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Professional Ethics and Professional Accounting System
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2013 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Professional Ethics and Professional Accounting System 2013 Jun 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 question paper reproduced here is the paper as set by Karnataka State Law University at the 2013 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2013 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2013 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.
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)Analyse the status of legal profession in India today.[10]
Answer
For full marks, cover: the framework the profession works in today (the Advocates Act 1961, the Bar Councils, the right to practise under section 30 since 15 June 2011); its present strengths, each with its current law (entry through recognised degrees and the Bar Examination, Bar Council of India v. Bonnie Foi Law College; fair entry fees, Gaurav Kumar v. Union of India; the Indian Bar kept for Indian lawyers, Bar Council of India v. A.K. Balaji; legal aid); its present problems, each with the law's response (strikes, District Bar Association Dehradun v. Ishwar Shandilya; advertising and touts, rule 36 and P.N. Vignesh v. Bar Council of India, section 45A; delay and discipline; accountability, Bar of Indian Lawyers v. D.K. Gandhi PS National Institute of Communicable Diseases); a balanced assessment; a conclusion.
The framework
The legal profession in India is governed by the Advocates Act 1961. It created one class of practitioners, advocates, and handed their regulation to elected Bar Councils. There is a State Bar Council in each State, with the Bar Council of India at the top. Since 15 June 2011, when section 30 came into force, every enrolled advocate has a statutory right to practise throughout India.
Strengths
- Regulated entry. Only a law graduate from a University recognised by the Bar Council of India may enrol. In Bar Council of India v. Bonnie Foi Law College, decided on 10 February 2023, a Constitution Bench upheld the All India Bar Examination. A new advocate must pass it before he may practise.
- Fair access. In Gaurav Kumar v. Union of India, 2024 INSC 558, decided on 30 July 2024, the Supreme Court held that State Bar Councils cannot charge more than the enrolment fee fixed by section 24(1)(f). Charging more violated Articles 14 and 19(1)(g), and kept poorer graduates out.
- An Indian Bar. In Bar Council of India v. A.K. Balaji, AIR 2018 SC 1382, the Supreme Court held that foreign law firms and lawyers cannot practise law in India. The Bar Council of India's rules of 2023 were amended in 2025. They let registered foreign lawyers advise only on foreign and international law, on a reciprocal basis.
- Service to the poor. Article 39A and the Legal Services Authorities Act 1987 have built a legal aid system staffed by advocates. Rule 46 calls free legal aid one of the advocate's highest obligations to society.
- Senior designation reformed. After Jitender @ Kalla v. State (Govt.) of NCT of Delhi (2025), the Supreme Court's 2026 guidelines replaced the points system with an overall assessment by the Full Court.
Problems, and the law's response
- Strikes. Lawyers have no right to strike (Ex-Capt. Harish Uppal v. Union of India, AIR 2003 SC 739). Yet in District Bar Association Dehradun v. Ishwar Shandilya, AIR 2020 SC 1412, advocates in three districts of Uttarakhand had boycotted courts every Saturday for over thirty-five years. The Supreme Court upheld the order to stop. By an order of 20 April 2023 it asked High Courts to set up grievance redressal committees.
- Advertising on the internet. Rule 36 forbids soliciting and advertising. In P.N. Vignesh v. Bar Council of India, decided on 3 July 2024, the Madras High Court directed action against advocates advertising through online platforms. In March 2025 the Bar Council of India warned advocates against paid promotion and influencers on social media.
- Touts. Section 45A, in force from 30 September 2024, lets courts frame lists of touts and keep them out of court premises. The Legal Practitioners Act 1879 was repealed in full the same day.
- Slow discipline. Complaints must be decided within one year, failing which they go to the Bar Council of India (section 36B). In N.G. Dastane v. Shrikant S. Shivde, AIR 2001 SC 2028, a State Bar Council dropped a genuine complaint, and the Supreme Court had to correct it.
- Accountability to clients. In Bar of Indian Lawyers v. D.K. Gandhi PS National Institute of Communicable Diseases, 2024 INSC 410, the Supreme Court held that a consumer complaint does not lie against an advocate. It stressed that advocates still face civil and criminal liability and discipline. The client's remedies therefore lie with the Bar Council and the ordinary courts.
- Reform of the Act. A draft Advocates (Amendment) Bill 2025, which would have made strikes misconduct, was withdrawn in February 2025 after protests. No revised Bill has been reported since.
Assessment
| Strengths | Weaknesses |
|---|---|
| a unified, self-governing Bar | strikes and boycotts persist |
| regulated entry and a Bar Examination | slow disciplinary process |
| a national right to practise | advertising and touting in new forms |
| legal aid by advocates | no consumer remedy for clients |
| courts enforcing standards | reform of the Act stalled |
Conclusion. The legal profession in India today is unified, self-governing and protected by law. Its entry is regulated (Bonnie Foi), its fees are capped (Gaurav Kumar) and its practice is reserved to Indian advocates (A.K. Balaji). Its weaknesses are strikes, slow discipline and new forms of advertising and touting. The courts and the Bar Council of India are answering these through Ishwar Shandilya, rule 36 and section 45A. Its standing will depend on how far the Bar disciplines itself.
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