The document discusses the responsibilities of legal professionals in India. It notes that India has the second largest legal profession globally with over 600,000 lawyers. It outlines that lawyers and judges must uphold certain standards and ethics to maintain the nobility and dignity of the profession. This includes being impartial, maintaining respectful conduct, and protecting clients' interests diligently. The document also discusses the roles of the Bar Council of India and state bar councils in regulating legal services. It emphasizes that legal professionals have a duty to ensure justice and uphold people's fundamental rights as seen in several important court cases over the years.
3. India has the world’s Second
Largest Legal Profession with
more than 600,000 Lawyers.
4. In words of Justice V.R.Krishna Iyer, when he
noted, Law is not a trade, not briefs, not
merchandise, and so the heaven of commercial
competition should not vulgarize the legal
profession.
5. In the case of Srinath V. Union of India (AIR 1996 Mad 427)
Madras High Court held that, in view of Sec. 3 of Consumer
Protection Act, 1986.
Consumer Redressal Forums have jurisdiction to deal with
claims against advocates. Sec. 2 (U) of competition Act, 2002
defines the term ‘Service’ along the lines of consumer
protection Act, 1986. Thus it may be concluded that legal
services are becoming subject of trade related laws where
consumerism and market forces should be given adequate
space.
10. Adopted by the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, Havana,
Cuba
27 August to 7 September 1990
Whereas professional associations of lawyers have a vital role
to play in upholding professional standards and ethics,
protecting their members from persecution and improper
restrictions and infringements, providing legal services to all
in need of them, and cooperating with governmental and
other institutions in furthering the ends of justice and public
interest.
11. Lawyers shall at all times maintain the Honour
and Dignity of their Profession as essential agents
of the administration of justice.
12. Lawyers, in protecting the rights of their clients and
in promoting the cause of justice, shall seek to
uphold Human Rights and Fundamental Freedoms
recognized by National and International law and
shall at all times act freely and diligently in
accordance with the law and recognized standards
and ethics of the Legal Profession.
13. ● A lawyer is never expected to influence the decision of the court by any illegal
unfair or improper means.
● A lawyer must always maintain respectful attitude towards the Court.
● A lawyer must accept any brief.
● A lawyer must Fearlessly protect the interest of his client.
● A lawyer must not use unfair malicious practice.
● A lawyer must not abuse rules of Evidence.
● A lawyer must give full attention in clients interest.
15. A Judge Should Perform the Duties of
Judicial Office Impartially and Diligently
16. ❖ A judge should be faithful to the law and maintain
professional competence in it. A judge should not be
swayed by partisan interests, public clamor or fear of
criticism.
❖ A judge should require order and decorum in proceedings
before the judge.
❖ A judge should be patient, dignified and courteous to
litigants, jurors, witnesses, lawyers and others with whom
he the judge deals in official capacity, and should require
similar conduct of lawyers, and of his staff, court officials
and others subject to the judge's direction and control.
17. ❖ A judge should perform judicial duties without bias or prejudice. A judge
should not, in the performance of judicial duties, by words or conduct
manifest bias or prejudice, including but not limited to bias or prejudice
based upon race, sex, religion, national origin, disability, age, sexual
orientation or socioeconomic status, and should not permit staff, court
officials and others subject to the judge's direction and control to do so.
❖ A judge should require lawyers in proceedings before the judge to refrain
from manifesting, by words or conduct, bias or prejudice based upon race,
sex, religion, national origin, disability, age, sexual orientation or
socioeconomic status, against parties, witnesses, counsel or others. This
Section 3B(5) does not preclude legitimate advocacy when race, sex, religion,
national origin, disability, age, sexual orientation or socioeconomic status, or
other similar factors, are issues in the proceeding.
18. A judge should dispose of all
judicial matters promptly,
efficiently and fairly.
19. Sec. 6 & Sec. 7 of Advocates
Act, 1961
Lays down Functions of the
State Bar Council & Bar
Council of India, resp.
20. All the Legal Professionals
Must at all times maintain
the Nobility and Dignity of
this Profession.
21. In R.D. Saxena vs. Balram Prasad Sharma, (2000) 7 SCC 264, this Court held as
under:
"In our country, admittedly, a social duty is cast upon the legal profession to show
the people beckon (sic beacon) light by their conduct and actions. The poor,
uneducated and exploited mass of the people need a helping hand from the legal
profession, admittedly, acknowledged as a most respectable profession. No effort
should be made or allowed to be made by which a litigant could be deprived of his
rights, statutory as well as constitutional, by an advocate only on account of the
exalted position conferred upon him under the judicial system prevalent in the
country........"
22. Keshavanand Bharti v. State of Kerala, 1973
SC Held, Fundamental Rights are a part of Basic Structure
23. Similarly In,
● Champakam Dorairajan V. State of Madras 1951
● K.M. Nanavati V. State of Maharashtra 1960
● Golaknath V. State of Punjab 1967
● Himmat Lal Shah V. Commissioner of Police 1973
● Indira Gandhi V. Raj Narain 1975
● A.D.M. Jabalpur V. S. Shukla 1976
● Maneka Gandhi V. Union of India 1978
● Minerva Mills V. Union of India 1980
● Kehar Singh V. Delhi Administration 1984
● Babri Masjid, Ayodhya Case 1994
● Shah Bano Case1985
And Many More...
24. As in above mentioned cases the Responsibility
of Legal Profession was duly Fulfilled and as a
result it had great impact on lives of Indians and
Dignity of the Red Beacon, which every Judge
gets on his/her car lives on!
25. Legal Profession is a Highly Honourable and
Prestigious Profession, which largely impacts on
society. So, Lawyers & Judges have
Responsibility to fulfill expectations of society.
27. Thank You
Let us take a pledge to always Maintain the Prestige and
Dignity of ourselves as Lawyers and always Respect the
Judges and Courts and Behave Responsibly.
Abhimanyu R. Samarth
Final year Law Student at Dr. BabaSaheb
Ambedkar College of Law, Nagpur.