26 9 17 Speech Gnlu - Jmbs

Chief Guest Address by Honble Justice M. B.
Shah (Former Judge, Supreme Court of India)

on
Ethics and Values in the Judicial Profession Best Practices and Challenges
on 26th September, 2017 (Tuesday) at 06.00 PM
at GNLU, Attalika Avenue, Knowledge Corridor, Koba, Dist. Gandhinagar: 382 007.

Professor (Dr.) Bimal N. Patel, Director, GNLU

Mr. Cyril Shroff, Managing Partner,
Cyril Amarchand Mangaldas Shroff & Co.
Ms. Vandana Shroff, Partner,
Cyril Amarchand Mangaldas Shroff & Co.
Mr. Dhaval Dave, Senior Counsel, High Court of Gujarat
Professor Ms. Niyati Pandey
Professor Parameswaran
and the learned students of GNLU
1. At the outset, it is to be stated that hard work and

sincere efforts of Dr. Bimal N. Patel require all
appreciations. He is taking keen interest in seeing that
legal knowledge including professional ethics is
imparted to the students by various methods. For him,
legal knowledge is not only of statutory law but includes
national and international treaties as well as
maintenance of professional ethics.
2. With regard to legal profession, it is said that it is a

noble profession for rendering service to the society and
needy. As such, the foundation of legal profession is
service and sacrifice to the society. It was Mahatma
Gandhiji who said that, What is education without
character and what is character without elementary
personal peity? Purity of character depends on purity of
heart. Character cannot be built by mortar and stone. It
cannot be built by other hands than your own. Character
building comes from your very basis and really speaking,
it must come from within yourself.
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Chief Guest Address by Honble Justice M. B. Shah (Former Judge, Supreme Court of India)
on

3. The future of any country and its growth and

developmentsocial, economic and political depend on
the young men and women, as they are full of idealism
and enthusiasm. If their energy can be channelized in the
right direction, they can be real assets to the nation. If
they decide to devote their services to the society by
maintaining ethics, the problems of corruption, mal
practices, indiscipline in social life, etc. which are faced by
the country today could easily be controlled.
Law is a learned profession not merely in the sense

that learning is displayed in the practice of it but that it
calls for the high and noble conduct which is a corollary
and consequence of all true learning. Legal profession is
expected to protect the constitutional and legal rights of
the society and also to protect their clients in a justified
manner. It is one of their duties to see that citizens and
administrators discharge their duties in accordance with
Constitution and the statutory provisions. It is expected
that to a large extent, they are guardians of law. This can
be visualized by remembering the legal experts who had
taken part in freedom movement and effective role
subsequently played by them in framing of the
Constitution of India. To name few, we have been blessed
with the likes of Gandhiji, Ambedkarji, Palkivalaji who
besides being great Advocates and contributors to the
field of law have lived their lives with the highest sense of
justice, ethics and the moral obligation to give back to
society and are the very embodiment of how a lawyer
should be.
4. However, before stating with regard to the professional

ethics or philosophy, one author in a lighter way stated
that when the mind is burdened with problem and the
spirit is restless with worries that hunt you specially when
you go to bed, all that you would have to do is to reach
out for a book on philosophy and ethics and when you go
to second page of the book, you are fast at sleep.
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Therefore, I hope not to bother you much on

philosophy or ethics before you feel tired. However, it is
understood and accepted that legal profession has its
roots and is based on equity and ethics. Hence,
background of ethics and equity is required to be
understood all throughout in a legal profession.
5. Neither equity nor ethics can be codified because the

same varies from time to time. However, it is necessary
to reiterate the summary of rules on Professional
Standards as prescribed by Bar Council of India such
as:
(i) Act in a dignified manner:
During the presentation of his case and also while

acting before a Court, an Advocate should act in a
dignified manner. He should at all times conduct
himself with selfrespect. However, whenever there
is proper ground for serious complaint against a
judicial officer, the Advocate has a right and duty
to submit his grievance to proper authorities.
I would like to add that browbeating and raising

the voice at the time of arguments before the
Court is neither permissible nor desirable.
(ii) Respect the Court:
An Advocate should always show respect towards

the Court. An Advocate has to bear in mind that
the dignity and respect maintained towards judicial
office is essential for the survival of a free
community.
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(iii) Not to communicate in private:
An Advocate should not communicate in private to a

judge with regard to any matter pending before the
judge or any other judge. An Advocate should not
influence the decision of a Court in any matter using
illegal or improper means such as coercion, bribe, etc.
(iv) Refuse to act in an illegal manner towards the

opposition:
An Advocate should refuse to act in an illegal or

improper manner towards the opposing counsel or the
opposing parties. He shall also use his best efforts to
restrain and prevent his client from acting in any illegal,
improper manner or use unfair practices in any matter
towards the judiciary, opposing counsel or the opposing
parties.
(v) Refuse to represent clients who insist on unfair

means:
An Advocate shall refuse to represent any client who

insists on using unfair or improper means. An Advocate
shall exercise his own judgment in such matters. He
shall not blindly follow the instructions of the client. He
shall be dignified in use of his language in
correspondence and during arguments in Court. He
shall not scandalously damage the reputation of the
parties on false grounds during pleadings. He shall not
use unparliamentary language during arguments in the
Court.
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(vi) Appear in proper dress code:
An Advocate should appear in Court at all times only in

the dress prescribed under the Bar Council of India
Rules and his appearance should always be
presentable.
(vii) Refuse to appear in front of relations:
An Advocate should not enter appearance, act, plead

or practice in any way before a judicial authority if the
sole or any member of the bench is related to the
Advocate as father, grandfather, son, grandson, uncle,
brother, nephew, first cousin, husband, wife, mother,
daughter, sister, aunt, niece, fatherinlaw, motherin
law, soninlaw, brotherinlaw daughterinlaw or
sisterinlaw.
(viii) Not to wear bands or gowns in public places:
An Advocate should not wear bands or gowns in public

places other than in Courts, except on such ceremonial
occasions and at such places as the Bar Council of
India or as the Court may prescribe.
(ix) Not to represent establishments of which he is a

member:
An Advocate should not appear in or before any judicial

authority, for or against any establishment if he is a
member of the management of the establishment. This
rule does not apply to a member appearing as amicus
curiae or without a fee on behalf of the Bar Council,
Incorporated Law Society or a Bar Association.
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(x) Not to appear in matters of pecuniary interest:
An Advocate should not act or plead in any matter in

which he has financial interests. For instance, he
should not act in a bankruptcy petition when he is also
a creditor of the bankrupt. He should also not accept a
brief from a company of which he is a Director.
(xi) Not to stand as surety for client:
An Advocate should not stand as a surety, or certify the

soundness of a surety that his client requires for the
purpose of any legal proceedings.
(xii) Bound to accept briefs:
An Advocate is bound to accept any brief in the Courts

or tribunals or before any other authority in or before
which he proposes to practice. He should levy fees
which are at par with the fees collected by fellow
Advocates of his standing at the Bar and the nature of
the case. Special circumstances may justify his refusal
to accept a particular brief.
In our own country, Article 22(1) of the

Constitution provides that, No person who is arrested
shall be detained in custody without being informed, as
soon as may be, of the grounds for which arrest nor shall
he be denied the right to consult, and to be defended by,
a legal practitioner of his choice.
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It appears that aforesaid practice is followed since

centuries. It is said that Democracy and the rule of law
can be maintained only by providing access to justice
through legal profession and no person shall be denied
of the right to be defended by a lawyer. In a historic
reference to Ramayana, we have the instance of King
Ravana sentencing Hanuman to death for his refusal to
leave the Lankan territory. Ravanas brother made
appearance for Hanuman and questioned the validity of
the sentence as opposed to Dharma Sastras and got the
sentence revoked.
The Honble Supreme Court has set aside number

of resolutions passed by the State Bar Association that
if a person is involved in a heinous crime, no advocate
shall appear for him.
: Standard of fees :
6. At present, one of the grievance of the litigant is

exorbitant expenses and time spent in litigation
which includes professional fees. It is said that
ethics and economics should go together. If they do
not, i.e. if economics is opposed to ethics, economics
has to be rejected and not ethics. This does not mean
that one should give up any goal of economic
betterment altogether, but only that this goal has to be
pursued in a morally justifiable way.
7. Todays worldly life is full of temptations for greed which

is required to be controlled. For this, person practicing
profession has to follow the path of moral and spiritual
purity.
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On many occasions, there is over attachment to

monetary pleasure including amassing of wealth by
hook or crook and in a legal profession, this desire is
required to be controlled because a person approaching
lawyer is under distress. Person in distress can easily be
exploited. However, professional ethics mainly
depend upon the social environment. Lawyers /
Advocates are part and parcel of the society where they
practice the law. It is known that previously, service was
the criteria for practice and not money. However,
atmosphere at present is totally changed, that is to say,
money is the criteria and service is subsidiary. Further,
in the past, learned persons were respected but today,
persons having large wealth are respected. It is in our
hand how to restore that prestige.
At present, to some extent, professional ethics are

not observed. In cases where fees are fixed for each
appearance, even though the matter is not called out or
touched, fees are charged by the Advocates. It is for you
to decide your moral standard so that there is no
grievance of exploitation against you. For this, it is to
be remembered that justice is a crucial and major
aspect of ethics, though it does not constitute the
whole of ethics. In legal profession, there are other
values too like compassion, courtesy, generosity,
tolerance, forgiveness, fortitude and equanimity. These
qualities are always required to be kept in mind in
discharge of your function.
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Justice has received more attention of moral

philosopher, because of its tremendous social
significance. Individual virtues such as, compassion,
generosity and tolerance should never be forgotten
because when a person in duress, difficulty or an
economically weak person approaches for legal
assistance, that weakness should not be exploited. This
would be a service to the society and that is the function
of legal profession.
8. By its very nature, ethics are intended to cover all

activities of life. That is how the spokesmen of
ethics from ancient sages to modern exemplars like
Mahatma Gandhiji envisaged the role of ethics. In
fact, it is possible to have ethics without religion
but religion without ethics is not worth its name.
One can be very ethical without being religious

but cannot be religious without being ethical. In
spite of this, a combination of ethics with religion can be
useful. Religion lends a fervour, a resoluteness of
purpose and a sense of compulsion which makes
following ethics easier for common people. Gandhiji saw
no conflict between the two, as his religion was pure
and genuine, shorn of narrowness and truth was his
God. When religion is taken in its essence and is
deeply spiritual, difference between religion and
ethics is significantly reduced because spirituality
without ethics is just not possible.
So called religious persons having no ethical

value are required to be ignored and exposed by the
society. Unfortunately, number of persons under
duress of one or other kind in life becomes their
victims. At least, it is the duty of lawyers to expose
them fully.
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9. At this stage, it would be worthwhile to reproduce the

words of Amartya Sen which reads:
To get an overall assessment of the ethical

standing of an activity, it is necessary not only to look
at its own intrinsic value (if any), but also at its
instrumental role and its consequences on other things.
To ignore consequences is to leave an ethical
story half told.
In my view, in a legal profession, consequences

are required to be kept in mind so that role played
by the advocate does not adversely affect the fiber
and moral of the society nor undue advantage of the
weakness of other side is exploited.
10. Best practices in the profession:
With regard to charging of professional fees, in my

view, it is the duty to remember and act as per the
advice and words of Mahattma Gandhiji which are:
(i) Economics which departs from or is opposed

to ethics is no good and should be renounced.
(ii) Whatever we take, we are snatching from the

mouth of others. Therefore, whenever we acquire
anything, let us see that it is really needed and that
ours wants are as few as possible.
(iii) We win justice quickest by rendering justice to the

other party.
If the aforesaid principles are kept in mind, lot

of criticism against legal profession would not
survive and the disputes would be settled amicably.
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: Challenges before the profession

and
environmental problems:
11. At present, mindset of the people at large is, how to

avoid following the rules and regulations. Since ancient
time, in practice, we believed in maintaining environmental
balance.
Our Constitution recognizes this philosophy and

Article 48A provides that, State shall endeavor to promote
and improve the environment and to safeguard forests and
wildlife of the country.
In addition, Article 51A(g) provides, to protect and

improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living
creatures.
May be, philosophy behind above Articles is every

creature has reasons to exist on earth.
As against this, today, we are aware of environmental

problems and, therefore, law / rules with regard to
environment are required to be properly understood and try
to see that they are implemented.
Under the Central Motor Vehicles Rules, 1989, there is

a specific provision for controlling pollution by motor
vehicles. However, pollution by emission of carbon dioxide
and monoxide by the vehicles remains unnoticed /
uncontrolled/unpunished. Nobody thinks about controlling
air pollution by motor vehicles. The guideline prescribed
under the Rules is not at all implemented which can be
noticed.
One of my colleagues recently went at the centre for

getting Pollution Under Control certificate. The concerned
person took the photograph of the vehicle and granted
certificate without any test. This is the way in which we
implement the rules.
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For example, for some period, use of motor vehicles was

alternatively prohibited in the city of Delhi. Uncontrolled
pollution in city of Ahmedabad is no exception. Similarly, by
chance, if you are passing from Vapi side, you would realize
to what extent, uncontrolled pollution of air is in existence.
The country at present is facing change in atmosphere

because of nonobservation of environmental rules and
regulations. While dealing with the extraction of iron ore
from forest areas, in States of Goa, Odisha and Jharkhand, it
was found that because of large scale extraction of iron ore
legally or illegally or without permission, river waters were
polluted. Soil was having red colour. In atmosphere, there
was dust of iron ore.
Not only this, there is some presumption with many

wrong doers that doing something which is illegal or wrong
can be justified and protected. When we visited some iron ore
mines of States of Goa and Odisha, there was resistance by
lease holders of mines through their labourers by stating
that they may be permitted to carry out the said activity,
even though it is illegal. This reveals the mindset of some
influential persons for amassing of wealth by unjustified
illegal means. It is a duty of the society particularly that of
the advocates having ethics to expose such kind of activity
by not protecting such persons.
In the States of Odisha and Jharkhand, in the midst of

area, which was habitat of elephants, such activities were
carried out without hindrance. Result is elephants started
encroaching residential areas and destroying crops and
residences.
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Further, those who are staying in Gujarat, are

aware about the fact that habitat of lions is also
encroached. The result is the lions enter into the
villages, roam freely and on occasions, feed them by
killing cattle of villagers. Fortunately, for the time being,
they are avoiding humanbeings. Similarly, monkeys
have established their residences in the cities where
trees are available.
Before few months, it was reported that in the

periphery of Ahmedabad, ground level water was
polluted by discharge of untreated chemical effluents
through tubewells. The result is persons carrying
such illegal activity have neither ethics nor respect for
the society.
12. Today, for amassing of wealth, in many cases, mining

operations are carried out in the areas belonging to the
tribal and tribal people are displaced or stay in pathetic
and miserable conditions. When we visited the mining
areas, we saw the roads passing from the villages and
observed that on both sides of road, there was pollution
and trees were having colour of the minerals. In addition,
in the nearby villages where mining operations are
carried out, stream and ground water is also polluted.
There is hardly any facility of fetching drinking water.
We had seen some women fetching water from dirty

nalas; (culverts or streams). Upon making inquiry
with them, it was found that there was no well from
where drinking water can be fetched. The networking of
water channels and small nalas which were originating
from the hill tops and heavily forested slops are now
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completely shattered due to large mining pits, dumps,

roads and other mining activities. It was pointed out
that river water is also polluted and it gets colour of the
minerals due to discharge of effluent water. It is
apparent that for amassing unjustified wealth,
environmental laws are not followed nor implemented
effectively.
My hope is that as an advocate, you would assist in

controlling such illegal, unjustified activities.
Similarly, we found that a few who are interested in

extracting and exporting iron ore legally or illegally
and/or were worried about economic growth and
earning of foreign exchange. They were typically quite
articulate in raising their voice. But, the tribals/
villagers who are hurt, displaced and/or staying in
horrible and miserable conditions in the said area,
drink polluted water, breath polluted air, are not in a
position to raise their voice or their voice remains
unheard / unattended. Again, hope that you would be
their mouthpiece and raise the voice to protect such
persons.
13. In addition, it is a known fact that legal practice

(advocacy) requires continuous hard work and mastery
of facts relevant to the case which is required to be
presented. Success in the matter depends on overall
presentation of facts, relevant for the matter. Not only
this, advocate is expected to be wellverse with the law
which he is required to present before the Court.
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Not only this, he is expected to know procedural

laws, such as, Civil Procedure Code (CPC), Criminal
Procedure Code (Cr.P.C.) and Evidence Act. The law
which prescribes timelimit is required to be adhered to.
Unfortunately, we are trying to forget the said
procedural law. Not following the said timelimit leads
to repeated adjournments at the cost of litigant because
litigant is required to pay Advocates fee and is also
required to spend time & amount for appearing before
the Court. On occasions, it is misconceived that to get
adjournment in a matter is a legal right, forgetting the
fact that adjournment not only causes unusual delay
but also it is at the cost of litigant. CPC and Cr.P.C.
provide day to day trial of the matter.
That was the practice in this country before 20

years. However, for one or other reason, we have
abolished the said practice. It is not known that for whose
convenience, the said practice has been abolished.
Apart from being Judge of High Courts and

Supreme Court, I had an opportunity to serve the
society as a President of National Consumer Disputes
Redressal Commission wherein matters were decided on
the basis of equity and justice. (Insurance Company,
Medical Profession)
14. Further, at present, elementary knowledge with regard

to Protection of Women for Domestic Violence Act, 2005
is the necessity. Such laws would help the advocates in
discharge of their social responsibilities. In addition,
knowledge with regard to the Evidence Act and the
documents which can be admitted & are required to be
proved is also important aspect of legal practice. Some
elementary knowledge with regard to the Medical
Jurisprudence would certainly help the advocates in
number of cases, particularly, criminal cases of violence
and for Consumer Protection Law.
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15. Apart from the aforesaid legal and ethical aspects,

additional values in a judicial profession and best
practices as prescribed by the law, if adhered to, it
may reduce delay in disposal of cases to a large
extent.
In a lighter way, I would state that I read somewhere

that A woman and her little girl went to visit the grave of
the little girls grandfather. On their way back to the car,
through the cemetery, the little girl asked, Mommy, do
they ever bury 2 people in the same grave? Of course not
dear, replied the mother, Why would you think that?
The tombstone back there said, Here lies a lawyer and
an honest man. the little girl exclaimed.
As against this, it is hoped that the law students who

would practice law would maintain both the decorum of
the Courts, honesty and ethics of the legal profession so
that nobody would wonder and say that lawyer and
honest both are going together. That is to say, by
following ethics and legal standards, you would be a
lawyer and honest man in your day to day life.
Particularly as a lawyer, you would try to resolve the
dispute between the parties by amicable settlement
instead of pouring fuel, you would extinguish the fire.
Todays younger generation is the ray of hope for
corruption less and crime less society. In any case,
number of persons in profession desire that by getting
education in such institute, you would serve the
society by accepting judicial post having unblemished
character and enhance the prestige of the profession.
Thank you very much for giving me this

opportunity and by not feeling tired.
***
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Chief Guest Address by Honble Justice M. B.

Shah (Former Judge, Supreme Court of India)

Professor (Dr.) Bimal N. Patel, Director, GNLU

1. At the outset, it is to be stated that hard work and

2. With regard to legal profession, it is said that it is a

3. The future of any country and its growth and

Law is a learned profession not merely in the sense

4. However, before stating with regard to the professional

Therefore, I hope not to bother you much on

5. Neither equity nor ethics can be codified because the

(i) Act in a dignified manner:

During the presentation of his case and also while

I would like to add that browbeating and raising

(ii) Respect the Court:

An Advocate should always show respect towards

(iii) Not to communicate in private:

An Advocate should not communicate in private to a

(iv) Refuse to act in an illegal manner towards the

An Advocate should refuse to act in an illegal or

(v) Refuse to represent clients who insist on unfair

An Advocate shall refuse to represent any client who

(vi) Appear in proper dress code:

An Advocate should appear in Court at all times only in

(vii) Refuse to appear in front of relations:

An Advocate should not enter appearance, act, plead

(viii) Not to wear bands or gowns in public places:

An Advocate should not wear bands or gowns in public

(ix) Not to represent establishments of which he is a

An Advocate should not appear in or before any judicial

(x) Not to appear in matters of pecuniary interest:

An Advocate should not act or plead in any matter in

(xi) Not to stand as surety for client:

An Advocate should not stand as a surety, or certify the

(xii) Bound to accept briefs:

An Advocate is bound to accept any brief in the Courts

In our own country, Article 22(1) of the

It appears that aforesaid practice is followed since

The Honble Supreme Court has set aside number

6. At present, one of the grievance of the litigant is

7. Todays worldly life is full of temptations for greed which

On many occasions, there is over attachment to

At present, to some extent, professional ethics are

Justice has received more attention of moral

8. By its very nature, ethics are intended to cover all

One can be very ethical without being religious

So called religious persons having no ethical

9. At this stage, it would be worthwhile to reproduce the

To get an overall assessment of the ethical

In my view, in a legal profession, consequences

10. Best practices in the profession:

With regard to charging of professional fees, in my

(i) Economics which departs from or is opposed

(ii) Whatever we take, we are snatching from the

(iii) We win justice quickest by rendering justice to the

If the aforesaid principles are kept in mind, lot

: Challenges before the profession

11. At present, mindset of the people at large is, how to

Our Constitution recognizes this philosophy and

In addition, Article 51A(g) provides, to protect and

May be, philosophy behind above Articles is every

As against this, today, we are aware of environmental

Under the Central Motor Vehicles Rules, 1989, there is

One of my colleagues recently went at the centre for