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Professional Ethics and Professional Accounting System
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2012 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2012 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by Karnataka State Law University at the 2012 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2012 Dec examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2012 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2½ hours · Total marks 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all 5 Questions. (2) Marks are indicated against each questions.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)What are the reasons and objects of passing of Advocates Act 1961 ?[10]
Answer
For full marks, cover: the reasons, as the defects of the law before 1961 (many classes of practitioners under different Acts; unequal rights of audience; Bar Councils controlled by the High Courts; no all-India right to practise; no uniform qualification or code of conduct); the reform reports (the All India Bar Committee, 1953; the Law Commission's Fourteenth Report); the objects, starting from the long title ("to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar"), then each object with the sections that carry it out; a table matching each defect to the Act's answer; how far the objects have been achieved (Aeltemesh Rein v. Union of India, Supreme Court Bar Association v. Union of India, Bar Council of India v. Bonnie Foi Law College); a conclusion.
The reasons: the law before 1961
- Many classes of practitioners. Advocates, vakils, pleaders, mukhtars, attorneys and revenue agents were admitted under different laws. These included the Legal Practitioners Act 1879 and the Indian Bar Councils Act 1926.
- Unequal rights of audience. What a practitioner could do depended on his class and on the court that admitted him. A pleader's right of audience was limited by grade and by court.
- No self-government. Enrolment and discipline lay largely with the High Courts. The Bar Councils of the time had little power of their own.
- No national right to practise. A practitioner admitted in one High Court could practise in another only with that court's leave.
- No uniform standards. Qualifications, legal education and rules of conduct differed from place to place.
The reform reports
The All India Bar Committee reported in 1953, and the Law Commission's Fourteenth Report followed. Both recommended one unified Bar for the whole country, governed by bodies elected by the profession. The Advocates Act 1961 was passed to carry out these recommendations.
The objects
The long title states the purpose: "to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar". From this flow the particular objects.
- One law. To consolidate the scattered laws on legal practitioners into one Act. The Legal Practitioners Act 1879 was finally repealed in full on 30 September 2024.
- One class. To create a single class of practitioners, advocates, as the only persons entitled to practise law (section 29).
- Self-government. To set up elected State Bar Councils and a Bar Council of India (sections 3 to 7) with power over enrolment and discipline.
- Uniform entry. To lay down one set of qualifications and disqualifications for enrolment (sections 24 and 24A).
- A national right to practise. To let every advocate practise throughout India (section 30).
- Discipline by the profession. To give disciplinary power to committees of the Bar Councils (section 35). Appeals lie to the Bar Council of India and the Supreme Court (sections 37 and 38).
- Standards. To let the Bar Council of India lay down standards of professional conduct and of legal education (sections 7 and 49).
| Defect before 1961 | The Act's answer |
|---|---|
| many classes, many laws | one class of advocates (section 29) |
| control by the courts | elected Bar Councils (sections 3 to 7) |
| varied qualifications | common conditions (sections 24, 24A) |
| local right of audience | right to practise throughout India (section 30) |
| no common code | standards under sections 7 and 49 |
How far the objects have been achieved
The national right came late. Section 30 was not brought into force for decades. In Aeltemesh Rein v. Union of India, AIR 1988 SC 1768, an advocate sought a direction to bring it into force. The Supreme Court held that no mandamus could compel the Government to fix a date. It directed the Government to consider within a reasonable time whether to do so. Section 30 finally came into force on 15 June 2011.
Discipline belongs to the profession. In Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895, a Constitution Bench held that even the Supreme Court cannot suspend an advocate's licence while punishing contempt. That power belongs to the Bar Councils under the Act. The case confirms the object of self-government.
Standards can be raised. In Bar Council of India v. Bonnie Foi Law College, decided on 10 February 2023, a Constitution Bench upheld the All India Bar Examination as within the Bar Council of India's powers under the Act.
Conclusion. The Advocates Act 1961 was passed because the old law divided practitioners into many classes. It tied them to particular courts and left their regulation to the courts. Its objects, stated in its long title, were to consolidate the law, create Bar Councils and build one All-India Bar. It achieved these through one class of advocates, elected Bar Councils, common entry rules, a national right to practise and discipline by the profession. Aeltemesh Rein, Supreme Court Bar Association and Bonnie Foi show those objects being carried out.
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