Professional Misconduct

Professional or other Misconduct-Meaning and Ambit.

Section 35 of the Advocates Act provides in respect of punishment for professional or
other misconduct. It provides that where on receipt of a complaint or otherwise a
State Bar Council has reason to believe that any advocate on its roll has been uilty
of professional or other misconduct !it shall refer the case for disposal to its
disciplinary committee. Section 35 empowers the disciplinary committee to
reprimand the advocate or suspend the advocate from practice for such period as it
may deem "t or remove the name of the advocate from the State roll of advocates.
#owever an appeal aainst the order of the disciplinary committee may be referred
to the bar council of India and thereafter to the Supreme Court aainst the order of
the Bar Council of India.
Section 35 of the Advocates Act ma$es it clear that an advocate may be punished
not only for professional misconduct but also for other misconduct. %rom the
Preamble of the &ules made by the Bar Council of India it is evident that the rules
contain canons of conduct and eti'uette adopted as special uides and the specific
mentions thereof should not be construed as a denial of the e(istence of other
e'ually imperative thouh not specifically mentioned Conse'uently an advocate
may be punished not only for the act or conduct speci"ed in the rule specified in the
rule as misconduct but also for the other acts or conducts which are ta$en as
misconduct. Section 35 of the Act also ma$es it clear that an advocate may be
punished for professional or other misconduct.
In State of Punjab v Ram Singh
)
the Supreme Court has e(plained the term
*misconduct+ in connection with the misconduct of a personnel in "le Police
,epartment but may be applied in determinin whether or not a conduct amounts to
misconduct. -he Supreme court+ has observed that the term *misconduct+ may
involve moral turpitude! it must be improper or wron behaviour! unlawful behaviour!
wilful in character forbidden act! a transression of established and de"nite rule of
action or code of conduct! but not mere error of .udment! carelessness or
nelience in performance of duty/ the act complained of bears forbidden 'uality or
character. -he Court has made it clear that its ambit has to be construed with
reference to the sub.ect matter and the conte(t wherein the term occurs! reard
bein had to the scope of the statute and the public purpose it see$s to serve.
)
AI& )001 SC 1)22
-he term 3misconduct3 has been de"ned in Blac$4s ,ictionary as

5transgression of some established and denite rule of action, a forbidden act, a
dereliction of duty, unlawful behaviour, wilful in character, improper or wrong
behaviour. Its synonyms are misdemeanour, impropriety, mismanagement, offence
but not negligence or carelessness.

In oratanmal !haurasia v. ".R. "urli
1
! the Supreme Court held that misconduct has
not been de"ned in the Advocates Act! )06). Misconduct! inter alia! envisaes
breach of discipline! althouh it would not be possible to lay down e(haustively as to
what would constitute misconduct and indiscipline which! however! is wide enouh to
include wronful omission or commission! whether done or omitted to be done
intentionally or unintentionally. It means *improper behaviour! intentional wrondoin
or deliberate violation of a rule of standard of behaviour.

Misconduct is said to be a transression of some established and definite rule of
action! where no discretion is left e(cept what necessity may demand! it is a violation
of de"nite law. Section 35 refers to imposition of punishment for professional or other
misconduct. A member of leal profession which is a noble one is e(pected to
maintain a standard dini"ed and determined manner. -he standard re'uired to be
maintained by the member of the leal profession must be commensurate with the
nobility thereof. A lawyer is obliated to observe those norms which ma$e him worthy
of the con"dence of the community in him as an of"cer of the Court. Althouh the
power of the Bar Council is not limited! the thrust of chare must be such which
would necessitate initiation of disciplinary proceedins. A professional or other
misconduct committed by a member of the profession should ordinarily be .uded
'ua profession. -o determine the 'uantum of punishment which may be imposed on
an advocate! the test of proportionality shall be applied which should also depend
upon the nature of the acts complained of. 7o universal rule! thus! can be laid down
as reard 5initiation of a proceedin for *misconduct of a member of the profession.
In re #ulsidas $manmal %han
3
the Court said 3Misconduct3 is! thus! a wide
e(pression. -o treat a conduct as misconduct it is not necessary that it should
involve moral turpitude. A conduct may be ta$en as misconduct! althouh it does not
1
AI& 1889 SC: 1209
3
AI& )09) Bom 112
involve metal turpitude. Any conduct which in any way renders a person un"t for the
e(ercise of his profession or is li$ely to tamper or embarrass administration of .ustice
by the #ih Court or any other Court thereto may be ta$en as misconduct
-he term 3misconduct3 may be ta$en to mean infamous conduct. -he e(pression
3infamous conduct in professional respect3 has been de"ned by ;opes! ;.<.
9
in
respect of medical profession but it has been applied even in respect of the leal
profession! i.e.! it has been applied in determinin the professional misconduct of a
lawyer=
A lawyer is bound to conduct himself in a manner be"ttin the hih and honourable
leal profession and if he departs from the hih standard which the profession has
set for itself and demands of him in professional matter! he will be liable to
disciplinary action. -he fact of there bein no speci"c rule overnin the particular
situation is not any reason for acceptin a less riid standards
If the conduct of an advocate is such as to ma$e him unworthy to remain a member
of the honourable leal profession and un"t to he entrusted with the responsible
duties that an advocate is called upon to perform!he will be held uilty of misconduct
and may be punished therefor. -he followin two tests have been laid down
> Misconduct is such that he must be rearded as unworthy to remain a
member of the honourable profession and
> the misconduct is such that he must be rearded as unfit to be entrusted with
the responsible duties that an advocate is called upon to perform
Section 35 Advocates Act 1961. Punishment of advocates for misconduct.-
(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to
believe that any advocate on its roll has been uilty of professional or other
misconduct! it shall refer the case for disposal to its disciplinary committee.
(1") #$ %he State Bar Council may! either of its own motion or on application made to
it by any person interested! withdraw a proceedin pendin before its disciplinary
9
Allison ? @eneral Council of Medical Aducation and &eistration B)209C ) DB E58
committee and direct the in&uiry to be made by any other disciplinary committee of
that State Bar Council.'
(() %he disciplinary committee of a State Bar Council )$ shall fi* a date for the
hearin of the case and shall cause a notice thereof to be iven to the advocate
concerned and to the "dvocate- +eneral of the State.
(#) %he disciplinary committee of a State Bar Council after ivin the advocate
concerned and the "dvocate- +eneral an opportunity of bein heard! may ma,e any
of the followin orders! namely---
(a) dismiss the complaint or! where the proceedins were initiated at the instance of
the State Bar Council! direct that the proceedins be filed.
(b) reprimand the advocate.
(c) suspend the advocate from practice for such period as it may deem fit.
(d) remove the name of the advocate from the State roll of advocates.
()) Where an advocate is suspended from practice under clause (c) of sub- section
(#)! he shall! durin the period of suspension! be debarred from practisin in any
court or before any authority or person in /ndia.
(0) Where any notice is issued to the "dvocate- +eneral under sub- section (()! the
"dvocate- +eneral may appear before the disciplinary committee of the State Bar
Council either in person or throuh any advocate appearin on his behalf.
1$ 1*planation.-- /n this section! ($ section #2 and section #3'! the e*pressions4
"dvocate- +eneral4 and4 "dvocate- +eneral of the State4 shall! in relation to the
5nion territory of 6elhi! mean the "dditional Solicitor +eneral of /ndia.'
Section 36. 6isciplinary powers of Bar Council of /ndia.-
(1) Where on receipt of a complaint or otherwise the Bar Council of /ndia has reason
to believe that any advocate #$ whose name is not entered on any State roll has been
uilty of professional or other misconduct! it shall refer the case for disposal to its
disciplinary committee.
(() 7otwithstandin anythin contained in this Chapter! the disciplinary committee
of the Bar Council of /ndia may! )$ either of its own motion or on a report by any
State Bar Council or on an application made to it by any person interested'! withdraw
for in&uiry before itself any proceedins for disciplinary action aainst any advocate
pendin before the disciplinary committee of any State Bar Council and dispose of
the same.
(#) %he disciplinary committee of the Bar Council of /ndia! in disposin of any case
under this section! shall observe! so far as may be! the procedure laid down in section
#0! the references to the "dvocate- +eneral in that section bein construed as
references to the "ttorney- +eneral of /ndia.
()) /n disposin of any proceedins under this section the disciplinary committee of
the Bar Council of /ndia may ma,e any order which the disciplinary committee of a
State Bar Council can ma,e under sub- section
(0) of section #0! and where any proceedins have been withdrawn for in&uiry
1$ before the disciplinary committee of the Bar Council of /ndia'! the State Bar
Council concerned shall ive effect to any such order.
Remedies against order of Punishment
-here are two remedies aainst the order of punishment those of review and appeal.
:hile sections 35 and 36 empower the disciplinary committee of the Bar Council to
punish lawyers! the lawyers who may be so punished have the followin two
methods to remedy their situation
Review
Section 99 of the Advocates Act Provides that the disciplinary committee of a Bar
Council may of its own motion or otherwise review any order! within 68 days of the
date of order passed by it under this chapter. #owever! no such order of review of
the disciplinary committee of a State Bar Council shall have effect! unless it has
been approved by the Bar Council of India.
Section 92FAA ma$es it clear that the Bar Council of India or any of its committees!
other than its disciplinary committee! may on its own motion or otherwise! review any
order! within 68 days of the date of that order! passed by it under the Advocates Act.
Chapter II of Part ?II of the &ules of the Bar Council of India deals with the review
&ule ) provides that an application for review under Section 99 of the Advocates Act
shall be in the form of a petition duly sined and supported by an affidavit
accompanied by the prescribed fee and filed within )5 days from the date of the
order souht to be reviewed. Avery such application shall be accompanied by a
certified copy of the order complained of! 5 additional copies of the application!
affidavit and the order if there are more respondents than one! as any additional true
copies as may be necessary. Avery such application shall set out the rounds on
which the review is souht and shall further state whether any proceedin in respect
thereof has been filed and still pendin and the result thereof as the case may be. If
a disciplinary committee of a Bar Council does not summarily re.ect the application
under section 99 sou moto the Secretary of a Bar Council shall issue as nearly as
many as may be in the form prescribed in this chapter! notice to the parties and to
the Advocate @eneral concerned or the Additional SolicitorF@eneral of India in the
case of the Bar Council of ,elhi if! after such hearin the disciplinary committee of a
State Bar Council does not dismiss the application and decides that the applications
for review should be allowed! the copy of the order alonwith the relevant record
shall be sent to the Bar Council of India for approval.
Appeal
In case the order of punishment has been passed by the disciplinary committee of
the State Bar Council! an appeal may be preferred to the Bar Council of India
Section 3E of the Advocates Act provides that any person arieved by an order of
the disciplinary committee of a State Bar Council. If the Bar Council of India
approves the order of the State Bar Council the disciplinary committees of the State
Bar Council shall communicate the order to the parties. If the Bar Council of India
does not approve it! the disciplinary committee of the State Bar Council shall ma$e
its order dismissin the application and inform the parties. -he decision of the
disciplinary committee of the Bar Council of India on an application for review of its
order shall be communicated to the Parties made under Section 35 or the AdvocateF
@eneral of the States may! within 68 days of the date of the communication of the
order to him! prefer an appeal to the Bar Council of India Avery such appeal shall be
heard by the disciplinary committee of the Bar Council of India which may Pass such
order includin as order varyin the punishment awarded by the disciplinary
committee of the State Bar Council thereon as it deems fit It has been made clear
that no order of the disciplinary committee of the State Bar Council shall be varied by
the disciplinary committee of the Bar Council of India so as to pre.udicially affect the
person arieved without ivin him reasonable opportunity of bein heard.
-he Bar Council of India has framed rules as to the procedure to be observed in
case of appeal to it under Section 3E of the Act. Chapter I of Part ?II of the &ules of
Bar Council of India deals with the rules relatin to such procedure. &ule )0 provides
that an appeal to the Council provided for under Section 3E of the Act shall be in the
form of a memorandum in writin as set out in &ule in this Chapter. If the appeal is in
a lanuae other than enlish! it shall be accompanied by a translation thereof in
Anlish. In every such appeal all persons who were parties to the oriinal
proceedins shall alone be impleaded as parties! save as otherwise directed by the
,isciplinary Committee of the Council in an appeal by the advocate aainst an order
under Section 35! in case of deaths of the complainant! the leal representatives of
the complainant
shall be made parties.
&ule 18 provides that an appeal may be presented by the appellant or his advocate
or by his reconised aent in the office of the Bar Council of India or sent by
reistered post with ac$nowledment due so as to reach the Secretary! Bar Council
of India on or before the last day of limitation. An appeal may be admitted after the
period of limitation! if the appellant satisfies the disciplinary committee that he had
sufficient cause for not preferrin the appeal within such period. Any such application
for condonation of delay shall be supported by an affidavit.
&ule 1) provides that the Memorandum of appeal referred to in &ule )0 of this
Chapter shall contain necessary particulars as in %orm 7o 6. -he Memorandum of
appeal shall state where the order was communicated to the appellant and how it is
in time alon with the memorandum of appeal! the appellant shall file
BaC either the authenticated or the certified copy of the order appealed aainst!
sined by the &eistrar of the ,isciplinary Committee! and
BbC five additional copies of the memorandum of appeal and of the order appealed
aainst! if there is only one respondent! if there is more than one respondent! such
number of the additional copies as may be necessary All copies shall be certified as
true copies by the appellant or by his counsel.
Avery memorandum of appeal shall be accompanied by the prescribed fees. If the
papers filed in an appeal are not in order! the &eistrar shall re'uire the appellant to
remove such defects within a specified time.
-he Chairman of the A(ecutive Committee or in his absence! the ?ice Chairman of
the A(ecutive Committee or such other members authorised in this behalf by the
Council shall have the powers to allocate matters relatin to the disciplinary
committee! save when any such case has been allotted by the Council to any
particular disciplinary committee
-his provision is sub.ect to &ule 10B1C which provides that before a matter is so
allotted to a disciplinary committee! the &eistrar may obtain order or application for
interim stay or other urent application from the Chairman of any of the disciplinary
committee. -he order so passed shall be communicated to the parties and to the
Secretary of the Bar Council concerned.
Amy matter allotted to a particular disciplinary committee which has not been heard
may be reallocated to a different disciplinary committee. -he Chairman of any
disciplinary committee can issue interim orders on urent matters which may be
placed before hifn by the &eistrar.
&ule 13 Provides that sub.ect to any resolution of the Bar Council of India in this
behalf relatin to the places of hearin the Chairman of the disciplinary Committee
shall fi( the date! hour and place of hearin of the appeal.
&ule 19 provides that the appellant shall be re'uired to be file si( typed sets of the
followin papers paed and inde(ed if there is only one respondent and as many
more sets as there may be additional respondents for the use of the disciplinary
committee and by the other parties and for the record
BaC the complaint statement in the defence of the advocate
BbC the evidence oral and documentary and such other papers on which parties
intend to rely
BcC any other part of the record as may be directed by the committee
:here any of the above papers are in a lanuae other than Anlish! Anlish
translation thereof shall be "led.
-he respondent shall! if so desires or if so called upon! "le si( sets of typed papers
of any part of the record on which he intends to rely.
#e shall also "le Anlish translation of such papers as are not in Anlish.
&ule 15 re'uires the &eistrar to ive notices to the parties or their advocates or
their reconised aents informin them of the date! time and place of the hearin of
the appeal. A copy of the memorandum of appeal shall be sent to the respondent
alon with the notice of the appeal.
&ule 16 ma$es it clear that no appeal "led under Section 3E of the Advocates Act
aainst an order of punishment of an advocate shall be permitted to be withdrawn on
account of settlement of compromise of ad.ustment of the claim aainst the
advocate. Avery appeal "led in aforesaid Section 3E by or aainst an advocate shall
abate on the death of the advocate so far he is concerned.

&ule 1E provides that in reard to appearance of a party in appeal &ule 6 of this :ill
apply. &ule 6 provides that the parties can appear in person or by an advocate who
will "le a va$alatnama ivin the name of the Bar Council in which he is enrolled! his
residential address! telephone number Bif anyC and his address for service of notices.
A senior advocate can appear with another advocate who has "led a va$alatnama.

-he Bar Council or its disciplinary committee may at any stae of a proceedin
appoint an advocate as amicus curiae. Such advocate may be paid such fee as the
Council or the committee may decide. )
-he disciplinary committee of the Bar Council of India shall e(ercise all the powers
e(ercised by the Civil Court or Court of Appeal under the Code of Civil Procedure.
-he order of disciplinary committee disposin of an appeal shall be communicated to
the parties.
Section 30 of the Advocates Act provides that the provisions of Sections 5 and )1 of
the ;imitation Act shall! so far as may be! apply to the appeals to the Bar Council of
India under Section 3E of the Advocates Act
An appeal to the Bar Council Gf India shall not operate as a stay of the order
appealed aainst but the disciplinary committee of the Bar Council of India may for
sufficient cause direct the stay of such order on such terms and conditions as it may
deem fit. :here an application is made for stay of the order before e(piration of time
allowed for appearin before the disciplinary committee of the State Bar Council or
the disciplinary Committee of the Bar Council of India may for sufficient cause direct
stay of such order on such terms and conditions as it may deem fit .
&ule 10 of Chapter ) of Part E of the &ules of Bar Council of India provides that an
*application for stay shall be accompanied by an a"idavit and the fees prescribed by
the Bar Council of India
Appeal to the Supreme Court. Section 32 of the Advocates Act provides that any
person arieved by an order made by the disciplinary committee of the Bar Council
of India under Section 36 or Section 3E the AttorneyF@eneral of India or the
AdvocateH@eneral of the State concerned! as the case may be! may within 68 days
of the date on which the order is communicated to him! prefer an appeal to the
Supreme Court and the Supreme Court may pass such order includin an order
varyin the punishment awarded by the disciplinary committee of the Bar Council of
India thereon as it deems "t. #owever! no order of the disciplinary committee of the
Bar Council of India shall be varied by the Supreme Court as so as to pre.udicially
affect the person arieved without ivin him a reasonable opportunity of bein
heard.

-hus! an appeal aainst the order passed by the disciplinary committee may be
referred to the Bar Council of India and the appeal aainst the order of the Bar
Council of India may be preferred to the Supreme Court. Besides! the appeal
aainst the order passed by the disciplinary committee of the Bar Council of India
may be preferred the Supreme Court under Section 32. Any person arieved by the
aforesaid orders or the AttorneyF@eneral of India or the Advocate @eneral of the
State concerned may prefer an appeal to the Supreme Court. Gn such appeal the
Supreme Court may pass such order thereon as it deems "t. #owever! no order of
the disciplinary committee of the Bar Council of India can be varied by the Supreme
Court so far as to affect the arieved person without ivin him a reasonable
opportunity of bein heard.
In the case of Supreme !ourt &ar $ssociation v. 'nion of India
5
the Court has made
it clear that the e(ercisin of powers under the contempt .urisdiction should not be
confused with the appellate .urisdiction under Section 32 of the Advocates Act. Both
5
AI& )002 SC )205
are separate and In the e(ercise of the contempt .urisdiction the Supreme Court
cannot suspend or cancel the licence of an advocate to practice. Such punishment
cannot be imposed by ta$in recourse to the appellate power under Section 32 of
the Advocates Act while dealin with a case of contempt of Court. -he appellate
.urisdiction cannot be converted into oriinal. An advocate who is found uilty of
contempt of Court may also be uilty of professional misconduct but it is for the State
Bar Council or Bar Council of India to punish him by either debarrin him from
practice or suspendin his licence. -he Bar Council which performs a public duty
and is with the obliation to protect the dinity of the profession and professional
standards and eti'uette is oblied under Article )99 to act in aid of the Supreme
Court. :henever its attention is drawn by the Supreme Court to the contumacious
and unbecomin conduct of an advocate which has tendency to interfere with the
due administration of .ustice! it is e(pected that it could rise to the occasion and ta$e
action. In case the Bar Council! even after receivin *reference+ from the Court fails to
ta$e action aainst the concerned advocate !the
Supreme Court may invo$e its power under section 32 of the Advocates Act and
direct the Bar Council to send the record of the orders. -his appellate power is
available only to the Supreme Court and not to the #ih Court.
In the case Ex-Capt. Harish Uppal vs Union Of India & Another
6
, the followin
'uestions came before the #on+ble Supreme Court for its consideration
> :hether lawyers have a riht to stri$e andIor ive a call for boycotts of
CourtIs. #ere it was held that there is no riht of a lawyer to stri$e andIor ive
a call for boycotts of CourtIs. %urther -he Court state that (#he protest, if any
is re)uired, can only be by giving press statements, #* interviews, carrying
out of !ourt premises banners and+or placards, wearing blac, or white or any
colour arm bands, peaceful protest marches outside and away from !ourt
premises, going on dharnas or relay fasts etc.
> :hether the riht of Advocates to appear before a court is absolute.
#ere -he Court held that the riht of advocates to appear before the court is
not an absolute one. It is sub.ect to the rule framed by the Supreme Court
6
AI& SC: 93F C:P )31 of )002
under Article )95 or the #ih Court under section 39 of the Advocates act.
-he Court can thus frame rules debarrin advocates uilty of contempt!
unprofessional or unbecomin conduct from appearin before the courts.
Such rules will not be in conflict with the disciplinary .urisdiction of the Bar
Councils. It further went on to say that if the Bar was derelict in framin the
re'uisite rules to deal with errant lawyers then the Court would be forced to
intervene and do the needful. It said (the right of appearance in !ourts is still
within the control and jurisdiction of !ourts. Section -. of the $dvocates
$ct has not been brought into force and rightly so. !ontrol of conduct in
!ourt can only be within the domain of !ourts. #hus $rticle /01 of the
!onstitution of India gives to the Supreme !ourt and Section -0 of the
$dvocates $ct gives to the 2igh !ourt power to frame rules including rules
regarding condition on which a person 3including an $dvocate4 can practice in
the Supreme !ourt and+or in the 2igh !ourt and !ourts subordinate thereto.
"any !ourts have framed rules in this behalf. Such a rule would be valid
and binding on all. 5et the &ar ta,e note that unless self restraint is e6ercised,
!ourts may now have to consider framing specific rules debarring $dvocates,
guilty of contempt and+or unprofessional or unbecoming conduct, from
appearing before the !ourts. Such a rule if framed would not have
anything to do with the disciplinary jurisdiction of &ar !ouncils. It would be
concerning the dignity and orderly functioning of the !ourts. #he right of the
advocate to practise envelopes a lot of acts to be performed by him in
discharge of his professional duties. Such a rule would have nothing to do
with all the acts done by an advocate during his practice. 2e may even file
*a,alat on behalf of client even though his appearance inside the court is not
permitted. !onduct in !ourt is a matter concerning the !ourt and hence the
&ar !ouncil cannot claim that what should happen inside the !ourt could also
be regulated by them in e6ercise of their disciplinary powers. #he right to
practice, no doubt, is the genus of which the right to appear and conduct
cases in the !ourt may be a specie. &ut the right to appear and conduct
cases in the !ourt is a matter on which the !ourt must and does have major
supervisory and controlling power. 2ence !ourts cannot be and are not
divested of control or supervision of conduct in !ourt merely because it may
involve the right of an advocate. $ rule can stipulate that a person who has
committed contempt of !ourt or has behaved unprofessionally and in an
unbecoming manner will not have the right to continue to appear and plead
and conduct cases in !ourts. #he &ar !ouncils cannot overrule such a
regulation concerning the orderly conduct of !ourt proceedings. 7n the
contrary it will be their duty to see that such a rule is strictly abided by. #he
power to frame such rules should not be confused with the right to practise
law. 8hile the &ar !ouncil can e6ercise control over the latter, the !ourts
are in control of the former. #his distinction is clearly brought out by the
difference in language in Section 09 of the $dvocates $ct on the one hand
and $rticle /01 of the !onstitution of India and Section -03/4 of the $dvocates
$ct on the other. Section 09 merely empowers the &ar !ouncil to frame rules
laying down conditions subject to which an $dvocate shall have a right to
practice i.e. do all the other acts set out above. 2owever, $rticle /01 of the
!onstitution of India empowers the Supreme !ourt to ma,e rules for
regulating this practice and procedure of the !ourt including inter:alia rules as
to persons practising before this !ourt. Similarly Section -0 of the $dvocates
$ct empowers 2igh !ourts to frame rules, inter:alia to lay down conditions on
which an $dvocate shall be permitted to practice in !ourts. $rticle /01 of the
!onstitution of India and Section -0 of the $dvocates $ct clearly show that
there is no absolute right to an $dvocate to appear in a !ourt. $n $dvocate
appears in a !ourt subject to such conditions as are laid down by the !ourt. It
must be remembered that Section -. has not been brought into force and this
also shows that there is no absolute right to appear in a !ourt. ;ven if Section
-. were to be brought into force control of proceedings in !ourt will always
remain with the !ourt. #hus even then the right to appear in !ourt will be
subject to complying with conditions laid down by !ourts just as practice
outside !ourts would be subject to conditions laid down by &ar !ouncil of
India. #here is thus no conflict or clash between other provisions of the
$dvocates $ct on the one hand and Section -0 or $rticle /01 of the
!onstitution of India on the other.J
> As a corollary to the first whether lawyers holdin ?a$alats on behalf of their
clients may not attend Courts in pursuance to a call for stri$e or boycott.
#ere it was held that a lawyer holdin a ?a$alat on behalf of his client cannot
not attend Court in pursuance to a call for stri$e or boycott
> :hether a lawyer can be visited with any adverse conse'uences by the
Association or the Council and threat or coercion of any nature includin that
of e(pulsion can be held out aainst himIher.
#ere it was held that a lawyer cannot be visited with any adverse
conse'uences by the Association or the Council and no threat or coercion of
any nature includin that of e(pulsion can be held out
> :hether a Bar Council or Bar Association can permit callin of a meetin for
purposes of considerin a call for stri$e or boycott and re'uisition.
#ere it was held that no Bar Council or Bar Association can permit callin of a
meetin for purposes of considerin a call for stri$e or boycott and re'uisition!
if any such meetin is in fact called it must be inored
> :hether Courts are under an obliation to ad.ourn matters because lawyers
are on stri$e. #ere it was held that courts are under no such obliation
whatsoever and -he Court further went on to say (It is held that !ourts are
under no obligation to adjourn matters because lawyers are on stri,e. 7n
the contrary, it is the duty of all !ourts to go on with matters on their boards
even in the absence of lawyers. In other words, !ourts must not be privy to
stri,es or calls for boycotts.
> :hether if a lawyer holdin a ?a$alat of a client! abstains from attendin
Court due to a stri$e call! he shall be personally liable to pay costs which shall
be in addition to damaes which he miht have to pay his client for loss
suffered by the client.
#ere it was held that if a lawyer! holdin a ?a$alat of a client! abstains from
attendin Court due to a stri$e call! he shall be personally liable to pay costs
which shall be addition to damaes which he miht have to pay his client for
loss suffered by him.
-he Court had iven various reasons supportin why it held! what it had! in fact held.
It was said that lawyers should not stri$e because in the process lawyer stand to lose
the most. %urther It does harm to the dinity and nobility of the leal profession and
is unbecomin of the stature and standin of a lawyer to stri$e. %urther it was said
that law is a noble profession and when a lawyer ta$es up a case he does so to help
a person in distress and to o on stri$e will defeat the purpose of the services he
may have areed to provide! it was said that it would be rossly unfair and unethical
on the part of the lawyer to abandon the interests of his client which he has
underta$en to protect! only to stand in a trade unionist stri$e. It was further said that
stri$es are enerally appropriate only when there is for e(ample an industrial dispute
where the wor$ers may only have recourse to such an e(treme measure in an
e(traordinary situation! but in the leal profession stri$e aainst may be .ustified only
very few situations and not in most others ! these were elucidated by the court. -he
Court said that the followin situations were the ones where a to$en stri$e for not
more than one day was .ustified in (ISS';S I*75*I< =I<I#>, I#;<RI#>,
I=;P;=;!; 7? #2; &$R $= @'=I!I$R>.
-he Court provided the situations where a stri$e of any $ind was not .ustified
(I. 57!$5 ISS';S
/. =isputes between lawyer + lawyers and the police and other authorities
A. Issues regarding corruption + misbehaviour of @udicial 7fficers and other
authorities.
-. on filling of vacancies arising in !ourts or non appointment of @udicial
7fficers for a long period.
0. $bsence of infrastructure in courts.
II. ISS';S R;5$#I< #7 7; S;!#I7 7? #2; &$R $= $7#2;R
S;!#I7
/. 8ithdrawal of jurisdiction and conferring it to other courts 3both pecuniary and
territorial4.
A. !onstitution of &enches of 2igh !ourts. =isputes between the competing
=istrict and other &ar
$ssociations.
III4 5;<IS5$#I7 8I#27'# !7S'5#$#I7 8I#2 #2; &$R !7'!I5S.
I*4 $#I7$5 ISS';S $= R;<I7$5 ISS';S $??;!#I< #2; P'&5I! $#
5$R<;+#2; IS;SI#I*I#> 7? $55 !7!;R;=.
In these matters the Court had said that there can be no stri$e whatsoever because
there is an established procedure in law and oin on a stri$e to protest the
outcomes of that procedure will be rossly illeal because for e(ample the Court
were to pass an order in which the party aainst whom the order was passed bein
unhappy were to call a stri$e! this situation would be a very danerous precedent
and will damae the authority and prestie of the Court! further such an act would be
contempt of court! the Court here added that lawyers were officers of the Court
whose primary duty is to have .ustice done by the Court and this community $nowin
full well the law and the conse'uences their acts will have on precedent was
reretful.
:ith reard to matters relatin to differences between lawyers and the police the
Court said that even in that case stri$es would not be leal or .ustified or even ethical
because even in such a situation it was not .ustified because it was not fair to ma$e
the litiant public suffer on account of differences between two arms of the .ustice
machinery in such cases protests could be effected by ivin press statements! -?
interviews! carryin out of Court premises banners andIor placards! wearin blac$ or
white or any colour arm bands! peaceful protest marches outside and away from
Court premises! oin on dharnas or relay fasts etc.