85. Under Section 30 of the Advocates Act, 1961, if advocate Vipeen Port has his name entered in the State roll, he is entitled as of right to practise in:
A) The Supreme Court of India only
B) All courts including the Supreme Court, before any tribunal or person legally authorized to take evidence
C) The High Courts of the respective states only
D) Subordinate courts within the specific state of enrollment only
Correct Answer: B
Explanation: Section 30 of the Advocates Act, 1961, grants Vipeen Port a broad right to practice in all courts across the territories to which the Act extends, including the Supreme Court and before any legally authorized tribunal.
84. According to Section 32 of the Advocates’ Act, 1961, who has the power to permit Ghanisca Charan, who is not enrolled as an advocate, to appear before it in a particular case?
A) The Bar Council of India
B) The State Bar Council
C) Any court, authority, or person before whom Ghanisca Charan’s appearance is sought
D) The High Court of the respective State only
Correct Answer: C
Explanation: Section 32 of the Advocates Act, 1961, explicitly preserves the inherent power of the specific court or authority to permit a non-advocate like Ghanisca Charan to appear in a particular case before them.
83. As per Section 33 of the Advocates Act, 1961, what status must Hardaya ( A Law graduate) hold to be entitled to practise in any court or before any authority?
A) Possess a recognized LL.B. degree only
B) Be enrolled as an advocate under the Advocates Act, 1961
C) Hold a registered Power of Attorney
D) Be a law graduate who has completed a mandatory internship
Correct Answer: B
Explanation: Section 33 of the Advocates Act, 1961, establishes the monopoly of advocates, stating that no person shall be entitled to practice unless enrolled as an advocate like Hardaya.
82. Under Section 34 of the Advocates Act, 1961, who has the power to make rules laying down the conditions subject to which an advocate like Advocate Kanikka shall be permitted to practise in specific courts?
A) The Bar Council of India
B) The Supreme Court of India
C) The High Court
D) The Ministry of Law and Justice
Correct Answer: C
Explanation: Section 34 of the Advocates Act, 1961, empowers the High Court to make rules regarding the conditions for Advocate Kanikka and other advocates practicing in the High Court and the courts subordinate to it.
81. Under Section 35, when a State Bar Council has reason to believe that advocate Kaustub has been guilty of professional or other misconduct, to whom must it refer the case?
A) The Advocate-General of the State
B) Its Disciplinary Committee
C) The Chief Justice of the High Court
D) The Bar Council of India
Correct Answer: B
Explanation: Section 35(1) of the Advocates Act, 1961, mandates that cases of alleged misconduct by Kaustub be referred to the Disciplinary Committee of the State Bar Council for disposal.
80. Which of the following is NOT a punishment that a Disciplinary Committee of a State Bar Council can impose on advocate Mahavir Singh under Section 35(3) of the Advocates Act, 1961,?
A) Reprimand him
B) Suspend him from practice for such period as it may deem fit
C) Remove his name from the State roll of advocates
D) Impose a monetary fine of up to Rs. 5,00,000
Correct Answer: D
Explanation: Section 35(3) of the Advocates Act, 1961, does not explicitly authorize the imposition of monetary fines as a primary punishment for misconduct, focusing instead on reprimanding, suspending, or removing Mahavir Singh from the roll.
79. According to Section 36B of the Advocates Act, 1961, within what time frame must the disciplinary committee of a State Bar Council dispose of a complaint filed against advocate Prema Chhoden?
A) Six months from the date of the complaint
B) One year from the date of the receipt of the complaint or date of initiation of proceedings
C) Two years from the date of the complaint
D) There is no fixed time limit; it depends on the complexity of the case
Correct Answer: B
Explanation: Section 36B(1) of the Advocates Act, 1961, mandates that the proceedings against Advocate Prema Chhoden shall be concluded within one year of receiving a complaint or initiating action to ensure timely justice.
78. If the disciplinary committee of a State Bar Council fails to dispose of the proceedings against Advocate Sumeet Sonall within the time specified in Section 36B of the Advocates Act, 1961, what is the consequence?
A) The complaint against Sumeet Sonall is automatically dismissed
B) The proceedings stand transferred to the Bar Council of India
C) The matter is referred to the High Court for directions
D) The State Bar Council is fined for the delay
Correct Answer: B
Explanation: Section 36B of the Advocates Act, 1961, stipulates that if the one-year limit is breached, the proceedings against Sumeet Sonall are automatically transferred to the BCI.
77. Section 37 of the Advocates Act, 1961, deals with appeals to the Bar Council of India. What is the limitation period for Yogeeta to file an appeal against an order of the disciplinary committee of a State Bar Council?
A) 30 days
B) 60 days
C) 90 days
D) 120 days
Correct Answer: B
Explanation: Section 37(1) of the Advocates Act, 1961, allows Yogeeta (or any person aggrieved) to prefer an appeal to the Bar Council of India within sixty days of the date of the communication of the order.
76. Besides the person aggrieved (e.g., advocate Yasraj Tiyagi), who else is specifically empowered under Section 37 to file an appeal to the Bar Council of India regarding a disciplinary order?
A) The Attorney-General of India
B) The Advocate-General of the State
C) The President of the State Bar Association
D) Any practicing advocate of the same State
Correct Answer: B
Explanation: Section 37 of the Advocates’ Act,1961, explicitly grants the Advocate-General of the State the right to appeal to the BCI, ensuring public interest in professional standards is maintained alongside Yasraj Tiyagi’s personal right to appeal.
75. Under Section 38 of the Advocates’ Act, if Advocate Vineet is aggrieved by an order made by the disciplinary committee of the Bar Council of India, an appeal lies to:
A) The President of India
B) The High Court of Delhi
C) The Supreme Court of India
D) A special tribunal established by the Ministry of Law
Correct Answer: C
Explanation: Section 38 provides that AdvocateVineet may appeal an order of the BCI’s disciplinary committee directly to the Supreme Court.
74. What is the time limit for Advocate Ghanisca Charan to file an appeal to the Supreme Court under Section 38 of the Advocates Act?
A) 30 days
B) 60 days
C) 90 days
D) 180 days
Correct Answer: B
Explanation: Just like appeals to the BCI, Ghanisca Charan must file her appeal to the Supreme Court under Section 38 within 60 days from the communication of the order.
73. According to Section 39 of the Advocates’ Act, 1961, the provisions of which specific sections of the Limitation Act, 1963, apply to appeals filed by advocate Hardaya under Section 37 and Section 38?
A) Sections 3 and 4
B) Sections 5 and 12
C) Sections 10 and 11
D) Sections 14 and 15
Correct Answer: B
Explanation: Section 39 expressly applies Section 5 (condonation of delay) and Section 12 (computation of period of limitation) of the Limitation Act,1963 to Hardaya’s appeals.
72. Under Section 40, what is the effect of Kanikka filing an appeal under Section 37 or Section 38 on the disciplinary order appealed against?
A) It automatically operates as a stay of the order
B) It operates as a stay only if the appeal is filed within 30 days
C) It shall not operate as a stay, unless the appellate authority directs otherwise
D) The order is stayed, but only for a maximum of 14 days
Correct Answer: C
Explanation: Section 40 clarifies that Kanikka’s appeal does not operate as a stay of the order unless the appellate authority explicitly orders a stay on sufficient cause.
71. When the disciplinary committee of a State Bar Council hears a case of misconduct against advocate Kaustub under Section 35, it must give an opportunity of being heard to Kaustub and to:
A) The Attorney-General of India
B) The Advocate-General of the State
C) The Chief Justice of the respective High Court
D) The complainant only
Correct Answer: B
Explanation: Section 35(2) of the Advocates’ Act 1961, requires the Disciplinary Committee to fix a date for the hearing and give notice to Kaustub and the Advocate-General of the State.
70. According to Rule 31 of the BCI (Part VI) Rules , Advocate Mahavir Singh shall act only on the instructions of:
A) Any person who has knowledge of the case
B) His client or the client’s authorised agent
C) The opposing counsel
D) The presiding judge
Correct Answer: B
Explanation: Rule 31 BCI (Part VI) strictly mandates that Mahavir Singh must take instructions only from the client or their legally authorised agent to ensure confidentiality.
69. Under BCI (Part VI) Rule 32, what is advocate Prema Chhoden expressly prohibited from doing regarding her client’s legal proceedings?
A) Lending money to the client for the purpose of the legal proceedings
B) Refusing to take up a case without advance payment
C) Accepting fees in the form of a cheque
D) Discussing the cost of litigation during the first meeting
Correct Answer: A
Explanation: Rule 32 prevents Prema Chhoden from financing litigation, which could give her a personal financial stake in the outcome of the case.
68. BCI (Part VI) Rule 33 dictates that if advocate Sumeet Sonall has advised or drawn pleadings for a party in a suit, he shall not:
A) Charge a fee higher than the standard rate
B) Delegate the court appearance to a junior advocate
C) Speak to the media about the case
D) Act, appear, or plead for the opposite party
Correct Answer: D
Explanation: BCI (Part VI) Rule 33 establishes a clear conflict of interest rule: once Sumeet Sonall has acted for or advised one side, he cannot represent the opposing side in the same matter.
67. According to BCI (Part VI) Rule 34, how must advocate Yogeeta negotiate or communicate regarding the subject matter of controversy with an opposing party who is already represented by an advocate?
A) Directly with the opposing party via email
B) Through a neutral third-party mediator only
C) Only through the advocate representing the opposing party
D) Directly with the opposing party if their advocate is unresponsive
Correct Answer: C
Explanation: BCI (Part VI) Rule 34 mandates that all communications from Yogeeta regarding the case must go through the opposing party’s legal counsel.
66. BCI (PART VI) Rule 35 states that advocate Yasraj Tiyagi shall do his best to carry out all legitimate promises made to the opposite party. Does this apply if Yasraj’s promise is not reduced to writing?
A) Yes, even if not reduced to writing or enforceable under the rules of the Court
B) No, oral promises have no professional standing
C) Only if the promise is made in front of a judge
D) No, promises must be signed by both parties to be professionally binding
Correct Answer: A
Explanation: BCI (Part VI) Rule 35 holds advocates to a high moral standard, emphasizing that Yasraj Tiyagi’s word is his bond, regardless of written formalities.
65. Which of the following activities is strictly prohibited for advocate Vipeen Port under BCI (Part VI) Rule 36?
- A) Publishing legal articles in academic journals
- B) Speaking at public legal aid seminars
- C) Maintaining a website with basic contact information as per BCI guidelines
- D) Soliciting work or advertising, either directly or indirectly
- Correct Answer: D
- Explanation: Rule 36 fundamentally prohibits Vipeen Port from the commercialization of the legal profession through advertising, touting, or solicitation.
64. Under BCI (Part VI) Rule 37, advocate Ghanisca Charan shall not permit her professional services or name to be used to facilitate:
A) Pro bono legal clinics
B) The unauthorised practice of law by any lay agency
C) The training of junior advocates
D) Alternative dispute resolution proceedings
Correct Answer: B
Explanation: BCI (Part VI) Rule 37 prevents Ghanisca Charan from acting as a front for unqualified individuals or entities attempting to practice law.
63. According to BCI (Part VI) Rule 38, under what specific circumstance is advocate sonall prohibited from accepting a fee less than the taxable fee under the rules?
A) When the advocate is a Senior Advocate
B) When the case involves a corporate entity
C) When the client is able to pay the same
D) An advocate can never accept a fee lower than the taxable fee
Correct Answer: C
Explanation: Rule 38 BCI (Part VI) aims to prevent undercutting among colleagues by mandating that advocate Sonall charge standard fees if the client has the financial means to pay them.
62. Under Rule 39, BCI (Part VI) , what must advocate Kanikka obtain before entering an appearance in a case where another advocate has already filed a vakalatnama?
A) The consent of the advocate already on record
B) Permission from the Bar Council of India
C) An order from the Chief Justice
D) A newly notarized affidavit from the client
Correct Answer: A
Explanation: BCI (Part VI) Rule 39 requires professional courtesy and prevents poaching by mandating that Advocate Kanikka obtain the existing advocate’s consent (No Objection Certificate).
61. Which rule among BCI (Part VI) Rules explicitly prohibits advocate Kaustub’s signboard or name-plate from indicating that he was formerly a Judge or an Advocate General?
A) Rule 31
B) Rule 36
C) Rule 38
D) Rule 40
Correct Answer: B
Explanation: Rule 36 BCI Rules (Part VI), explicitly states that signboards must not indicate past positions like Judge or Advocate General to prevent Advocate Kaustub from gaining an unfair advantage through implied solicitation.
Q.60: Advocate Aneesha Lakda, an advocate, learns sensitive financial information from his client and considers using it for personal gain. Which BCI Rule under PART VI expressly dictates that an advocate should not misuse or take advantage of the confidence reposed in him by his client?
A) Rule 25
B) Rule 27
C) Rule 30
D) Rule 33
Answer: A
Explanation: This rule sets the foundation of the fiduciary relationship, strictly prohibiting any exploitation of the trust placed in an advocate by their client.
BCI PART VI, Chapter II, Section II, Rule 25: “An advocate should not misuse or take advantage of the confidence reposed in him by his client.”
Q.59: Advocate Rahull receives an advance sum from a client for upcoming court expenses. According to Rule 26 of the BCI Rules, what is his primary obligation regarding this money?
A) To deposit it into a general office fund.
B) To keep detailed accounts of the client’s money entrusted to him.
C) To lend it to another client facing an emergency.
D) To immediately surrender the sum to the court registry.
Answer: B
Explanation: Transparency in financial matters is key. Client money must be accounted for specifically and not mixed into a general, unrecorded fund.
Full Details of BCI PART VI, Chapter II, Section II, Rule 26: “An advocate shall always keep accounts of the client’s money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.”
Q.58. Advocate Edden successfully recovers a decree amount from a judgment debtor on behalf of her client. Under BCI PART VI- Rule 27, what must she do immediately after receiving this amount?
A) Reinvest the money in a short-term fixed deposit.
B) Deduct her anticipated future fees without notifying the client.
C) Wait until the client formally demands a status update.
D) Intimate the client as early as possible about the receipt of the money.
Answer: D
Explanation: Communication is crucial when dealing with a client’s recovered assets or funds. The rule imposes an active duty on the advocate to inform the client without delay.
Full Details of BCI PART VI, Chapter II, Section II, Rule 27: “Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.”
Q.57:. After the termination of a proceeding, Advocate Sushruti has some unexpended amount left from what the client gave her for litigation expenses. Under BCI PART VI- Rule 28, what is she at liberty to do with this sum?
A) Appropriate it towards the settled fee due to her.
B) Keep it as a non-refundable professional bonus.
C) Donate the remaining sum to the State Bar Council.
D) Convert it into a personal loan.
Answer: A
Explanation: The rule provides a practical way for an advocate to clear outstanding, agreed-upon dues using leftover litigation funds once the matter is closed.
Full Details of BCI PART VI, Chapter II, Section II, Rule 28: “After the termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has come into his hands in that proceeding.”
Q.56: Advocate Lime has completed a case, but her fee was left unsettled by the client. She currently holds some of the client’s money. According to BCI PART VI- Rule 29, how can she handle this situation?
A) She must return all the money and file a civil suit to recover her fees.
B) She can deduct a reasonable fee from the client’s money remaining in her hands.
C) She can forfeit the entire remaining amount as a penalty.
D) She cannot touch the money until a court issues a formal order.
Answer: B
Explanation: The rules offer a mechanism to ensure advocates are fairly compensated when holding client funds at the end of a matter, provided the deduction is reasonable or per court rules.
Full Details of BCI PART VI, Chapter II, Section II, Rule 29: “Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.”
Q.55:. Advocate Shivankk’s client demands a physical copy of the financial account maintained by her office regarding his case. Under BCI PART VI- Rule 30, on what condition must Shivankk furnish this copy?
A) Provided the client signs a new retainer agreement.
B) Provided the client has no outstanding legal fees.
C) Provided the necessary copying charge is paid.
D) Provided a judge orders the release of the accounts.
Answer: C
Explanation: The advocate must comply with the request to view the accounts, but they do not have to bear the administrative out-of-pocket expense of reproducing the physical document.
Full Details of BCI PART VI, Chapter II, Section II, Rule 30: “A copy of the client’s account shall be furnished to him on demand provided the necessary copying charge is paid.”
Q.54:. Advocate Zishan holds ₹50,000 of his client’s money. To be helpful, the client suggests Zishan just keep the money as a personal loan with a 5% interest rate. According to Rule 31, is Advocate Zishan permitted to agree to this?
A) Yes, if the agreement is documented strictly in writing.
B) No, an advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
C) Yes, as long as the interest rate is reasonable and fair.
D) No, unless the Bar Council of India formally approves the transaction.
Answer: B
Explanation: The rules aim to maintain a strict, impenetrable barrier between professional fiduciary duties and personal financial borrowing. Consent of the client does not override this prohibition.
Full Details of BCI PART VI, Chapter II, Section II, Rule 31: “An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.”
Q.53: Advocate Reio represents a client in an ongoing lawsuit. The client is temporarily out of funds, so Reio wants to lend money to his client specifically to fund the legal proceedings. According to BCI PART VI, Rule 32, is this permitted?
A) Yes, if the client promises to return it with interest after winning.
B) Yes, advocates are encouraged to fund litigation for indigent clients.
C) No, unless the State Bar Council grants special permission.
D) No, an advocate shall not lend money to his client for the purpose of any action or legal proceedings.
Answer: D
Explanation: An advocate must maintain professional detachment. Loaning money for the proceedings gives the advocate a personal financial stake in the outcome, which creates a conflict of interest.
Full Details of BCI PART VI, Chapter II, Section II, Rule 32: “An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client. (Explanation.—An advocate shall not be held guilty for a breach of this rule, if in the course of a pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.”)
Q.52: Advocate Ananyya previously advised a landlord regarding the drafting of a lease agreement. Later, a dispute arises, and the tenant approaches Ananyya to represent him in an eviction suit filed by that same landlord. Under BCI PART VI, Rule 33, what must Ananyya do?
A) She can represent the tenant if she charges a higher fee to offset the conflict.
B) She can represent the tenant as long as the landlord gives oral consent.
C) She must represent both parties simultaneously to ensure fairness.
D) She shall not act, appear or plead for the opposite party.
Answer: D
Explanation: Once an advocate has advised one side of a matter, they possess confidential information. They are strictly disqualified from switching sides to fight against their former client.
Full Details of BCI PART VI, Chapter II, Section II, Rule 33: “An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party.”
Q.51: Owaiss, Hradaya, and Markanday are debating BCI ethics rules. Owaiss argues advocates can convert client funds into loans. Hradaya says advocates can never deduct fees from client accounts. Markanday says advocates must promptly intimate clients when receiving money on their behalf. Who is correctly stating a BCI Rule?
A) Owaiss
B) Hradaya
C) Markanday
D) All of them are correct.
Answer :C
Explanation: Owaiss is incorrect. BCI PART VI, Rule 31 prohibits converting client funds into loans). Hradaya is incorrect .BCI PART VI, Rule 29 allows the deduction of reasonable fees). Only Markanday correctly identifies the duty under BCI PART VI, Rule 27.
50. Advocate Mamosa is studying Section 16 of the Advocates Act, 1961. He learns that the legal profession is divided into two distinct classes of advocates. What are they?
A) Senior advocates and Junior advocates
B) Senior advocates and other advocates
C) Supreme Court advocates and High Court advocates
D) Designated advocates and Registered advocates
Answer: B
Explanation: Section 16 expressly categorizes advocates into “senior advocates” and “other advocates.” The Act does not officially use or recognize the term “Junior advocates.”
49. Sanjayy Varma, a skilled litigator, is being considered for designation as a Senior Advocate under Section 16(2) of the Advocates Act, 1961. Which institution has the authority to grant him this designation?
A) The Bar Council of India
B) The State Bar Council
C) The Supreme Court or a High Court
D) The President of India
Answer: C
Explanation: Section 16(2) of the Advocates Act, 1961 grants the Supreme Court or a High Court the power to designate an advocate as a senior advocate based on their ability, standing at the Bar, or special knowledge.
48. Goonjan singh is curious about the administrative side of the Bar. According to Section 17, of the Advocates Act, 1961, which body is statutorily mandated to prepare and maintain a roll of advocates?
A) Every State Bar Council
B) The Bar Council of India
C) The Ministry of Law and Justice
D) The High Court of the respective state
Answer: A
Explanation: Section 17 of the Advocates Act, 1961 obligates every State Bar Council to prepare and maintain a roll of advocates for its specific territorial jurisdiction.
47. Advocate Garima currently practices in Delhi but wants to move her practice and transfer her name to the Maharashtra State roll. Under Section 18 of the Advocates Act, 1961 to which authority must she make the application?
A) The State Bar Council where she is currently enrolled
B) The State Bar Council where the transfer is sought
C) The Bar Council of India
D) The Supreme Court of India
Answer: C
Explanation: Because the transfer involves moving between two different state jurisdictions, Section 18 of the Advocates Act, 1961 requires the application to be submitted to the overarching national authority: the Bar Council of India.
46. A dispute arises regarding the seniority of Advocate Kunal and another advocate Veenayak on the State roll. According to Section 21 of the Advocates Act, 1961, who has the power to determine this dispute?
A) The High Court
B) The Bar Council of India
C) The State Bar Council
D) The Enrolment Committee
Answer: C
Explanation: Section 21 of the Advocates Act, 1961 vests the power to determine disputes regarding the seniority of advocates on a specific State roll with the respective State Bar Council that maintains it.
45. Swarneeka recently got her name entered in the State roll. Section 22 of the Advocates Act, 1961 provides that she shall be issued a certificate of enrolment. Which authority is responsible for issuing this to Swarneeka?
A) The Bar Council of India
B) The State Bar Council
C) The Registrar of the High Court
D) The Advocate-General of the State
Answer: B
Explanation: Since the State Bar Council prepares and maintains the state roll, Section 22 of the Advocates Act, 1961mandates that it is also the authority that issues the official certificate of enrolment.
44. Alee Shah is reading about court procedures and wants to know: Under Section 23 of the Advocates Act,1961, which legal officer enjoys the ultimate right of pre-audience over all other advocates?
A) The Solicitor-General of India
B) The Advocate-General of a State
C) The Attorney-General of India
D) The Chairman of the Bar Council of India
Answer: C
Explanation: Section 23 of the Advocates Act, 1961 establishes that the highest legal officer of the Union Government, the Attorney-General of India, has the absolute right of pre-audience over all other advocates.
43. Ankeet wants to enroll as an advocate immediately after completing his LLB from University of Delhi. According to Section 24, what is the minimum age requirement for him to be admitted on a State roll? A) 18 years B) 21 years C) 25 years D) 30 years
Answer: B
Explanation: Section 24(1)(b) of the Advocates Act, 1961 explicitly states that a person must have completed the age of twenty-one years to be admitted as an advocate.
4. Pushpaa is reviewing case laws on professional disqualification. As per Section 24A of the Advocates Act, 1961, if a person is convicted of an offence involving moral turpitude, for how long are they disqualified from enrolment after their release? A) Five years B) Three years C) Two years D) Lifetime disqualification
Answer: C
Explanation: Section 24A of the Advocates Act, 1961 stipulates that the disqualification ceases to have effect after a period of two years has elapsed since the person’s release, allowing a chance for professional rehabilitation.
41. Prembeer is drafting his application for admission as an advocate. Under Section 25 of the Advocates Act, 1961, to which authority must his application be made? A) The Bar Council of India B) The High Court C) The State Bar Council D) The Supreme Court
Answer: C
Explanation: Section 25 of the Advocates Act, 1961 directs that an application for admission as an advocate shall be made to the State Bar Council within whose jurisdiction the applicant proposes to practice.
40. Once Rickyy submits his application for admission as an advocate to the State Bar Council, Section 26 of the Advocates Act, 1961 dictates that it must be referred to which of its committees for disposal? A) The Disciplinary Committee B) The Executive Committee C) The Enrolment Committee D) The Legal Aid Committee
Answer: C
Explanation: Section 26 of the Advocates Act, 1961 explicitly states that applications for admission are referred to the Enrolment Committee of the State Bar Council for review and disposal.
39. Advocate Sanjoo wishes to voluntarily have her name removed from the State roll to pursue a different career path. Under Section 26A of the Advocates Act, 1961, can the State Bar Council remove her name without initiating a disciplinary proceeding?
A) No, formal disciplinary proceedings are always required.
B) No, only the Bar Council of India can remove a name.
C) Yes, upon receiving a request from her.
D) Yes, but only if approved by the High Court.
Answer: C
Explanation: Section 26A of the Advocates Act, 1961 allows the State Bar Council to act administratively and remove a name either on its own motion if the advocate is dead, or upon receiving a voluntary request from the advocate.
38. If a State Bar Council refuses Veenayak’s request for enrolment, what is the prerequisite under Section 27 of the Advocates Act, 1961 for another State Bar Council to entertain his application?
A) A mandatory cooling-off period of one year.
B) Previous written consent of the refusing State Bar Council AND the Bar Council of India.
C) An order from the High Court of the respective state.
D) Payment of a penalty fee to the Bar Council of India.
Answer: B
Explanation: To prevent “forum shopping,” Section 27 of the Advocates Act, 1961 explicitly states that no other State Bar Council shall entertain the application except with the previous written consent of both the refusing Council and the Bar Council of India.
37. Utkarshh and Yashh are debating administrative powers. According to Section 28, which body is empowered to make rules regarding the form in which an application for enrolment shall be made and the manner of its disposal?
A) The Parliament of India
B) The Bar Council of India
C) The State Bar Council
D) The Ministry of Law and Justice
Answer: C
Explanation: Section 28 of the Advocates Act, 1961 grants the State Bar Council the power to make rules to carry out the purposes of Chapter III, which covers the specific forms and disposal procedures of state-level applications.
36. Niharica, a national of a foreign country, wishes to be admitted as an advocate in India. Under the proviso to Section 24(1)(a) of the Advocates Act, 1961, under what condition is this allowed?
A) If they have permanently resided in India for at least five years.
B) If they are married to an Indian citizen.
C) If Indian citizens, duly qualified, are permitted to practice law in that foreign country.
D) If they obtain special permission from the Supreme Court.
Answer: C
Explanation: The proviso to Section 24(1)(a) of the Advocates Act, 1961 is based entirely on the principle of international reciprocity; foreign nationals can enroll if their home country extends the same privilege to Indian citizens.
35. Shalinee and Nidhii are reviewing the right of pre-audience under Section 23 of the Advocates Act, 1961. Who has the right of pre-audience immediately following the Attorney-General of India?
A) The Additional Solicitor-General of India
B) The Solicitor-General of India
C) The Advocate-General of any State
D) Senior Advocates
Answer: B
Explanation: Section 23 of the Advocates Act, 1961 establishes the statutory hierarchy of pre-audience: the Attorney-General ranks first, followed immediately by the Solicitor-General of India.
Q.34: Sushruti, an advocate appearing for the prosecution in a criminal trial, discovers a material piece of evidence that clearly establishes the innocence of the accused. However, she decides to suppress this evidence to ensure a conviction.
With reference to BCI Rules, which of the following statements is correct?
A) Sushruti is justified as her primary duty is to secure a conviction for the State.
B) Sushruti has violated BCI PART VI- Rule 16, as an advocate for the prosecution must not suppress material capable of establishing the innocence of the accused.
C) Sushruti is only bound to disclose evidence that helps her own case, not the defence.
D) Sushruti has violated Rule 20, which prohibits suppressing financial records.
Key: (B)
Explanation: Rule 16 states that an advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishing the innocence of the accused shall be scrupulously avoided.
Q.33: Consider the following statements regarding Advocate Parsenjeet’s conduct:
Statement (I): Parsenjeet acted on the instructions of his client’s brother, who was not the authorized agent, to settle a compromise in a suit.
Statement (II): An advocate is bound to act on the instructions of any person who is related to the client.
A) Both Statement I and Statement II are correct.
B) Both Statement I and Statement II are incorrect.
C) Statement I is correct, but Statement II is incorrect.
D) Statement I is incorrect, but Statement II is correct.
Key: (B)
Explanation: Both are incorrect. According to BCI PART VI- Rule 19, an advocate shall not act on the instructions of any person other than his client or his authorised agent. Being a relative does not automatically make one an authorized agent.
Q32: Rincu, an advocate, enters into an agreement with his client where he stipulates that his fee will be 20% of the property value if and only if the litigation ends in success.
Which specific BCI PART VI- rule prohibits this conduct?
A) Rule 18
B) Rule 20
C) Rule 21
D) Rule 24
Key: (B)
Explanation: BCI PART VI -Rule 20 states that an advocate should not charge for his services depending on the success of the matter undertaken (contingency fee), nor charge a percentage of the amount or property received after success.
Q31: Kannika, an advocate, wishes to purchase an actionable claim appearing in a case where she is not the counsel. Under BCI PART VI- Rule 21, can she do so?
A) Yes, because she is not the counsel in that specific case.
B) No, an advocate shall not buy or traffic in or stipulate for any share or interest in any actionable claim.
C) Yes, provided she takes permission from the Bar Council.
D) No, unless the actionable claim is related to government securities.
Key: (B)
Explanation: Rule 21 prohibits an advocate from buying or trafficking in or stipulating for any share or interest in any actionable claim. It does not distinguish whether they are the counsel in that specific matter or not (unlike Rule 22 which is specific to execution sales in cases they are engaged in).
Q.30: Princee acts as an advocate in a property dispute suit. The court orders the sale of the property in execution of the decree. Princee wants to bid for this property in her own name.
Is Princee allowed to do so?
A) Yes, if she obtains the court’s permission.
B) Yes, if the client gives written consent.
C) No, Rule 22 specifically prohibits an advocate from bidding for property sold in execution of a decree in a suit where she was professionally engaged.
D) No, unless she resigns from the case 24 hours prior.
Key: (C)
Explanation: BCI PART VI- Rule 22 states an advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged.
Q29: (Assertion-Reason)
Assertion (A): Advocate Zafar cannot adjust the fees payable to him by his client against his own personal liability to the client.
Reason (R): This prohibition applies even if the liability arises in the course of his employment as an advocate.
A) Both A and R are true and R is the correct explanation of A.
B) Both A and R are true but R is NOT the correct explanation of A.
C) A is true but R is false.
D) A is false but R is true.
Key: (C)
Explanation: BCI PART VI- Rule 23 states an advocate shall not adjust fees payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an advocate. If the liability arose in the course of employment, the rule might not bar adjustment. Thus, the Reason is false because the rule specifies the liability must be one that does not arise in the course of employment.
Q.28: Regarding BCI PART VI- Rule 24, consider the case of Advocate Satis:
Satis must not abuse the confidence reposed in him by his client.
Satis can take advantage of the client’s confidence if it benefits the public interest.
Which of the statements given above is/are correct?
A) 1 only
B) 2 only
C) Both 1 and 2
D) Neither 1 nor 2
Key: (A)
Explanation: Rule 24 is absolute: An advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client. There is no “public interest” exception written into this specific rule for abusing confidence.
Q27: Hritika, an advocate, is maintaining accounts for her client’s money. Which of the following details must be shown in the accounts according to Rule 25?
Amounts received from the client or on his behalf.
The expenses incurred for the client.
The debits made on account of fees with respective dates.
The personal household expenses of the advocate.
Select the correct answer using the code given below:
A) 1 and 2 only
B) 1, 2 and 3
C) 2, 3 and 4
D) 1 and 3 only
Key: (B)
Explanation: BCI PART VI- Rule 25 requires the advocate to keep accounts showing: amounts received, expenses incurred, and debits made on account of fees with respective dates and all other necessary particulars. Personal expenses of the advocate (4) are not part of client accounting.
Q.26: Advocate Abiseka receives ₹50,000 from a client for court expenses. He wants to divert ₹20,000 of this amount towards his own unpaid fee.
Under BCI PART VI- Rule 26, what is the mandatory condition for Abiseka to do this?
A) He must verbally inform the client.
B) He must obtain the consent in writing of the client concerned.
C) He can do it unilaterally if the fee is overdue by 3 months.
D) He cannot do it under any circumstance.
Key: (B)
Explanation: BCI PART VI- Rule 26 states that where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses and during the course of the proceeding, no advocate shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.
Q.25: Advocate Niteesh Thakor receives a settlement amount on behalf of his client from the opponent. Under BCI PART VI- Rule 27, what is his immediate duty?
A) Invest the money in a high-yield fixed deposit.
B) Intimate the client as early as possible.
C) Wait for the client to ask for the money.
D) Deduct his fee and remain silent.
Key: (B)
Explanation: BCI PART VI- Rule 27 states that where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.
Q.24: Advocate Yojita’s proceedings for a client have terminated, but the fee was left unsettled. According to BCI PART VI- Rule 28, Yojita is entitled to:
A) Deduct the fee payable under the rules of the Court from the client’s money remaining in her hands and refund the balance.
B) Keep the entire amount until the client agrees to a bonus.
C) Forfeit the entire amount.
D) Cannot deduct any amount without a fresh written agreement.
Key: (A)
Explanation: BCI PART VI- Rule 28 allows an advocate, after the termination of proceedings, to deduct the fee payable under the rules of the Court (if unsettled) from the client’s money in hand and refund the balance.
Q23: Advocate Abhinit’s client demands a copy of his account regarding the money entrusted to Abhinit during the case.
According to Rule 30, which of the following is correct?
A) Abhinit can refuse as accounts are privileged.
B) Abhinit must provide a copy, subject to the payment of necessary copying charges.
C) Abhinit must provide a copy strictly for free.
D) Abhinit need only show the account but not provide a copy.
Key: (B)
Explanation: BCI PART VI- Rule 30 states that a copy of the client’s account shall be furnished to him on demand provided the necessary copying charge is paid.
Q22. Which of the following acts are prohibited for Advocate Krappo Yomgamm under BCI PART VI-Rule 31 and Rule 32?
Entering into arrangements whereby funds in his hands are converted into loans.
Lending money to his client for the purpose of any legal proceeding in which he is engaged.
Making a payment to the Court on account of the client for the progress of the suit (without arrangement).
Select the correct option:
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3
Key: (A)
Explanation: BCI PART VI- Rule 31 prohibits converting funds into loans. Rule 32 prohibits lending money to the client for the legal proceeding. However, Rule 32 has a proviso: An advocate cannot be held guilty if he feels compelled by the rule of the Court to make a payment to the Court on account of the client for the progress of the suit. Thus, statement 3 is allowed, making 1 and 2 the prohibited acts.
Q.21: Consider the following statements regarding BCI Rules on Professional Standards:
(a) Rules regarding professional standards and etiquette of advocates are contained in Chapter II, Part VI of the BCI Rules.
(b) These rules are framed under Section 49(1)(c) of the Advocates Act, 1961.
(c) These rules apply to all employees of the Bar Council of India.
How many of the statements written above are correct?
Options:
- only one
- only two
- all three
- none of the above
Key and explanation: Option 2 (only two) is correct.
(a) Correct → Professional standards & etiquette are in Part VI, Chapter II of BCI Rules.
(b) Correct → BCI makes these rules under Section 49(1)(c), Advocates Act 1961.
(c) Wrong → Rules apply to advocates, not employees of the Bar Council.
Q.20: Consider the following situations regarding the professional conduct of advocates under the BCI Rules:
(a) Krunal, an advocate, shouts at a judge in open court, accuses the court of fraud and threatens the judge after an adverse order.
(b) Alie Shah, an advocate, privately meets the judge in his chamber to discuss the merits of a pending case without the presence of the opposite party and later claims it was not a private communication.
(c) Veenayak, an advocate, appears before the High Court without wearing a band and gown and argues that the dress code for lawyers violates his freedom of expression under Article 19 of the Constitution.
(d) Niharita, an advocate, respectfully requests an adjournment due to genuine difficulty and maintains courtesy towards the court and the opposite counsel even when the opposite counsel uses rude language.
Which of the above amount(s) to professional misconduct?
options:
1. only (a), (b), & (c)
2. only (a) & (b)
3. only (d)
4. all the above statements
Key and explanation: option (1) is correct.
BCI Rules — (Part VI, Chapter II: Standards of Professional Conduct & Etiquette)
(a) Krunal — shouting, accusing fraud, threatening judge
Rule No.: Rule 1 – The advocate shall maintain dignity and respect towards the court.
Rule No.: Rule 2 – Shall not influence or intimidate the court and must not use scandalous language.
➡ Professional Misconduct ✔
(b) Alie Shah — private meeting with judge in pending case
Rule No.: Rule 3 – The advocate shall not communicate in private with a judge relating to a pending case (no ex-parte communication).
➡ Professional Misconduct ✔
(c) Veenayak — refusal to wear band & gown
Rule No.: Rule 5 – Advocate shall appear in court only in the prescribed dress (advocate’s uniform).While in
➡ Professional Misconduct ✔
(d) Niharita — polite behaviour and genuine adjournment request
Rule No.: Rule 36 (read with general duty of fairness and courtesy to colleagues and court) – Advocate must maintain courtesy and fairness.
➡ Not misconduct ✘
Q.19. With reference to the judicial pronouncements related to the conduct of advocates, consider the following pairs:
Case Principle : Ruling
- In Re: Vinay Chandra Mishra (1995): Shouting at a judge or threatening them amounts to misconduct.
- Prayag Das v. Civil Judge (1973): Prescribing a dress code for lawyers violates Article 19 (Freedom of Expression).
- R.K. Anand v. Registrar, Delhi HC (2009): Attempting to influence a witness or court process is a violation of the rule against private influence.
Which of the pairs given above is/are correctly matched?
Options:
- only (1) & (2) only
- Only (1) & (3) only
- Only (2) & (3) only
- None
Key and explanation: option (2) is correct.
- In Re: Vinay Chandra Mishra (1995) ✔
Threatening / shouting at judge = professional misconduct + criminal contempt
Correct BCI Rules (Part VI, Ch. II, Sec. I — Duty to Court):
Rule 1: Act in a dignified manner before the court
Rule 2: Maintain respectful attitude toward the court
(Also: Sec. 35 Advocates Act, 1961; Sec. 2(c) Contempt of Courts Act, 1971) - Prayag Das v. Civil Judge (1973) ✘
Dress code valid; NOT violation of Art. 19.
BCI Rule (Dress):
Part VI, Chapter IV — Rule 1: Dress & appearance of advocates (black coat, band, gown where prescribed)
(Framed under Sec. 49 Advocates Act) - R.K. Anand v. Registrar, Delhi High Court (2009) ✔
Influencing witness/trial = misconduct & contempt
BCI Rules (Duty to Court):
Rule 3: Shall not influence decision by illegal or improper means
Rule 4: Shall not communicate privately with a judge regarding a pending case
Rule 15: Shall not appear in matters involving conflict or misuse of process (read with fairness to witnesses/justice)
Also Sec. 2(c)(ii) Contempt of Courts Act — interference with judicial proceeding
Q.18: With reference to Rule 4 of the Bar Council of India Rules, consider the following statement:
“An advocate is responsible only for their own actions and cannot be held accountable if their client independently resorts to sharp or unfair practices.”
Is this statement correct?
(a) Yes, because the client is the master of the suit and acts independently.
(b) Yes, because an advocate’s duty is limited to legal representation, not moral policing.
(c) No, because the advocate has a positive duty to use their best efforts to restrain and prevent the client from unfair practices.
(d) No, because the advocate is legally liable for all criminal acts committed by their client.
Key and Explanation: Answer: (c)
BCI RULES: Part VI (Rule 4) explicitly places a duty on the advocate to “use his best efforts to restrain and prevent his client” from doing anything the advocate themselves ought not to do (like unfair practices). An advocate cannot simply say, “My client did it, not me.”
Q.17: The Bar Council of India Rules explicitly link the “Respectful Attitude” of an advocate to a broader societal necessity. According to the text of the rule, the dignity of the judicial office is essential for which of the following?
- (a) The efficient disposal of cases and reduction of pendency.
- (b) The survival of a free community.
- (c) The protection of the client’s fundamental rights against the State.
- (d) The upholding of the Constitution’s basic structure doctrine.
Key and Explanation: Answer: (b)
Reasoning: This is a direct recall question based on the text of BCI Rules – Part VI, Rule 2, which states, “An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.”
Q.16: Consider the following statements regarding the Bar Council of India (BCI) under the Advocates Act, 1961:
(a) The Bar Council of India is constituted under Section 4 of the Act.
(b) The Attorney-General for India and the Additional Solicitor-General of India are ex-officio members of the BCI.
(c) The Chairman and Vice-Chairman of the BCI are elected for a fixed term of one year.
(d) The Bar Council of India is a body corporate having perpetual succession and a common seal.
Which of the statements given above are correct?
Options:
1. (a) and (d) only
2. (a), (b) and (d) only
3. (b), (c) and (d) only
4. None
Key and Explanation: Correct Answer: Option 1 — (a) and (d) only
Under the Advocates Act, 1961:
(a) ✔ Correct — Section 4: Constitution of Bar Council of India.
(b) ✘ Incorrect — Section 4(1)(a): Ex-officio members are the Attorney-General of India and Solicitor-General of India only (not the Additional SG).
(c) ✘ Incorrect — Section 4(2): Chairman & Vice-Chairman are elected, but no fixed 1-year term is provided in the Act.
(d) ✔ Correct — Section 5: BCI is a body corporate with perpetual succession and a common seal.
Q.15: Consider the following statements regarding State Bar Councils under the Advocates Act, 1961:
1. State Bar Councils are constituted under Section 3 of the Act.
2. The Advocate-General of the State is an ex-officio member of the State Bar Council.
3. Where the electorate exceeds 10,000 advocates, a maximum of 20 members are elected to the State Bar Council.
4. Elections to State Bar Councils are conducted by the system of proportional representation by means of the single transferable vote.
Which of the statements given above are correct?
Options:
1. (a) and (d) only
2. (a), (b) and (d) only
3. (b), (c) and (d) only
4. None
Key and Explanation: Answer: Option 2. (a), (b) and (d) only
Statement (a) — Correct
Section 3 → Constitution of State Bar Councils.
Statement (b) — Correct
Advocate-General = ex-officio member.
Statement (c) — Incorrect
Law does not say “maximum 20 members”.
Actual rule (Sec. 3(2)):
Up to 5,000 advocates → 15 members
5,000–10,000 → 20 members
Above 10,000 → 25 members
Statement (d) — Correct
Election method = Proportional Representation by Single Transferable Vote (PRSTV)
(NOT first-past-the-post).
Q.14. Harish Vardhan is a practicing lawyer. His father-in-law has just been appointed as a District Judge in the same court complex where Harish practices.
According to BCI Rules -Part VI (Rules of Professional Standards), Chapter II, what is Harish Vardhan restricted from doing?
(A) Harish can appear before his father-in-law provided he discloses the relationship to the opposing counsel.
(B) Harish cannot appear, act, or plead in that specific court where his father-in-law is the presiding officer.
(C) Harish must transfer his practice to a different state entirely.
(D) There is no restriction; the judge is expected to be unbiased.
Key and Explanation:Correct Answer: (B)
The Rule: This situation is governed by Rule 6 of the Bar Council of India (BCI) Rules (Part VI, Chapter II, Section I – Duty to the Court).
The Restriction: An advocate is strictly prohibited from practicing or appearing before any judicial authority if the presiding officer is related to them.
Specified Relationships: The rule explicitly lists “father-in-law” as one of the prohibited relationships (along with father, son, wife, brother, etc.).
Objective: This ensures the impartiality of the judiciary and prevents any conflict of interest or bias in the administration of justice.
Q. 13: A client approaches Maheema, an advocate, to fight a property dispute case. The client cannot pay fees upfront, so Maheema agrees to take the case on the condition that if they win, she will keep 30% of the property’s market value as her fee.
Under BCI Rules Part VI (Rules of Professional Standards), is this arrangement valid for Maheema?
A) Yes, this is a standard “contingency fee” arrangement.
B) Yes, provided the agreement is in writing.
C) No, an advocate should not act in a matter in which she has a pecuniary (financial) interest.
D) No, unless the Bar Council gives special permission.
Key and Explanation: Correct answer (C)
•Rule 20 (BCI Rules, Part VI, Chapter II): Explicitly prohibits an advocate from stipulating a fee that is contingent on the results of the litigation or agreeing to share the proceeds of the case.
•Rule 9 (BCI Rules, Part VI, Chapter II): States that an advocate should not act or plead in any matter in which they have a pecuniary (financial) interest.
•Contingency Fees are Illegal: In India, agreements where a lawyer takes a percentage of the property or winnings (champerty) are strictly void and amount to professional misconduct.
•Conflict of Interest: Taking a share of the property gives the lawyer a personal financial stake in the outcome, compromising their role as an officer of the court.
Property Dispute Fee (Contingency Fee)
Key Case Law: B. Sunitha v. State of Telangana (2018)
The Ruling: The Supreme Court held that an advocate’s fee cannot be based on a percentage of the result of the litigation.
Reasoning: The Court declared that demanding a percentage of the “decretal amount” (compensation or property won) is illegal and amounts to “professional misconduct.”
Q.12: Shivank Teewari, an advocate, is representing a client in a criminal case. The client is granted bail, but the client’s family is out of town and cannot sign the surety bond immediately. The client asks Shivank to sign as the surety to get him released quickly.
As per BCI Part VI (Rules of Professional Standards),Rule 10, can Shivank Teewari do this?
A) Yes, an advocate must do everything possible to help their client.
B) No, an advocate shall not stand as a surety or certify the soundness of a surety for his client.
C) Yes, but only for a temporary period of 24 hours.
D) No, unless the client pays a specific “Surety Fee” to Shivank.
Key and Explanation: Correct Answer: (B)
Related Rule: BCI Rules Part VI, Chapter II, Rule 10 (Duty to the Client).
Prohibition: The rule explicitly states that an advocate cannot become a surety (guarantor) for their own client in legal proceedings.
Reasoning: This rule exists to prevent the lawyer from becoming personally and financially liable for the client’s actions or appearance in court, which would compromise their professional independence.
Q.11: Consider the following statements Regarding BCI RULES (Part VI):
(a) Swarnima applies for enrollment as an advocate. The State Bar Council scrutinizes her qualifications and enters her name in the roll of advocates.
(b) A complaint of professional misconduct is filed against Nidhya Gupta, an advocate. The State Bar Council refers the matter to its Disciplinary Committee for inquiry.
(c) The Bar Council of India decides to directly record evidence and punish Pararthmesh, an advocate, for misconduct without the matter first being dealt with by the State Bar Council.
(d) Goonjan Singh, an engineer, files a criminal cheating complaint against Niraj, an advocate, and requests the Bar Council to conduct the criminal trial.
Which of the above are correct as per the Advocates Act, 1961?
Options:
A.Only (a) & (b)
B..Only (a), (b) & (c)
C.Only (b), (c) & (d)
D.(a), (b), (c) & (d)
Key and Explanation: Correct Answer:
Option 1: (a) & (b)
Brief Explanation of Statements:
(a) Correct: Enrollment is a State Function.
Under Section 24 of the Advocates Act, 1961, the State Bar Council is the authority that scrutinizes applications and enrolls qualified persons as advocates on its roll. The Bar Council of India (BCI) lays down the rules, but the State Council executes the enrollment.
(b) Correct: Disciplinary Power lies with State First.
Under Section 35, when a complaint of professional misconduct is received, the State Bar Council refers the case to its Disciplinary Committee for inquiry. This is the standard procedure.
(c) Incorrect: BCI is primarily an Appellate Authority.
The Bar Council of India (BCI) usually hears appeals against State Bar Council orders (Section 37). While the BCI has original jurisdiction in specific cases (e.g., if a State Council fails to dispose of a case within a year, per Section 36B), it does not generally “directly record evidence and punish” without the matter first being seized by or transferred from the State Council.
(d) Incorrect: Criminal Trials are separate.
A criminal complaint for cheating (Section 420 IPC) is a matter for the Criminal Courts (Magistrate), not the Bar Council. The Bar Council deals with professional misconduct, not criminal trials for cheating.
Important Case Law:
Supreme Court Bar Association v. Union of India (1998): The Supreme Court clarified that the power to punish for professional misconduct rests with the Bar Councils (State and BCI) under the Advocates Act, while the power to punish for Contempt of Court rests with the Judiciary. This distinguishes the roles of the Courts vs. the Bar Councils.
Noratanman Courtois v. M.R. Rajput (2004): The Supreme Court emphasized that the BCI’s disciplinary jurisdiction is largely appellate or acts as a safeguard when State Councils fail to act within the statutory time limit.
Q.10:Assertion (A): The State Bar Council is empowered to admit persons as advocates and maintain the roll of advocates.
Reason (R): Under the Advocates Act, 1961, the function of enrolment of advocates is specifically entrusted to the State Bar Councils.
Options:
A. Both A and R are correct and R is the correct explanation of A
B. Both A and R are correct but R is not the correct explanation of A
C. A is correct but R is incorrect
D. A is incorrect but R is correct
Key and explanation: Correct Option: (A)Both A and R are correct and R is the correct explanation of A.
Explanation:
Assertion (A): True. The State Bar Council admits advocates.
Reason (R): True. The Advocates Act, 1961 specifically assigns the function of enrollment to the State Bar Councils (Section 24), which is the direct legal basis for the Assertion.
Relevant Sections:
Section 6(1)(a): Explicitly states that one of the functions of the State Bar Council is “to admit persons as advocates on its roll.”
Section 24: Details the qualifications for “Persons who may be admitted as advocates on a State roll.”
Important Case Law:
V. Sudeer v. Bar Council of India (1999): The Supreme Court held that the State Bar Council has the primary statutory power to enroll advocates under Section 24, and the BCI cannot impose additional conditions (like pre-enrollment training) that override the Act.
Q.9: Match the following case laws with the correct legal principle relating to the functions and disciplinary control of Bar Councils under the Advocates Act, 1961:
List I (Cases)
(a) Bar Council of Maharashtra v. M.V. Dabholkar
(b) Supreme Court Bar Association v. Union of India
(c) V. Sudeer v. Bar Council of India
List II (Principles)
(i) Disciplinary jurisdiction over advocates primarily lies with Bar Council authorities
(ii) Bar Council of India cannot impose additional enrolment training requirements beyond the Act
(iii) Purpose and scope of disciplinary proceedings and control over professional misconduct of advocates
Options: A. (a)-(iii), (b)-(i), (c)-(ii)
B. (a)-(i), (b)-(iii), (c)-(ii)
C. (a)-(iii), (b)-(ii), (c)-(i)
D. (a)-(ii), (b)-(iii), (c)-(i)
Key and Explanation: The correct answer is Option A: (a)-(iii), (b)-(i), (c)-(ii).
Cases:
(a) M.V. Dabholkar case: Established the Bar Council’s role in handling professional misconduct and maintaining standards.
(b) Supreme Court Bar Association case: Ruled that disciplinary power (like suspending a license) belongs to the Bar Council, not the Court (under contempt).
(c) V. Sudeer case: Ruled that the Bar Council cannot create new training rules for enrolment that aren’t in the Advocates Act.
Q.8: Consider the following statements regarding Bar Council Committees (Sections 9 & 10, Advocates Act, 1961):
(a) Every Bar Council must constitute a Disciplinary Committee
(b) Disciplinary Committee deals with cases of professional misconduct
(c) Members of the Disciplinary Committee are elected by the advocates of the State directly
(d) Bar Council may constitute other committees for its functions
Options:
A. Only (a) & (b)
B. Only (a), (b) & (d)
C. Only (c) & (d)
D. (a), (b), (c) & (d)
Key and Explanation: Correct Option: (B) only(a), (b) & (d)
•Statements (a) & (b) are Correct: Section 9 mandates that every Bar Council must constitute one or more Disciplinary Committees to handle professional misconduct cases.
•Statement (d) is Correct: Section 10 allows Bar Councils to form other necessary committees (like Executive or Enrolment Committees).
•Statement (c) is Incorrect: Members of the Disciplinary Committee are not elected directly by the advocates of the State. They are selected by the Bar Council from its own members (plus one co-opted member).
Q.7: Advocate Rickki is a renowned lawyer practicing in the Delhi High Court. A client approaches him with a brief for a standard civil suit in that court and offers a fee consistent with Rickki’s standing at the Bar. Rickki refuses the brief solely because he personally dislikes the client’s political ideology. Has Rickki violated any rule?
a) No, an advocate has absolute freedom to accept or reject any client.
b) Yes, he violated Rule 11(BCI, PART VI), which binds an advocate to accept a brief in the courts where he practices if the fee is appropriate.
c) No, because the relationship between a lawyer and client is purely personal.
d) Yes, but only if the client is from a vulnerable section of society.
Key and Explanation:Answer:b) Yes, he violated Rule 11(BCI, PART VI).
Rule 11 (often called the “Cab Rank Rule”) states that an advocate is bound to accept any brief in the courts or tribunals where he proposes to practice, provided the fee offered is consistent with his standing at the Bar and the nature of the case. He cannot refuse a brief without a valid or special reason (mere personal dislike is not a valid reason).
Q.6: Advocate Shayani, who has once accepted the brief and then wants to withdraw must:
(a) Have sufficient cause.
(b) Have given sufficient notice.
(c) Have refunded sufficient part of the fees.
(d) All of the above.
Key and Explanation: Answer:(d) All of the above.
According to Rule 12, Chapter II, Part VI of the Bar Council of India Rules, an advocate cannot simply drop a case once accepted. To withdraw properly, they must satisfy three conditions:
1.There must be a valid reason (sufficient cause).
2.They must warn the client in advance (sufficient notice) so the client can find another lawyer.
3.They must return any unearned money (refund sufficient part of the fees).
Q.5: That nature of proceedings in the cases of professional misconduct:
a) Is criminal in nature.
b) Is quasi-criminal in nature.
c) Is civil in nature.
d) Neither civil or criminal.
Key and Explanaton: Answer: b) Is quasi-criminal in nature.
The Supreme Court of India, in the case of An Advocate v. Bar Council of India (1989), held that proceedings for professional misconduct are quasi-criminal. This means the standard of proof required is high (beyond reasonable doubt) because the advocate’s professional reputation and right to practice are at stake.
Q.4: Advocate Karppo is asked to file a lawsuit against Ms. Ananyya. Karppo happens to be a close business partner of Ms. Ananyya in a separate real estate venture. Karppo takes the case without telling his client about this relationship. Which BCI (PART VI) rule has Karppo violated?
a) Rule 11 (Duty to accept brief).
b) Rule 15 (Duty to uphold client interests).
c) Rule 14 (Duty to make full and frank disclosure).
d) Rule 12 (Duty regarding withdrawal).
Key and explanation: Answer: c) Rule 14 (Duty to make full and frank disclosure).
BCI Part VI Rule 14 mandates that an advocate must, at the commencement of his engagement, make a full and frank disclosure to the client of any connection he has with the parties (here, Ms.Ananyya) or any interest he has in the controversy. Failing to disclose this conflict of interest is a violation of the rule.
Q.3: Advocate Anisha Lakara accepted a brief for a criminal trial. Two days before the final arguments, she decides to withdraw from the case to attend a family function, giving her client no prior warning or time to arrange another lawyer. Which condition of BCI (PART VI) Rule 12 has she clearly violated?
a) Failure to refund the fee only.
b) Failure to give reasonable and sufficient notice.
c) Failure to obtain the Bar Council’s permission.
d) She has not violated any rule as advocates can withdraw at any time.
Key and Explanation: Answer:b) Failure to give reasonable and sufficient notice.
BCI PART VI ,Rule 12 states that an advocate cannot ordinarily withdraw from a case once accepted. If they must withdraw, they need sufficient cause AND must give reasonable and sufficient notice to the client so the client can find alternative representation. abandoning the client at a critical stage without notice is professional misconduct.
Q.2: Consider the following statements regarding the functioning of Bar Councils under Sections 12, 13, and 14 of the Advocates Act, 1961:
1. An act done by the Bar Council is deemed invalid if there was a vacancy in the Council at the time the act was performed.
2. No election of a member to a Bar Council can be called in question merely on the ground that due notice was not given to a voter, provided the notice was published in the Official Gazette at least 30 days before the election.
3. The accounts of the Bar Council must be audited by auditors appointed specifically by the State Government.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2, and 3
Key and Explanation: Answer: (b) 2 only
Statement 1 is Incorrect: Section 13 states that no act or proceeding of a Bar Council or any committee shall be called in question merely on the ground of the existence of any vacancy in the Council or committee.
Statement 2 is Correct: Section 14 provides protection to elections. It states that an election cannot be questioned merely for lack of notice to a specific person if the notice was published in the Official Gazette not less than 30 days before the date of election.
Statement 3 is Incorrect: Under Section 12, the accounts are to be audited by auditors appointed by the Bar Council itself (in accordance with rules made under Section 15(2)(m)), not by the State Government.
Q.1: With reference to Section 15 of the Advocates Act, 1961 (Power to make rules), consider the following statements:
A State Bar Council has the absolute power to make rules regarding the election of its members without any external approval.
The rules framed by a State Bar Council under Section 15 can prescribe the conditions of service for the Secretary and Accountant of the Council.
In the case of V. Sudeer v. Bar Council of India (1999), the Supreme Court held that the rule-making power of State Bar Councils under Section 15 includes the power to prescribe pre-enrollment training for advocates.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
Key and Explanation:Answer:(b) 2 only
Statement 1 is Incorrect: According to Section 15(3) of the Advocates Act, no rules made by a State Bar Council shall have effect unless they have been approved by the Bar Council of India. They do not have absolute/independent power.
Statement 2 is Correct: Section 15(2)(k) explicitly allows the State Bar Council to make rules regarding the qualifications and conditions of service of the secretary, accountant, and other employees.
Statement 3 is Incorrect: In V. Sudeer v. Bar Council of India (1999), the Supreme Court held that the State Bar Council cannot frame rules for pre-enrollment training under Section 15. The court ruled that defining eligibility and training conditions falls under the exclusive domain of the Bar Council of India (Section 24 and 49), not the State Councils.
