil Contempt.
2. 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.
3. The court should make a ‘valid order’ and this order should be in ‘knowledge’ of
the respondent.
4. The action of contemnor should be deliberate and also it should be clearly disregard
of the court’s order.

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.

Utpal Kumar Das v. Court of the Munsiff, Kamrup

This is the case of non-rendering of assistance, although the court has ordered to render
assistance. Decree executed by the court to deliver immovable property but because of certain
obstruction, the defendant failed to do so. Hence, he was held liable for constituting
disobedience to the orders of the competent Civil Court.

Defences to Civil Contempt

A person who is accused of Civil Contempt of case can take the following defences:

• Lack of Knowledge of the order

 • The disobedience or the breach done should not be
• The order that has disobeyed should be vague or ambiguous: If the order passed
by the court is vague or ambiguous or this order is not specific or complete in itself
then a person can get the defence of contempt if he says something against that order.
In R.N. Ramaul v. State of Himachal Pradesh [5], this defence has been taken by the
respondent. In this case, the Supreme Court has directed the corporation of the
respondent to restore the promotion of the petitioner from a particular date in the
service. But the respondent has not produced the monetary benefit for the given
period and a complaint was filed against him for Contempt of Court. He pleads for
the defence on the given evidence that it has not mentioned by the court in order to
pay the monetary benefit. Finally, he gets the defence.

• Orders involve more than one reasonable interpretation: If the contempt of any
order declared by the court and the order seems to be given more than one reasonable
and rational interpretation and the respondent adopts one of those interpretations
and works in accordance with that then he will not be liable for Contempt of Court.

• Command of the order is impossible: If compliance of the order is impossible or

it can not be done easily then it would be taken as a defence in the case of Contempt
of Court. However, one should differentiate the case of impossibility with the case
of mere difficulties. Because this defence can be given only in the case of the
impossibility of doing an order.

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:

1. a) Scandalize or tends to scandalise, or lowers or tends to lower the authority of any

court, or
2. b) Biasness, interferes or tends to interfere with the due course of any type of Judicial
proceedings, or
3. c) obstructs or tends to obstruct, interfere or tend to interfere with the administration
of justice in any manner.

PUNISHMENT
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.

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.

Clause (a) of Section 13 of the Contempt of Court (Amendment) Act, 2006 states that no Court
under this Act shall be punished for Contempt of Court unless it is satisfied that the Contempt
is of such a nature that it substantially interferes or tend to substantially interfere with the due
course of Justice.

Clause (b) of Section 13 of this Act states that the court may give the defence on the justification
of truth if it finds that the act done in the public interest and the request for invoking that
defence is bona fide.