Practical Training (I): Professional Ethics and Contempt of Court Law

Unit 1 — History of Legal Profession in India

1. Legal profession in India in ancient and medieval period · 2. Changes underwent in Legal profession during British rule · 3. Development of Legal Profession in India after Independence · 4. Impact of globalization on legal profession in India

Unit 2 — Norms of Professional Ethics and Duties

1. Need and necessity of Professional ethics in the legal profession · 2. Professional ethics and duties of advocates towards his clients, Court, public, his fellow advocates, self, society, duty in imparting training, duty to render legal aid, etc. · 3. Restrictions on other Employments · 4. Restrictions on advertising · 5. Form of Dresses or Robes to be worn by Advocate · 6. Rules as to Vakalatnama

• Professional Ethics — Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette
• Duties
• Duty to Render Legal Aid
• Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship

Unit 3 — Introduction and Authorities (the Advocates Act, 1961)

1. Objects of and definitions under the Act · 2. Bar Council of State : · a) Establishment of Bar Councils for Each States and Union Territories · b) Composition of State Bar Council · c) System of Election · d) Term of office of Members of State Bar Council and Establishment of Special Committee · e) Disqualification of Member of Bar Council of State · f) Powers and Functions of Bar Council of State · 3. Bar Council of India: · a) Composition of Bar Council of India · b) Term of office of Members of Bar Council of India · c) Disqualification of Member of Bar Council of India · d) Powers and Functions of Bar Council of India · e) Membership in International Bodies · 4. Provisions Common to Bar Council of India and Bar Council of State: · a) Bar Council to be Body Corporate · b) Constitution of Committees of Bar Council · c) Transaction of Business, Staff and Audit of Accounts of Bar Council · 5. Power of Bar Council to make Rule

• The Bar Council of India and the State Bar Council — Constitution, Powers and Functions
• Privileges of a lawyer — Salient features of the Advocates Act, 1961

Unit 4 — Admission and Enrolment of Advocates (the Advocates Act, 1961):

1. Senior and other Advocates · 2. Preparation of Roll of Advocates · 3. Order of Seniority amongst the Advocates · 4. Transfer of Name from one State Roll to another · 5. Right of Pre-audience · 6. Qualification for Admission of Person as Advocate on State Roll · 7. Disqualification for Admission of Person as Advocate on State Roll · 8. Disposal of Applications for Admission as Advocate · 9. Power of State Bar Council to make rules

• Enrolment of Lawyers — Qualifications prescribed u/s 24 of the Advocates Act 1961and procedure
• Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal Practitioners, Barrister, AOR, Amicus Curie
• Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017)

Unit 5 — Enrolment and Right to Practice and Limitations of such Right (the Advocates Act, 1961):

1. Right of Advocates to Practice · 2. Power of Court to Permit Appearances in Particular Cases · 3. Advocates alone entitled to Practice · 4. Power of High Court to make rules · 5. Skills essential for a lawyer to have a good practice and profession – qualities to succeed in legal profession - honesty, courage, industry, wit, eloquence, judgment, fellowship, etc. · 6. Decisions of Courts on Advocate's right to strike · 7. Role of advocate in the administration of justice and duty towards legal reforms

• Right to Practice
• Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship
• Bar Bench relations — Role of the Bar to Strengthen Bar-Bench Relations

Unit 6 — Conduct of Advocates (the Advocates Act, 1961):

1. Complaint of Professional or other Misconduct · 2. Punishments for Professional or other Misconduct · 3. Disciplinary Powers of Bar Council of India and State Bar Council · 4. Disposal of Disciplinary Proceedings · 5. Review of Orders by Disciplinary Committee · 6. Appeal to Bar Council of India · 7. Appeal to Supreme Court · 8. Stay of Order · 9. Alteration in Roll of Advocates Cases Prescribed for Study on Professional Ethics: · 1) Vishram Singh Raghubanshi v. State of UP, AIR 2011 SC 2275 · 2) Noratanmal Chaurasia vs. M.R. Murli (2004) 5 SCC 689 · 3) SJ Chaudhary v. State of Delhi, AIR 1984 SC 618 · 4) Chandra Shekhar Soni v. Bar Council of Rajasthan, AIR 1983 SC 1012 · 5) Ex-Capt Harish Uppal v. Union Of India, AIR 2003 SC 739 · 6) John D'Souza v. Edward Ani, AIR 1994 SC 975 · 7) Himalayan Cooperative Group Housing Society v. Balwan Singh, AIR 2015 SC 2867 · 8) Narain Pandey vs. Pannalal Pandey (2013) 11 SCC 435 · 9) A S Mohammed Rafi v. State of Tamil Nadu, AIR 2011 SC 308 · 10) D Saibaba v. Bar Council of India, AIR 2003 SC 2502

• Professional Misconduct
• Punishment for misconduct
• Review by the State Bar Council of its own order 3.5 Disciplinary Committee of the State
• Disciplinary Committee of the Bar Council of India — Organisation and powers and procedure
• Transfer of proceedings from the State Bar Council to the Bar Council of India
• Remedies against the order of punishment
• Selected opinions of the Disciplinary Committee of Bar Councils and Major Judgments of the Supreme Court on the subject

Unit 7 — The Contempt of Courts Act, 1971

1. Historical development of law of contempt of court in India · 2. Freedom of speech, Law of defamation and contempt of Court - Constitutional perspectives · 3. Meaning of contempt - Civil contempt and Criminal contempt · 4. Defenses for contempt - Civil and Criminal contempt · 5. Punishments for contempt · 6. Procedure for initiating contempt proceeding · 7. Contempt by Judges, Magistrate, Lawyers, Companies and others · 8. Contempt of Supreme Court, High Court and Subordinate Court · 9. Remedies, Apology, Appeal and Review · 10. Comparison with Order 39 Rule 2A of Civil Procedure Code Cases Prescribed for Study on Contempt of Court · 1) In Re Arundhati Roy, AIR 2002 SC 1375 · 2) Pandurang Dattatraya Khandekar Vs. Bar Council of Maharashtra Bombay and Others (1984) 2 SCC 556. · 3) LD Jaikwal v. State of UP, AIR 1984 SC 1734 · 4) Charan Lal Sahu v. Union of India, AIR 1988 SC 107 · 5) Bal Kishan Giri v. State of UP, AIR 2014 SC (Supp) 469 · 6) High Court of Judicature of Bombay v. Manisha Koirala, 2003 CriLJ 1634 (Bom HC) · 7) Dr. Subramanian Swamy v. Arun Shourie, AIR 2014 SC 3020 · 8) In Re S Mulgaokar, AIR 1978 SC 717 · 9) In Re: Hon’ble Justice C S Karnan, AIR 2017 SC 3191 · 10) Re: Prashant Bhushan and Anr., Suo Motu Contempt Petition (CRL.) No. 1 of 2020, decided on 31.08.2020.

• The Contempt Law and Practice — Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971

Unit 8 — E-Courts in India and Digital Transformation of the Judiciary

1. Introduction to E-Courts - Evolution and Need for E-Courts: History and development of e-Courts in India. · 2. Infrastructure and Technology in E-Courts - Components of E-Court Systems: Overview of hardware, software, and network infrastructure used in e-Courts, Digital Courtrooms: Features of digital courtrooms including video conferencing, e-filing, and digital evidence presentation, Case Management Systems: Understanding how case information is managed and accessed digitally. · 3. Digital Court Procedures and Practices - E-Filing and E-Service: Procedures for electronic filing and service of legal documents, Virtual Hearings: Conducting court hearings via video conferencing platforms, Access to Justice: Enhancing access to justice through online portals and mobile apps. · 4. Impact and Benefits of E-Courts - Efficiency and Transparency: How e-Courts improve judicial efficiency and transparency, Access to Justice: Role of e-Courts in making justice more accessible, particularly for marginalized communities, Reduction in Case Backlog: Assessing the impact of e-Courts on reducing case backlogs and speeding up judicial processes. · 5. Challenges and Limitations - Technical and Infrastructure Challenges: Issues related to technology adoption, digital divide, and infrastructure limitations, Legal and Ethical Concerns: Addressing concerns related to fairness, due process, and the integrity of digital judicial proceedings. · 6. Artificial Intelligence in Judiciary - Potential uses of AI in legal research, case analysis, and decision support, Blockchain and Digital Security: How blockchain and other technologies could enhance security and transparency in court processes, Global Perspectives: Comparative study of e-Court systems in other countries and lessons for India.