Role of lawyers in the administration of justice

A successful lawyer has always been held in high esteem not because he has succeeded in accumulating unlimited earnings but because of his knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम्‌ ," and "知识 Zhīshì," respectively. wisdom and Court craft. His keen mindMind We know nothing about its origin, growth, or demise. Where it lives, can it live without a brain? Possibly, the mind is the soul and spirit. See Consciousness, brilliant intellect, indomitable labour and propheticProphet Προφητεύω (Prophesy) - He who tells in advance. A prophet may not be a Messenger of God. He may simply predict something may happen in the future. Hebrew prophets claimed to be able to see the future or interpret the present situation for future circumstances. Narada in Indian Puranas was the Messenger from Devatas. Whether the 'future' exists or not is the investigative subject of Physics. Elohim never created any future for Adam in Genesis (1.1). Islam claims Muhammad as the last Abrahamic prophet. vision aid him to acquire a personality which inspires the new entrant and fosters respect amongst colleagues.

But those who go astray indulge in indiscipline and profess to preach vices to enhance their own breed. They do not rely on genuine talent, rather find it convenient to have the short cut through the ladder of a risky adventurer or tread the lawless path. This breed adopts the method of shouts and threats bereft of wisdom to extract submission from the sobre. They create an atmosphere of helplessness and browbeat the logical and the reasonable. They call it agitation and glorify it in the name of revolution. Their motto is to get at something, by disrespect and creating chaos. Many young lawyers today are wandering without rule or guidance in a wilderness as vast and intricate as the untamed forest. The training of a newcomer to the profession is too casual and too scanty.

Regulatory Measure 

An Advocate, who is an Officer of the Court, is bound to respect the Court and maintain its dignityDignity αξιοπρέπεια > The basic dignity of a human has been protected by the Constitution and other Human rights Laws. If a man fails to provide it to another man, then he disrespects his existence and standing., decorum and majesty is the thumb rule.

235. Control over subordinate courts

The control over districtDistrict India has 800 districts under 29 federal states and 8 union territories. Adilabad Agar-Malwa Agra Ahilyanagar Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Alipurduar Alirajpur Alluri Sitharama Raju Almora Alwar Ambala Ambedkar Nagar Amethi Amravati Amreli Amritsar Amroha Anakapalli Anand Ananthapuramu Anantnag Anjaw Annamayya Anugul Anuppur Araria Ariyalur Arvalli Arwal Ashoknagar Auraiya Aurangabad Ayodhya Azamgarh Bagalkote Bageshwar Baghpat Bahraich Bajali Baksa Balaghat Balangir Baleshwar Ballari Ballia Balod Balodabazar-Bhatapara Balotra Balrampur Balrampur-Ramanujganj Banas Kantha Banda Bandipora Banka Bankura Banswara Bapatla Bara Banki Baramulla Baran Bareilly Bargarh Barmer Barnala Barpeta Barwani Bastar Basti Bathinda Beawar Beed Begusarai Belagavi Bemetara Bengaluru Rural Bengaluru Urban Betul Bhadohi Bhadradri Kothagudem Bhadrak Bhagalpur Bhandara Bharatpur Bharuch Bhavnagar Bhilwara Bhind Bhiwani Bhojpur Bhopal Bichom Bidar Bijapur Bijnor Bikaner Bilaspur Bilaspur Birbhum Bishnupur Biswanath Bokaro Bongaigaon Botad Boudh Budaun Budgam Bulandshahr Buldhana Bundi Burhanpur Buxar Cachar Central Chamarajanagar Chamba Chamoli Champawat Champhai Chandauli Chandel Chandigarh Chandrapur Changlang Charaideo Charkhi Dadri Chatra Chengalpattu Chennai Chhatarpur Chhatrapati Sambhajinagar Chhindwara Chhotaudepur Chikkaballapura Chikkamagaluru Chirang Chitradurga Chitrakoot Chittoor Chittorgarh Chumoukedima Churachandpur Churu Coimbatore Cooch Behar Cuddalore Cuttack Dadra And Nagar Haveli Dahod Dakshin Bastar Dantewada Dakshin Dinajpur Dakshina Kannada Dhenkanal Dholpur Dhubri Dhule Dibang Valley Dibrugarh Didwana-Kuchaman Dima Hasao Dimapur Dindigul Dindori Diu Doda Dr. B.R. Ambedkar Konaseema Dumka Dungarpur Durg East East Garo Hills East Godavari East Jaintia Hills East Kameng East Khasi Hills East Siang East Singhbum Eastern West Khasi Hills Eluru Ernakulam Erode Etah Etawah Faridabad Faridkot Farrukhabad Fatehabad Fatehgarh Sahib Fatehpur Fazilka Ferozepur Firozabad Gadag Gadchiroli Gajapati Ganderbal Gandhinagar Ganganagar Gangtok Ganjam Garhwa Gariyaband Gaurela-Pendra-Marwahi Gautam Buddha Nagar Gaya Ghaziabad Ghazipur Gir Somnath Giridih Goalpara Godda Golaghat Gomati Gonda Gondia Gopalganj Gorakhpur Gumla Guna Guntur Gurdaspur Gurugram Gwalior Gyalshing Hailakandi Hamirpur Hamirpur Hanumakonda Hanumangarh Hapur Harda Hardoi Haridwar Hassan Hathras Haveri Hazaribagh Hingoli Hisar Hnahthial Hojai Hooghly Hoshiarpur Howrah Hyderabad Idukki Imphal East Imphal West Indore Jabalpur Jagatsinghapur Jagitial Jaipur Jaisalmer Jajapur Jalandhar Jalaun Jalgaon Jalna Jalore Jalpaiguri Jammu Jamnagar Jamtara Jamui Jangoan Janjgir-Champa Jashpur Jaunpur Jayashankar Bhupalapally Jehanabad Jhabua Jhajjar Jhalawar Jhansi Jhargram Jharsuguda Jhunjhunu Jind Jiribam Jodhpur Jogulamba Gadwal Jorhat Junagadh Kabeerdham Kachchh Kaimur (Bhabua) Kaithal Kakching Kakinada Kalaburagi Kalahandi Kalimpong Kallakurichi Kamareddy Kamjong Kamle Kamrup Kamrup Metro Kancheepuram Kandhamal Kangpokpi Kangra Kannauj Kanniyakumari Kannur Kanpur Dehat Kanpur Nagar Kapurthala Karaikal Karauli Karbi Anglong Kargil Karimganj Karimnagar Karnal Karur Kasaragod Kasganj Kathua Daman Damoh Dangs Darbhanga Darjeeling Darrang Datia Dausa Davanagere Deeg Dehradun Deogarh Deoghar Deoria Devbhumi Dwarka Dewas Dhalai Dhamtari Dhanbad Dhar Dharashiv Dharmapuri Dharwad Dhemaji Katihar Katni Kaushambi Kendrapara Kendujhar Keyi Panyor Khagaria Khairagarh-Chhuikhadan-Gandai Khairthal-Tijara Khammam Khandwa (East Nimar) Khargone (West Nimar) Khawzawl Kheda Kheri Khordha Khowai Khunti Kinnaur Kiphire Kishanganj Kishtwar Kodagu Koderma Kohima Kokrajhar Kolar Kolasib Kolhapur Kolkata Kollam Kondagaon Koppal Koraput Korba Korea Kota Kotputli-Behror Kottayam Kozhikode Kra Daadi Krishna Krishnagiri Kulgam Kullu Kumuram Bheem Asifabad Kupwara Kurnool Kurukshetra Kurung Kumey Kushinagar Lahaul And Spiti Lakhimpur Lakhisarai Lakshadweep District Lalitpur Latehar Latur Lawngtlai Leh Ladakh Leparada Lohardaga Lohit Longding Longleng Lower Dibang Valley Lower Siang Lower Subansiri Lucknow Ludhiana Lunglei MAUGANJ Madhepura Madhubani Madurai Mahabubabad Mahabubnagar Mahasamund Mahendragarh Mahesana Mahisagar Mahoba Mahrajganj Maihar Mainpuri Majuli Malappuram Malda Malerkotla Malkangiri Mamit Mancherial Mandi Mandla Mandsaur Mandya Munger Murshidabad Muzaffarnagar Muzaffarpur Mysuru Nabarangpur Nadia Nagaon Nagapattinam Nagarkurnool Nagaur Nagpur Nainital Nalanda Nalbari Nalgonda Namakkal Namchi Namsai Nanded Nandurbar Nandyal Narayanpet Narayanpur Manendragarh-Chirmiri-Bharatpur(M C B) Mangan Mansa Marigaon Mathura Mau Mayiladuthurai Mayurbhanj Medak Medchal Malkajgiri Meerut Meluri Mirzapur Moga Mohla-Manpur-Ambagarh Chouki Mokokchung Mon Moradabad Morbi Morena Mulugu Mumbai Mumbai Suburban Mungeli Narmada Narmadapuram Narsimhapur Nashik Navsari Nawada Nayagarh Neemuch New Delhi Nicobars Nirmal Niuland Niwari Nizamabad Noklak Noney North North 24 Parganas North And Middle Andaman North East North Garo Hills North Goa North Tripura North West Ntr Nuapada Nuh Pakke Kessang Pakur Pakyong Palakkad Palamu Palghar Pali Palnadu Palwal Panch Mahals Panchkula Pandhurna Panipat Panna Papum Pare Parbhani Parvathipuram Manyam Paschim Bardhaman Paschim Medinipur Pashchim Champaran Patan Pathanamthitta Pathankot Patiala Patna Pauri Garhwal Peddapalli Perambalur Peren Phalodi Phek Pherzawl Pilibhit Pithoragarh Poonch Porbandar Prakasam Pratapgarh Pratapgarh Prayagraj Puducherry Pudukkottai Pulwama Pune Purba Bardhaman Ranipet Ratlam Ratnagiri Rayagada Reasi Rewa Rewari Ri Bhoi Rohtak Rohtas Rudraprayag Rupnagar S.A.S Nagar Sabar Kantha Sagar Saharanpur Saharsa Sahebganj Saitual Sakti Salem Salumbar Samastipur Samba Purba Medinipur Purbi Champaran Puri Purnia Purulia Rae Bareli Raichur Raigad Raigarh Raipur Raisen Rajanna Sircilla Rajgarh Rajkot Rajnandgaon Rajouri Rajsamand Ramanagara Ramanathapuram Ramban Ramgarh Rampur Ranchi Ranga Reddy Sambalpur Sambhal Sangareddy Sangli Sangrur Sant Kabir Nagar Saraikela Kharsawan Saran Sarangarh-Bilaigarh Satara Satna Sawai Madhopur Sehore Senapati Seoni Sepahijala Serchhip Shahdara Shahdol Shahid Bhagat Singh Nagar Shahjahanpur Shajapur Shamator Shamli Sheikhpura Sheohar Sheopur Shi Yomi Shimla Shivamogga Shivpuri Shopian Shrawasti Siaha Siang Siddharthnagar Siddipet Sidhi Sikar Simdega Sindhudurg Singrauli Sirmaur Sirohi Sirsa Sitamarhi Sitapur Sivaganga Sivasagar Siwan Solan Solapur Sonbhadra Sonepur Sonipat Sonitpur Soreng South South 24 Parganas South Andamans South East South Garo Hills South Goa South Salmara Mancachar South Tripura South West South West Garo Hills South West Khasi Hills Sri Muktsar Sahib Sri Potti Sriramulu Nellore Sri Sathya Sai Srikakulam Srinagar Sukma Sultanpur Sundargarh Supaul Surajpur Surat Surendranagar Surguja Suryapet Tamenglong Tamulpur Tapi Tarn Taran Tawang Tehri Garhwal Tengnoupal Tenkasi Thane Thanjavur The Nilgiris Theni Thiruvallur Thiruvananthapuram Thiruvarur Thoothukkudi Thoubal Thrissur Tikamgarh Tinsukia Tirap Tiruchirappalli Tirunelveli Tirupathur Tirupati Tiruppur Tiruvannamalai Tonk Tseminyu Tuensang Tumakuru Udaipur Udalguri Udham Singh Nagar Udhampur Udupi Ujjain Ukhrul Warangal Wardha Washim Wayanad West West Garo Hills West Godavari West Jaintia Hills West Kameng West Karbi Anglong West Khasi Hills West Siang West Singhbhum West Tripura Wokha Y.S.R. Yadadri Bhuvanagiri Yadgir Yamunanagar Yavatmal Zunheboto Umaria Una Unakoti Unnao Upper Siang Upper Subansiri Uttar Bastar Kanker Uttar Dinajpur Uttara Kannada Uttarkashi Vadodara Vaishali Valsad Varanasi Vellore Vidisha Vijayanagara Vijayapura Vikarabad Viluppuram Virudhunagar Visakhapatnam Vizianagaram Wanaparthy courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission., but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

 This Article shows that the High Court has to exercise its administrative, judicial and disciplinary controlDisciplinary control Administrative Law: State of West Bengal v. Nripendra Nath Bagchi [1966] 1 SCR 771: AIR 1966 SC 447. State of Jammu and Kashmir v. Lakhwinder Kumar and Ors. [2013] 2 SCR 1070 : (2013) 6 SCC 333; St. Johns Teachers Training Institute v. Regional Director, National Council for Teacher Education and Anr. [2003] 1 SCR 975 : (2003) 3 SCC 321; Madan Mohan Choudhary v. State of Bihar & Ors. [1999] 1 SCR 596 : (1999) 3 SCC 396. Union of India & Ors. v. Ghulam Mohd. Bhat [2005] Supp. 4 SCR 367 : (2005) 13 SCC 228; Union of India & Ors. v. Diler Singh [2016] 4 SCR 473 : (2016) 13 SCC 71; General Officer Commanding-in-Chief & Anr. v. Subash Chandra Yadav & Anr. [1988] 3 SCR 62 : (1988) 2 SCC 351; State Bank of India and Ors. v. T.J. Paul [1999] 2 SCR 1060 : (1999) 4 SCC 759; Rohtak & Hissar Districts Electric Supply Co. Ltd. v. State of U.P. & Ors. [1966] 2 SCR 863 : AIR 1966 SC 1471; Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council & Ors. [2004] Supp. 5 SCR 692 : (2004) 8 SCC 747; Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector & ETIO [2007] 6 SCR 955 : (2007) 5 SCC 447; Prasar Bharti & Ors. v. Amarjeet Singh & Ors. [2007] 2 SCR 160 : (2007) 9 SCC 539. over the members of the Judicial Service of the State. The wordWord Λόγος  “control”, referred to in this Article, is used in a comprehensive sense to include general superintendence of the working of the sub-ordinate courts, disciplinary control over the Presiding Officers of the sub-ordinate courts and to recommend the imposition of punishment of dismissal, removal and reduction in rank or compulsory retirement. “Control” would also include suspension of a manner of the Judicial Service for purposes of holding a disciplinary enquiry, transfer, confirmation and promotion.

The Art of advocacy

A lawyer is given the privilege of audience by the Court and as such he is an officer of the Court. We often speak of the rule of lawRule of Law It demands equality and accountability for all individuals under clear and predictable justice. This principle applies to both people and the State, emphasizing the need for transparency and openness in decision-making. The European Commission has the role of ensuring respect for the rule of law, as well as upholding EU values and principles. This fundamental value forms the basis of the European Union's foundation, requiring all, including government officials, to be subject to the law, under the control of independent and impartial courts. as the most significant and distinguishing feature of a democraticDemocracy It is commonly understood as being a political system of majority rule. The evolution of democratic tradition can be traced back to the Magna Carta (1215) and through the long struggle for Parliamentary supremacy which culminated in the English Bill of Rights of 1689, the emergence of representative political institutions in the colonial era, the development of responsible government in the 19th century. In institutional terms, democracy means that each of the provincial legislatures and the federal Parliament is elected by popular vote. These legislatures, are "at the core of the system of representative government". It is a 'power' word. Power rests with the ordinary Citizens. Only educated people understand power. A corrupt or controlled court system can cover failure of it. The religious concept is incompatible with it. Promise to spend more from the public treasury moves to Dictatorship. State. The majesty of law depends not only on the efficiency, integrity, impartiality and independence of the judiciaryJudiciary The modern justice system has its roots in Henry II's reign, where the assize system and common law were established. Professional judges and magistrates started to emerge in the 13th century, gradually increasing their independence. However, they faced challenges, including political involvement and potential influence by the sovereign. Changes to the judiciary system, such as the establishment of the Court of Chancery in 1830 and the Judicature Act in 1873, merged common law and equity, leading to the creation of the High Court, Court of Appeal, and Crown Court. Despite this evolution, the judiciary's full independence was not officially recognized until the Constitutional Reform Act in 2005.; it also needs the assistance of a strong, competent, fearless and incorruptible Bar. it is the privilege of the Bar and indeed their duty to press their clients’ cases strenuously and to the best of their ability. A lawyer must, no doubt, give his very best to every cause that he pleads in Court. But in the discharge of his duties he is always expected to exercise his discretion in the selection of his points. The art of advocacy consists in making a proper selection of points to be pressed before the Court and in making such selection the lawyer is at full liberty to exercise his own discretion in the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.”.

This aspect of the duties of the profession of advocacy postulates that however keenly a lawyer may fight his client’s cause, he cannot and should not identify himself too much with his client. Detachment and objectivity are indeed the basis of the strength of the Bar, and when a lawyer agrees to share in the profits of litigation, he can never retain due detachment and objectivity while advocating the cause. An agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. which makes the payment of lawyer’s fees conditional upon the success of the suit and which gives the lawyer an interest in the subject-matter of the suit itself would necessarily tend to undermine the status of the lawyer as a lawyer.

The art of sophisticated advocacy will not only sooth an adverse Judge but will also heavily aid the lawyer in proceeding with the case to the best advantage of the litigant whose interest is supreme. This supremacy of the object should however not overcome the mental faculties of a lawyer so as to malign the free-flow of justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία). It also does not enhance the limits of the licence given to a lawyer so as to destroy his own privileges which he enjoys by virtueVirtue Aristotelian model: Excess Mean Deficiency >Irascibility Gentleness Spiritlessness >Rashness Courage Cowardice>Shamelessness Modesty Diffidence>Profligacy Temperance Insensitiveness>Envy Righteous Indignation Malice>Greed Justice Loss>Prodigality Liberality Meanness>Boastfulness Honesty Self-deprecation>Flattery Friendliness Surliness>Subservience Dignity Stubborness>Luxuriousness Hardness Endurance>Vanity Greatness of Spirit Smallness of Spirit>Extravagance Magnificence Shabbiness> Rascality Prudence Simpleness. of being an officer of the Court. It is only when a lawyer transgresses such limits that the Court on such rare occasions has to rise to preserve the faithFaith  πίστει. and confidence of the public at large while ensuring the rule of law and dispensation of justice. Public interest or litigants interest cannot be served by resorting to whole scale violence of public faith reposed in the judiciary. Lawyers do not enter into contracts with clients to give guaranteed results. They are only obliged to defend a cause which they think to be right in the eyes of law. But that should not in over zeal prompt one to wilfully misrepresent oneself more so where the cause is to secure justice.

They are the instruments who are supposed to assist the Court in finding out the truthTruth Mathematical 'truth' may not be agreeable with the philosophical 'truth.' A question may be asked on propositional 'truth' on the grounds of physics, that space and time actually don't exist. Vedic injunction Satyam Param Dhimahi, technically Satya is none other than Brahman. For Madhymic Buddhists there is nothing as such to be called 'truth', as all the corresponding facts are only mental projections. Apart from Bio-neuroelectricity nothing exists for Biological Cognition. So-called religious truths are nothing more than a marketing strategy.. They are engines of interpretive ideas to infuse life into the dead letter of laws. They enliven hope of justice like an oasis in the desert. The Courts through their devoted labour deliver justice. Judges who have taken oath discharge their onerous duties through these ministers of justice.

 A lawyer’s pursuit should be what was professed by the great 19th Century American Statesman, William Lloyd Garrison, who while launching his new numberNumber Αριθμός “The Liberator” said, “I will be as harsh as truth and as uncompromising as Justice. I am in earnest–I will not equivocate–I will not excuse–I will not retreat a single inch–and I will be heard.”

The wisdom of the Courts are both sharpened and chiselled by the forensic argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument., representing deeper thoughts well dressed with logicLogic What is logic > Glossary of Indian Logic (Sanskrit)-तर्क शब्दावली > Logical Reasoning - Set One, advanced by the lawyers. For students it is said that if they do not study well, they will miss schoolSchool Σχολή > such as Σχολή Βυζαντινής Μουσικής instead of vacations. If lawyers do not receive proper training, they will miss cases and clients. Improper behaviour and absence of courtesy might end up in what Lawyers detest most – loss of a Judge. A lawyer should be adept at expedients for avoiding any unpleasant predicament. He has to by dint of his profession, maintain dignified and respectable bearing in the Court. A lawyers conduct should reflect respectful obedience. Courtesy, consideration towards others and unselfishness are the sources of true politeness from which etiquette springs.

A person who chooses this vocation is not one who has been tossed into this worldWorld Κόσμος to be a sport of fortune ; one is supposed to train oneself, as the profession obliges service to the institution and service to the litigant whose interest is supreme to receive justice through the rule of law. The attire in roles of a lawyer is a respectable disguise. To hold on to such a respect would also require a disciplined character. The moment such a character is shed or given up, not only the attire but the person donning it loses respect. A lawyer should put all his genius into being heard by the Court, not for inviting hatred and contempt. The eloquence and speechSpeech 400 million years ago, the larynx was developed and allowed for communication with other animals. 60 million years ago, human beings talked about Dynosure or like animals in India. The vocal tract was in place to support modern human discourse as early as 300,000 years ago in the Indian subcontinent.   of a lawyer should be direct and brilliant, but eminently self controlled and circumscribed by law. The logic and language should not be allowed to go tangent and should be rarely at fault, if not perfect. SpeakingSpeech 400 million years ago, the larynx was developed and allowed for communication with other animals. 60 million years ago, human beings talked about Dynosure or like animals in India. The vocal tract was in place to support modern human discourse as early as 300,000 years ago in the Indian subcontinent.   in a tongue which one does not altogether understand, should be avoided. It is not necessary to stoop to verbal vulgarity to receive attention. A corrupt reasoning of the mind becomes an instrument of dispute.

Fees always not matters 

In 1874 Couch C. J. and Jackson J. of the Calcutta High CourtHigh Court at Calcutta The High Court at Calcutta (High Court of Judicature at Fort William>opened on 1st July 1862, with Sir Barnes Peacock as its first Chief Justice) was established by the Letters Patent dated 14th May 1862 (High Court's Act, 1861), which provided the jurisdiction and powers of the High Court. condemned an advocate for having entered into a contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. which was contrary to public policy. By the contract in question the advocate had agreed to receive as his professional fees a certain share in the subject-matter of the suit.–‘In the matter of Moung Htoon Oung 21 WB 297 (Cal) (C).

The same view was expressed by a Full Bench of the Calcutta High Court in 1900 in — ‘In the matter of an Advocate 4 Cal LJ 259 (D). Chief Justice Maclean, who delivered the principal judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the Full Bench observed that it is professional misconduct for an advocate to agree with his client to accept as his fee a share of the property, fundFund The term refers to assets of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets. or other matter in litigation for his services as advocate in such litigation upon the successful issue thereof.

In — ‘R, An Advocate, In re AIRAIR All India Reporter 1939 Mad 772 (E) a Full Bench of the Madras High Court has held that for an advocate to enter into an agreement by which he was to accept for his fees a certain proportion of the subject-matter of the suit amounted to professional misconduct of which the Court would take serious notice. In this case there were two agreements which the advocate had made with his client. By the first agreement the advocate had undertaken the liability to maintain the client and carry on the litigation. But by the second he had merely agreed to receive for his fees a certain share in the proceeds of the litigation. His conduct was condemned not only in respect of the first agreement, but also in respect of the second. The Punjab High Court have expressed the same view in — ‘In the matter of a Pleader of the Chief Court of the Punjab 69 Pun Re 1904 (F) and — ‘Ganga RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra.  His rule impacted for 10000 years. Ramrajya means good administration. v. Devi Das 61 Pun Re 1907 (G).

The Standard

Declining standards in the art of advocacy causes serious concern to all the stake holders involved in the mechanism of dispensation of justice, including the lawyers and the litigants. If this adverse and agonising trend is not reversed, with a sense of urgency, it would lead to disastrous consequences. The members of the Bar should not forget to remember that they are officers of the Court and that they have a legal obligation to aid the courts of law in performing their functions, in a smooth and efficient manner. Further, it is the primary duty of the Bar to keep a constant vigil in upholding the dignity and the decorum of the judiciary by cherishing, nurturing, preserving and practising the age old traditions of this great institution, which are worthy of emulation.

A concerted effort has to be made to arrest the contagious illness before it becomes cancerous and attains dangerous and unmanageable proportions, like a bubonic plague. There should, probably, be an open public debate, involving all the stake holders, who may have a say in the system of dispensation of justice. Unless we set our house in order, we may fail to keep the promises we had made when we gave to ourselves the sacred documentDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) called the Constitution of IndiaConstitution of India भारतस्य संविधानम्: 1950 ∫ वयं भारतस्य जनाः (3) मौलिक अधिकार: (Fundamental Rights) > (4) राजनैतिकनीतेः निर्देशात्मकसिद्धान्ताः (Directive principles)> (5) The Union > (6) The States> (11) संघस्य च सम्बन्धाः राज्यम् (Union-State Relation)> (15) निर्वाचनम् (Elections)> (17) राजभाषा (Official Language) (18) आपत्कालीन प्रावधानम् (Emergency provisions) (20) संविधानसंशोधनम् (Amendment of Constitution). सप्तमी अनुसूची: (Seventh Schedule). Parliament, Supreme Court, President of India, Prime Minister of India. ∑ (Govt of India Act 1935, Manu Samhita 5000, BCE Rigveda 7000 BCE), containing more than a millionMillion 1,000,000 (one followed by six zeros), One billion (1,000,000,000) means a thousand million or one followed by nine zeros. A trillion (1,000,000,000,000) dreams.

 In O.P. Sharma and Others Vs. High Court of Punjab and Haryana, the Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network had reiterated the role of lawyers in the administration of justice. It had been held that a lawyer cannot be a mere mouthpiece of his client. He is under an obligation to uphold the rule of law and to ensure that the judicial system functions to its full potential. A lawyer should be dignified in his dealings with the Court, his fellow lawyers and the litigants. He should have integrity in abundance and should never do anything that erodes his credibility. He should faithfully abide by the standards of professional conduct and etiquette, prescribed by the Bar Council of IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more. He has an important social duty to perform, as an officer of the Court.

In a recent decision, a Division Bench of this Court, in S. Padma and Another Vs. The Chief Justice, High Court of Madras, Chennai 600104, had held that an Advocate, who is an officer of the Court, is bound to respect the Court and to maintain its dignity, decorum and majesty.

In his bookBook Council of Trent (1545–1563) the Catholic Church created a Congregation of the Index, to declare a writing dangerous and to burn it, till it exists without notice. For Christians, the Bible, and for Muslims Quran, is only good for human guidance and nothing else. After Jesus, St. Peter and St. Paul are the most educated persons in the Christian world. titled ‘Dynamic Lawyering’, Justice V.R. KrishnaKrishna Author of Bhagavad Gita (3227-3102 BCE) > “कृषिर्भूवाचकः शब्दः णश्च निर्वृतिवाचकः । तयोरैक्यं परं ब्रह्म कृष्णैत्यभिधीयते”| (“कृषेर्व्वर्णे” । उणां ३ । ४ । इति नक् ततो णत्वम् । Similar:  विष्णु नारायण कृष्ण वैकुण्ठ विष्टरश्रवस् दामोदर हृषीकेश केशव माधव स्वभू दैत्यारि पुण्डरीकाक्ष गोविन्द गरुडध्वज पीताम्बर अच्युत शार्ङ्गिन् विष्वक्सेन जनार्दन उपेन्द्र इन्द्रावरज चक्रपाणि चतुर्भुज पद्मनाभ मधुरिपु वासुदेव त्रिविक्रम देवकीनन्दन शौरि श्रीपति पुरुषोत्तम वनमालिन् बलिध्वंसिन् कंसाराति अधोक्षज विश्वम्भर कैटभजित् विधु श्रीवत्सलाञ्छन पुराणपुरुष यज्ञपुरुष नरकान्तक जलशायिन् विश्वरूप मुकुन्द मुरमर्दन लक्ष्मीपति मुरारि अज अजित अव्यक्त वृषाकपि बभ्रु हरि वेधस् | Iyer has stated that lawyers are social engineers and are hallowed partners in securing a world order, a cosmos without chaos and an international order where jurisprudenceJurisprudence It is a branch of philosophy, that discusses the legality of Law. Oppenheimer v Cattermole (1976), the court considered the question of whether a Nazi law was so iniquitous that it should refuse to recognise it as a law, thus raising the connection between the concepts of law and morality. never dwindles into the vanishing point. The Bar should be at war with injustice, as an equal partner in the judicial process.

Unless the long-cherished traditions and conventions of this Court are jealously guarded, respected and followed to their last details, the process of dispensation of justice may be pushed to the brink of disaster. Courts are not expected to tolerate uncouth and unacceptable behaviour from the members of the Bar. This Court may be failing in its duty if it does not express a word of caution in such matters. Further, it may be mistaken to be a tacit sanction or a weakness shown in the performance of its primary duty of rendering justice, without fear or favour, ill-will or affection.

 Muted murmurs are heard from some segments of the society, reflecting their concern regarding the falling standards and the lack of professionalism amongst the members of the Bar, in general. Therefore, at this juncture, there is an emergent need for intense introspection before rigorous remedial measures are initiated to curb and to contain the malaise. Let the house be set in order before it becomes a loud chorus, and before it is too late to redeem the lost prestige of the noble profession. It is said that the Courts of law are the last resort of a common man on the streets. Let there be nothing done, by deeds or by words, to belie the high hopes the peopleMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being. of this nationNation A collective consciousness, founded in ancient origin within a geographic area, with definite history and heritage, culture and way of life, language and literature, food and clothing, coupled with a deep understanding of war and peace is to be known as a nation. Rasra is the Vedic word for it. have on this ‘last bastion’ of hope – the judiciary. Let there be a clear and definite resolve to revive and to restore the legal system to its old glory and to make it march forward in its quest for justice.

Scandalising the Court and the hostile criticism of Judges

The Hon’ble Apex Court in M.Y. Shareef and Another Vs. The Hon’ble Judges of The High Court of Nagpur and Others, as hereunder:

It cannot be denied that a section of the Bar is under an erroneous impression that when a counsel is acting in the interests of his client, or in accordance with his instructions he is discharging his legitimate duty to his client even when he signs an application or a pleading which contains matter scandalizing the Court. They think that when there is conflict between their obligations to the court and their duty to the client, the latter prevails. This misconception has to be rooted out by a clear and emphatic pronouncement, and we think it should be widely made known that counsel who sign applications or pleadings containing matter scandalizing the court without reasonably satisfying themselves about the prima facie existence of adequate grounds there for, with a view to prevent or delay the course of justice, are themselves guilty of contempt of courtContempt of Court Failure to obey a court order.  A disregard of, or disobedience to, the rules or orders of a judicial body or an interruption of its proceedings by disorderly behavior or insolent language. Civil Contempt:  Noncompliance with a court order or rule that affects another person; punishment is administered to compel compliance., and that it is no duty of a counsel to his client to take any interest-in such applications; on the other hand, his duty is to advise his client for refraining from making allegations of this nature in such applications.

(Emphasis supplied by us)

The Hon’ble Apex Court in the same decision also observed as hereunder:

We have no doubt that whatever the learned Judges of the High Court did in this case, they did in the firm belief that the dignity of the Court had to be maintained and the members of the Bar, howsoever big or learned, cannot be allowed to scandalize the judges or to divert the course of justice by attempting to take a case out from one Bench to another Bench of the Court when they find that the Bench is expressing opinions seemingly adverse to their clients.

It is also relevant to refer the decision of the Hon’ble Supreme Court in S.K. Sundaram In Re. reported in 2001 (2) SCCSCC Supreme Court Cases 171 2000 (1) L.W. 26. In the said decision earlier decision of the Hon’ble Supreme Court in Dr. Dt C. Saxena V. Hon’ble the Chief Justice of India reported in 1966 Crl.L.J. 3274 was referred to, wherein, after holding the contemnor as guilty of criminal contempt, the Hon’ble Apex Court observed as hereunder :

Scandalizing the court, therefore, would mean hostile criticism of Judges as Judges or judiciary. Any personal attack upon a Judge in connection with the officeOffice Αξίωμα > Officer > Office-bearer (1593) > Opus, officium, ex officio (Latin). Box-office (Cash Box). he holds is dealt with under law of libel or slander. Yet defamatory publicationPublication It includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public. concerning the Judge as a Judge brings the court or Judges into contempt, a serious impediment to justice and an inroad on the majesty of justice. Any caricature of a Judge calculated to lower the dignity of the court would destroy, undermine or tend to undermine public confidence in the administration of justice or the majesty of justice.

In the same decision, the Hon’ble Apex Court further observed as follows :

Dealing with the imputation that the then Chief Justice of India deliberately and willfully failed to perform his duties the three Bench Judge Bench further observed thus :

It tends to lower the dignity and authority of the Court and also sows seeds for persons with similar propensity to undermine the authority of the Court or the judiciary as a whole; he crossed all boundaries of recklessness and indulged in wild accusations.

In yet another decision in Vishram Singh Raghubanshi Vs. State of U.PUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi  ., , the Hon’ble Apex Court in paragraph 16 held as follows:

 The dangerous trend of making false allegations against judicial officers and humiliating them requires to be curbed with heavy hands, otherwise the judicial system itself would collapse. The Bench and the Bar have to avoid unwarranted situations on trivial issues that hamper the cause of justice and are in the interest of none. “Liberty of free expression is not to be confounded or confused with licence to make unfounded allegations against any institution, much less the Judiciary”. A Lawyer cannot be a mere mouthpiece of his client and cannot associate himself with his client maligning the reputation of judicial officers merely because his client failed to secure the desired order from the said officer. A deliberate attempt to scandalise the court which would shake the confidence of the litigating public in the system, would cause a very serious damage to the institution of judiciary. An advocate in a profession should be diligent and his conduct should also be diligent and conform to the requirements of the law by which an Advocate plays a vital role in the preservation of society and justice system. Any violation of the principles of professional ethics by an Advocate is unfortunate and unacceptable.

(Emphasis supplied by us)

In yet another decision O.P. Sharma and Others Vs. High Court of Punjab and Haryana, , the Hon’ble Apex Court held as follows :

The role and status of lawyers at the beginning of sovereign and democratic India is accounted as extremely vital in deciding that the nation’s administration was to be governed by the rule of law. They were considered intellectuals amongst the elites of the country and social activists amongst the downtrodden. The role of lawyers in the framing of the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more needs no special mention. In a profession with such a vivid history it is regretful, to say the least, to witness instances of the nature of the present kind. Lawyers are the officers of the court in the administration of justice. The Bench as well as the bar has to avoid unwarranted situations or trivial issues that hamper the cause of justice and are in no one’s interest. A lawyer cannot be a mere mouthpiece of his client and cannot associate himself with his client in maligning the reputation of a judicial officer merely because his client failed to secure the desired order from the said officer. A deliberate attempt to scandalise the court which would shake the confidence of the litigating public in the system and would cause a very serious damage to the name of the judiciary.

In the same decision, the Hon’ble Apex Court referred to an earlier decision in M/s. Chetak Construction Ltd. Vs. OmOm सोऽयमात्माध्यक्षरमोङ्कारोऽधिमात्रं पादा मात्रा मात्राश्च पादा अकार उकारो मकार इति ॥ ८ ॥ (Mandukya) Prakash and Others, wherein it was held as hereunder :

Indeed, no lawyer or litigant can be permitted to browbeat the court or malign the presiding officer with a view to get a favourable order. Judges shall not be able to perform their duties freely and fairly if such activities were permitted and in the result administration of justice would become a casualty and the rule of law would receive a setback. The Judges are obliged to decide cases impartially and without any fear or favour. Lawyers and litigants cannot be allowed to ‘terrorize’ or ‘intimidate’ Judges with a view to ‘secure’ orders which they want. This is basic and fundamental and no civilised system of administration of justice can permit it.

The fine art of advocacy suffers mayhem when irreverent men indelicately brush with it.

In Jaswant Singh Vs. Virender Singh and others, AIR 1995 SC 520 observed:

“It is most unbefitting for an advocate to make imputations against the Judge only because he does not get the expected result, which according to him is the fair and reasonable result available to him. Judges cannot be intimidated to seek favourable orders. Only because a lawyer appears as a party in person he does not get a licence thereby to commit contempt of the court by intimidating the Judge or scandalising the courts. He cannot use language, either in the pleadings or during arguments, which is either intemperate or unparliamentary. These safeguards are not for the protection of any Judge individually but are essential for maintaining the dignity and decorum of the courts and for touchy to fair and reasonable criticism of their judgments. Fair comments, even if, outspoken, but made without any malice or attempting to impair the administration of justice and made in good faith, in proper language, do not attract any punishment for contempt of court. However, when from the criticism deliberate, motivated and calculated attempt is discernible to bring down the image of judiciary in the estimation of the public or to impair the administration of justice or tend to bring the administration of justice into disrepute the courts must bestir themselves to uphold their dignity and the majesty of law. The appellant, has, undoubtedly committed contempt of court by the use of objectionable and intemperate language. No system of justice can tolerate such unbridled licence on the part of a person, be he a lawyer, to permit himself the liberty of scandalising a court by casting unwarranted, uncalled for and unjustified aspersions on the integrity, ability, impartiality or fairness of a Judge in the discharge of his judicial functions as it amounts to an interference with the due course of administration of justice.”

Once a lawyer always a lawyer

In Seldom v. Croom-Johnson [1932] 1 KB 759; 16 TC 740, a question arose on a barristerBarristers They are specialist legal advisers and courtroom advocates. They are trained to advise clients on the strengths and weaknesses of their case. They have specialist knowledge and experience in and out of court. Practising barristers must hold a practising certificate issued by us. Barristers’ Register is an online database which displays details of all barristers who have a current practising certificate. read more about BSB. The Inns of Court or “Inns” are professional membership associations for barristers in England and Wales. The Bar Council is the representative body for barristers.’s Income Tax assessment whether his becoming a King’s counsel from his being a junior barrister would amount to setting up a new possession, Rowlett J. referred to the distinction between the setting up of a new profession and setting up of a new business. He observed that both the junior barrister and the king’s counsel carry on the same profession and the assessee was still acting in the same way as before, practising the art of advocacy, even before he became the King’s counsel. This decision is an illustration of the nature of the legal professionLegal Profession The Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other Profession. A service hired or availed of an Advocate is a service under “a contract of personal service,” and therefore, would fall within the exclusionary part of the definition of “Service” contained in Section 2 (42) of the CP Act 2019. [Bar of Indian Lawyers through its President Jasbir Singh Malik v DK Gandhi PS National Institute of Communicable Diseases, 2024 INSC 410]. Come what may, the legal profession remains the same. Once a lawyer always a lawyer. With the assessee’s expulsion from the law firm one chapter in his career was closed. But then it was the beginning of the next one. Legal profession at all times has been considered to be a profession and it is not like a trade or a business. The expression “commercialCommercial Profit-making economic activities, such as the production, consumption, exchange, and distribution of goods and services, are primarily undertaken to earn money or a livelihood. Key Features > (1) Involve sale and exchange of goods and services for consideration (money or value), (2) Aim to earn profit and ensure business growth, (3) Include risk-bearing and creation of utility, (4) Economic in nature and satisfy customer needs. Commercial Activities > Earning profit, Business growth, Serving society, Achieving market leadership.” primarily deals with the trade and business whereas the art of advocacy is skilled art and one has to acquire it by dint of his skill and legal study.

legal profession does not fall in the category of a trade or business; it is a profession which can only be practised by those who possess necessary and requisite skill in the subject which distinguishes it from any trading or business activity. Lawyers are the clan on priests of the templeTemple Latin templum (Tem > "to cut", set apart) Greek temenos (ναός - innermost chamber), Old French temple "side of the forehead" >  night temper > Template. Church building (εκκλησιαστικό κτίριο) is not a Temple (ναός) rather it is σαλόνι for a communal meal (devoid of ιερότητα και αφιέρωση), again the early Christian community had no intention to build anything like Ναός του Σολομώντα. (मन्दिर  is देवगृह), मन्दिर प्रतिष्टा is a good karma mentioned in Agni and Gaduda Purana. Temple of Athena (Ναός της Αθηνάς). Ayodhya Ram Temple. Read: Temple Management, Devottar. of justice enjoined with the duty of constantly guarding the ivory gates of truth and wisdom. They possess the key to the gates of this institution and show the way to the portals of this temple where the common man seeks justice. Lawyers chivalrous devotion to a cause–binds him indissolubly to the cause of truth–One has to rise above attachment and repulsion to be free from passion in thoughtThinking Human beings began conscious thought as far back as sixty million years ago. By around three hundred thousand years ago, humans inhabiting the Indian subcontinent had developed forms of cognition comparable to those of the modern age, including awareness of competition, defense, and collective security. These early communities were capable of abstract observation, such as counting stars in the night sky, and engaged in reflective discussion about everyday experiences, including the flavors and qualities of food, indicating a sophisticated mental and social life., word and deed away from fear and vanity.