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B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2012 Jun Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Professional Ethics and Professional Accounting System

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 7

2012 Jun Examination

munotes.in

Mumbai

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.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.

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 Jun examination.

The Paper as Set

The questions in this volume are the questions asked at the 2012 Jun 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 question.

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.

Read the original question paper

Q1

Unit I

(a)Explain the functions of Bar Council of India.[10]

Answer

For full marks, cover: what the Bar Council of India is (section 4: a body corporate, its ex officio and elected members); its functions under section 7(1), clause by clause, grouped as regulating conduct, discipline, supervising State Bar Councils, legal education and entry, welfare and legal aid, and law reform; its funds (section 7(2)); the rule-making power that gives the functions force (section 49); decided cases with facts and holding showing the functions at work (Bar Council of India v. Bonnie Foi Law College, Gaurav Kumar v. Union of India, Bar Council of Maharashtra v. M.V. Dabholkar); a short note on current work.

What the Bar Council of India is

The Bar Council of India is created by section 4 of the Advocates Act 1961. It is a body corporate, with perpetual succession and a common seal. Its members are the Attorney-General and the Solicitor-General of India, ex officio. Each State Bar Council also elects one member from among its own members. It elects its own Chairman and Vice-Chairman. It is the national, self-governing body of the legal profession.

The functions in section 7(1)

Section 7(1) lists the functions. Clause (a), which once gave it a common roll of advocates, was omitted in 1974.

1. Regulating professional conduct.

To lay down standards of professional conduct and etiquette for advocates (clause (b)). These are Part VI Chapter II of its Rules, rules 1 to 52.
To safeguard the rights, privileges and interests of advocates (clause (d)).

2. Discipline.

To lay down the procedure for its own disciplinary committee and those of the State Bar Councils (clause (c)). This is Part VII of its Rules.
Beyond section 7, it hears appeals from State disciplinary committees (section 37) and decides cases transferred after one year (section 36B). It also acts directly against advocates not on a State roll (section 36).

3. Supervising the State Bar Councils.

To exercise general supervision and control over State Bar Councils (clause (g)).

To deal with any matter referred to it by a State Bar Council (clause (f)). For example, a State enrolment committee must refer a proposed refusal of enrolment to it (section 26(2)).

4. Legal education and entry to the profession.

To promote legal education and lay down its standards, in consultation with Universities and State Bar Councils (clause (h)).
To recognise Universities whose law degrees qualify for enrolment, and to inspect them (clause (i)).
To recognise foreign qualifications in law on a reciprocal basis (clause (ic)).
To hold seminars and talks, and publish legal journals (clause (ia)).

5. Legal aid and welfare.

To organise legal aid to the poor (clause (ib)).
To set up funds for welfare schemes for indigent, disabled or other advocates, for legal aid, and for law libraries (section 7(2)).

6. Law reform and administration.

To promote and support law reform (clause (e)).

To manage and invest its funds (clause (j)) and provide for the election of its members (clause (k)).
To perform all other functions under the Act and do all things necessary for them (clauses (l) and (m)).

How the functions are given force

A function needs a power. Section 49 gives the Bar Council of India power to make rules. Examples are rules on standards of conduct (section 49(1)(c)) and on who may be enrolled (section 49(1)(ag)). Others set the conditions of the right to practise (section 49(1)(ah)). Section 48B lets it give directions to State Bar Councils. Rules on conduct need the approval of the Chief Justice of India (proviso to section 49(1)).

The functions at work: three cases

Entry standards. In Bar Council of India v. Bonnie Foi Law College, decided on 10 February 2023, the question was whether the Council could require new advocates to pass an examination. V. Sudeer v. Bar Council of India (1999) had held such rules beyond its power. A Constitution Bench overruled V. Sudeer on this point. Read with section 7 and section 49(1)(ag), the Council may hold the All India Bar Examination, and may decide whether before or after enrolment. This is the education and entry function at its strongest.

Limits on that power. In Gaurav Kumar v. Union of India, decided on 30 July 2024, State Bar Councils had been collecting large sums under many names as a condition of enrolment. The Supreme Court held that neither the State Bar Councils nor the Bar Council of India may charge more than section 24(1)(f) allows. Only the fee and stamp duty fixed there may be demanded. The supervisory and rule-making functions must work within the Act.

Standards of conduct. In Bar Council of Maharashtra v. M.V. Dabholkar, AIR 1976 SC 242, advocates rushed at litigants at the court gates to snatch briefs and undercut fees. The Bar Council of India's disciplinary committee absolved them by splitting rule 36 into three technical elements. The Supreme Court disapproved. It held that the rule must be read as a broad canon of ethics. The case shows the conduct function, and how the Supreme Court corrects the Council when it reads its own rules too narrowly.

Current work

The Council's functions keep growing. It issued rules for foreign lawyers and law firms in 2023, amended in May 2025, allowing limited practice on a reciprocal basis under clause (ic). In March 2025 it acted under rule 36 against advocates advertising through social media and influencers. It also sought, and in 2023 obtained, a Supreme Court request to every High Court to set up committees for lawyers' grievances, to curb strikes.

Conclusion. The Bar Council of India, created by section 4, is the apex body of the legal profession. Under section 7 it lays down standards of conduct and disciplinary procedure, and supervises the State Bar Councils. It also controls legal education and entry, organises legal aid and welfare, and supports law reform. Section 49 gives these functions the force of rules. Bonnie Foi confirms its power over entry, Gaurav Kumar sets its limits, and M.V. Dabholkar shows the courts holding it to its own standards.

B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2012 Jun Question Paper with Solutions

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