Serious Neglect of Constitutional Duties – Failure of the Bar Council; Allegations of ₹8 Crore Corruption in Unnecessary Book Printing
The Bar Council is alleged to have seriously neglected its fundamental constitutional duty to create awareness and safeguard the rights of advocates. It is further alleged that nearly ₹8 crore was spent on reprinting and distributing books that were already readily available in the market, while no official publications or guidance materials were issued to educate advocates about their fundamental rights or the legal remedies available against misconduct and abuse. This has raised serious questions about the Bar Council’s priorities, accountability, and core mandate.
There is mounting and credible evidence that certain self-proclaimed leaders within the Bar Council have gravely failed to discharge their constitutional and statutory duty to protect the rights and interests of advocates. Instead of acting as guardians of the legal profession, they have allegedly misused their offices for personal and extraneous purposes, engaging in conduct detrimental to advocates and the integrity of the Bar, amounting to abuse of office and corruption.
The Bar Council is not merely a disciplinary authority. Its primary, fundamental, and constitutional mandate is to safeguard the rights, dignity, privileges, and interests of advocates. The Constitution Bench of the Hon’ble Supreme Court, in Bar Council of Maharashtra v. M. V. Dabholkar, (1975) 2 SCC 702, authoritatively declared that: “Bar Councils are to safeguard the rights, privileges and interests of advocates.”
In essence, the Bar Council is constitutionally envisaged as a protective shield for advocates, not a punitive instrument wielded against them.
However, it is a matter of serious concern that the Bar Council has rarely undertaken systematic and effective capacity-building initiatives, such as structured training programmes, authoritative guidance manuals, official awareness campaigns, or comprehensive academic and educational materials, to educate advocates about:
- their constitutional status as First Officers of the Court,
- their fundamental legal and constitutional rights, and
- the legal remedies and protections available against misconduct, harassment, intimidation, or abuse of authority by any individual or institution.
This prolonged institutional inaction has left advocates uninformed, vulnerable, and deprived of the very safeguards the Bar Council is constitutionally mandated to uphold.
Advocates are officers of the Court and integral participants in the administration of justice, and therefore are entitled to dignity, respect, and professional equality with judicial officers. Advocates are not to behave as subordinates, nor are they expected to act with servility or engage in flattery. On the contrary, where judicial errors, misconduct, abuse of power, or injustice occur, advocates have both the right and the duty to raise complaints and pursue appropriate legal remedies, as categorically recognised by the Hon’ble Supreme Court of India. Latief Ahmad Rather v. Shafeeqa Bhat, 2022 SCC OnLine J&K 249; Ghanshyam Upadhyay v. State of Maharashtra, 2017 SCC OnLine Bom 9984; Harish Chandra Mishra v. Hon’ble Mr. Justice S. Ali Ahmed, 1985 SCC OnLine Pat 213; R. Muthukrishnan v. High Court of Madras, (2019) 16 SCC 407; Chetak Construction Ltd. v. Om Prakash, (1998) 4 SCC 577, Muhammad Shafi v. Choudhary Qadir Bakhsh, 1949 SCC OnLine Lah 14, Neeraj Garg v. Sarita Rani, (2021) 9 SCC 92, Dushyant Mainali v. Diwan Singh Bora, 2024 SCC OnLine SC 5178
The Rules and Standards of Professional Conduct of the Bar Council of India are founded on this principle. Safeguarding the independence, dignity, and professional autonomy of advocates is a constitutional and statutory obligation of the Bar Councils. The Bar Council is duty-bound to provide institutional support to advocates facing injustice and, conversely, to initiate disciplinary action against any advocate who, by engaging in servility, collusion, or appeasement of authority, acts against the collective interests of the legal profession.
However, disturbing trends have emerged where certain Bar Council members have acted in complete contradiction to this constitutional mandate. Instead of defending the independence of the Bar, some members have allegedly indulged in appeasement of judicial and executive authorities, thereby reducing the Bar Council itself into a subservient institution. Such conduct strikes at the very foundation of the independence of the Bar, the autonomy of the judiciary, and the constitutional guarantee of the Rule of Law.
Systemic Neglect of Constitutional Duties
Despite being a core constitutional responsibility, the duty to educate, protect, and empower advocates has suffered prolonged and serious neglect. Ironically, instances have emerged where nearly ₹8 crore was allegedly spent on reprinting and distributing legal texts such as the CrPC and CPC—materials already freely and widely available in the market. This has raised serious allegations of corruption, warranting an independent and thorough investigation.
This disturbing episode raises a fundamental question:
Is the Bar Council genuinely committed to safeguarding the rights of advocates, or merely to conducting expensive, cosmetic, and publicity-driven programmes devoid of substance?
Unlawful Acts Against Advocates and Bar Council’s Inaction
Failure to accord due respect to advocates, use of insulting or abusive language, issuing threats, creating an atmosphere of fear, initiating false disciplinary proceedings, or attempting to deter advocates from performing their professional duties are acts that are manifestly unconstitutional, illegal, and anti-democratic. These acts constitute penal offences. The Hon’ble Supreme Court has authoritatively held that criminal and other legal proceedings can be initiated against judges, police officers, government officials, and opposing litigants who engage in such unlawful conduct against advocates.
Yet, despite the Bar Council’s fundamental constitutional obligation to create awareness and safeguard the rights, privileges, and interests of advocates, this responsibility has been systematically and grossly neglected over a prolonged period.
More alarmingly, it has been alleged that certain Bar Council members have abused their positions to shield corrupt and anti-advocate-minded judges from criminal prosecution by passing illegal resolutions in their support, while simultaneously initiating illegal and bogus disciplinary proceedings against advocates who exposed corruption.
Misuse of Office and Selective Patronage
It has also been alleged that the role of several Bar Council members has been reduced to symbolic proximity-building—taking photographs with judges, displaying closeness at public events, and leveraging such associations to exert pressure on local courts. Reports suggest that these relationships are misused to secure favourable orders in high-profile and influential cases, while ordinary and aspiring advocates are left to fend for themselves.
Disturbingly, some self-proclaimed leaders within the Bar Council are alleged to have undertaken no substantive work in the genuine interest of advocates and have instead engaged in corruption, self-promotion, and publicity-seeking. Consequently, the office of Bar Council membership is alleged to have been converted by certain individuals into a tool for personal gain, raising grave concerns about the future of the legal profession and the protection of advocates’ rights.
A Fundamental Question Before the Legal Fraternity
This again raises a fundamental and serious question:
Is the Bar Council’s primary duty to protect the rights and dignity of advocates, or merely to conduct costly and superficial programmes?
The legal fraternity is now increasingly aware and vigilant. It is widely stated that these issues will be sharply raised in the forthcoming Bar Council elections. On matters concerning advocates’ rights, constitutional obligations, transparency, allegations of corruption, and complaints of selective justice, members will be compelled to take a clear and unequivocal stand. Those who fail to respond will be democratically held accountable by the legal community.
Alarming Institutional Capture
Consequently, an alarming and unconstitutional picture has emerged, wherein the Bar Council—an institution constitutionally mandated to safeguard the rights, dignity, and interests of advocates—is allegedly being run by certain individuals as a “private property” or a “private limited company.”
Not a single concrete instance has emerged where Bar Council members have demonstrated the courage to raise their voice against the alleged corrupt, arrogant, and high-handed conduct of certain High Court judges. While it is the Bar Council’s constitutional duty to take a firm institutional stand against misconduct, abuse of power, and injustice towards advocates, its response on this grave issue has been largely silent, passive, and, at times, perceived as supportive of alleged corruption and anti-advocate actions.
As a result, serious allegations have been voiced within the legal fraternity that, instead of protecting advocates’ rights, the Bar Council has, in certain instances, indirectly legitimised injustice.
People’s Movement Against a Corrupt, Unconstitutional and Self-Serving System
Today, the institutional decline of the Bar Council has been caused by certain selfish, corrupt, incompetent, unqualified, opportunistic, and fear-driven elements who have compromised and bartered away the rights of advocates. To overthrow such forces and to restore the Rule of Law and constitutional governance, a nationwide people’s movement is being launched under the leadership of the Indian Bar Association (IBA).
In this context, the Indian Bar Association has declared its firm and unequivocal support to duty-bound, fearless advocates like Adv. Ravi Jadhav, who are fighting for the rights and dignity of the legal fraternity. This support is not for any individual alone, but for:
- the struggle for the dignity and honour of advocates,
- the protection of the Constitution, and
- the integrity and purity of the justice system.
Nationwide Awareness Campaign: Educating Advocates About Their Real Rights
The Indian Bar Association has launched a comprehensive nationwide awareness campaign to educate advocates about their constitutional and legal rights. Under this campaign, advocates are being informed about:
- their fundamental constitutional and judicial rights,
- how they are misled, pressured, silenced, or manipulated,
- how disciplinary proceedings are misused and imposed vindictively,
- what criminal, civil, disciplinary, and contempt proceedings can be initiated against judges, police officers, and administrative authorities who violate advocates’ rights, and
- how advocates can lawfully and constitutionally fight injustice through institutional and democratic means.
To achieve this, the Association is organising guidance manuals, training camps, online lectures, workshops, and state-level and national awareness programmes. The objective is to empower every advocate with knowledge of their rights and enable them to stand fearlessly against injustice. Various articles, books, training materials, workshops, and digital campaigns have already been initiated. This article itself forms part of that awareness campaign.
Advocates’ Dignity Is the Backbone of Democracy
The dignity and protection of advocates is not merely a professional issue of the legal community—it is a foundational issue of democracy, constitutional governance, and the citizen’s right to justice.
If advocates are intimidated, humiliated, silenced, or coerced:
➡️ Ordinary citizens will be denied access to justice.
➡️ Courts will degenerate into mere centres of power.
➡️ The spirit and soul of the Constitution will be extinguished.
Therefore:
✊ Awaken against injustice
✊ Recognise and defend the rights of advocates
✊ Unite to uphold the Rule of Law
Chhatrapati Shivaji Maharaj’s Struggle for Justice and Dr. Ambedkar’s Constitutional Revolution—The War Cry for Advocates’ Rights
Advocates are the sentinels of the justice system. Silencing advocates is tantamount to silencing justice itself.
“If advocates are intimidated, humiliated, or silenced, the path to justice for ordinary citizens will be closed,” asserted Adv. Nilesh Ojha, National President of the Indian Bar Association.
Drawing inspiration from the anti-injustice legacy of Chhatrapati Shivaji Maharaj and the constitutional revolutionary vision of Dr. B. R. Ambedkar, this struggle is being led under the banner of the Indian Bar Association.
The movement has declared as national priorities:
- Empowering victims with awareness of injustice committed against them,
- Exposing abusive disciplinary mechanisms and coercive practices, and
- Educating advocates about legal remedies and accountability mechanisms against errant judges, police officers, and administrative authorities.
A clear and unequivocal message has been issued: The justice system cannot be weakened by intimidating advocates. A fearless, organised, and constitutional struggle shall be carried forward.
The fundamental objective of this movement is to dismantle oppressive and unjust structures and to re-establish the true Rule of Law through constitutional means.
Nationwide Awareness Movement Under Joint Leadership
This nationwide awareness campaign is being jointly led by:
- Indian Bar Association
- Junior Advocates and Law Students Association of India
- Indian Lawyers and Human Rights Activists Association
- Supreme Court and High Court Litigants Associations
The campaign has received unprecedented support across the country, and the struggle for advocates’ rights is rapidly transforming into a national movement.
Shivaji Maharaj’s Courage + Dr. Ambedkar’s Constitutional Path = The Modern Struggle for Justice
✊ Standing against injustice is true patriotism
✊ Democracy survives only when the Constitution is alive
Two Eternal Pillars of Anti-Injustice Struggle: Shivaji Maharaj and Dr. B. R. Ambedkar
Indian history reveres two towering icons who challenged oppression and ignited the torch of justice, freedom, and human dignity—Chhatrapati Shivaji Maharaj and Dr. B. R. Ambedkar.
Dr. Ambedkar’s Core Doctrine: Awakening Against Injustice
Dr. Ambedkar unequivocally proclaimed:
“Make the victims aware of the injustice inflicted upon them; they will raise their voice, the oppressors’ morale will collapse, and injustice will wither away.”
He believed:
➡️ Injustice survives through ignorance
➡️ Slavery survives through fear
➡️ Exploitation survives through silence
The Constitution, in his vision, was not merely a legal text but a weapon of social revolution.
Shivaji Maharaj’s Model of Justice-Centric Governance
Shivaji Maharaj, through intellect, strategy, and valour, challenged mighty empires and established people-centric governance. He was a symbol of justice, welfare governance, and inclusive statecraft.
His guiding principle was:
➡️ Power for justice,
➡️ Not justice for power.
The Present Struggle: A Constitutional Battle for Advocates’ Rights
Inspired by these historic ideals, an organised, constitutional, and democratic struggle is being waged against injustice towards advocates.
Advocates are not mere professionals. They are:
➡️ Pillars of the justice system
➡️ Guardians of the Constitution
➡️ Representatives of citizens’ rights
If advocates are silenced, justice itself is silenced.
Conclusion: This Is a Historic and Decisive Struggle
The struggle for advocates’ rights is not merely a professional agitation.
It is a historic and decisive battle for democracy, the Constitution, and the survival of justice itself.
The Historic Imperative of an Organised Struggle
Dr. B.R. Ambedkar’s timeless triad—“Educate, Agitate, Organize”—remains the guiding doctrine of every movement against injustice.
Chhatrapati Shivaji Maharaj taught the nation: Do not fear a powerful adversary; stand against injustice and never submit to oppression.
Today, the convergence of these two great philosophies has taken shape in a constitutional people’s movement led by the Indian Bar Association, with three core objectives:
- A struggle against injustice within the framework of law and the Constitution
- Protection and restoration of the rights and dignity of advocates
- Transparency and accountability in the justice delivery system
Standing Against Injustice Is True Patriotism
The path shown by Chhatrapati Shivaji Maharaj and Dr. Ambedkar is unequivocal:
- To tolerate injustice is to strengthen injustice.
- To resist injustice is to defend the Constitution itself.
The present struggle for advocates’ rights is not merely about professional privileges—it is a historic struggle for the survival of democracy, constitutionalism, and the integrity of the justice system.
Neglect of Fundamental Duties
Against this backdrop, it has become evident that the fundamental duties expected of Bar Council members are not being discharged in the manner mandated by the Constitution.
Empowering advocates, educating them about their rights, and providing institutional support to fight injustice are constitutional responsibilities of the Bar Council.
However, these responsibilities appear to have remained largely confined to paper, rather than being implemented in substance.
Alleged Indirect Protection of Corrupt Judges
More alarmingly, serious allegations have emerged that certain Bar Council members have passed resolutions in support of corrupt or oppressive judges and attempted to suppress complaints against them.
Such actions foster fear, frustration, and disillusionment among advocates, deliberately demoralising them and weakening resistance against judicial misconduct and institutional injustice.
Bar Council — Protector or Power Broker?
The Bar Council is constitutionally mandated to protect advocates. Yet, allegations have surfaced that some members have transformed themselves from protectors into intermediaries of power.
If Bar Council members fail to stand with advocates, advocates will have no option but to organise independently and launch a constitutional struggle to defend the Constitution itself.
Key Truths
✊ Suppressing advocates’ rights = Weakening democracy
✊ Shielding corrupt judges = Strangling the justice system
✊ An aware and organised Bar = The true guardian of the Constitution
Final Note: Without Awareness, Justice Is Impossible
If advocates are unaware of their rights, they cannot resist injustice.
And if the Bar Council keeps advocates in ignorance, it betrays the very constitutional purpose for which it was created.
✊ Aware advocates = A strong justice system
✊ Knowledge of rights = The first weapon against injustice
✊ Bar Council’s duty = Protection of advocates, not mere expenditure and cosmetic programmes
Fundamental Rights of Advocates
1) Right to Dignified and Respectful Treatment
Advocates are recognised as First Officers of the Court. Consequently:
- Advocates have a legal right to be treated with dignity and respect by judges, police authorities, and administrative officials.
- The use of insulting language, personal remarks, threats, humiliation, or creation of an atmosphere of fear is impermissible and unacceptable in a constitutional democracy.
Legal Remedies Against Disrespect or Abuse
2) Proceedings for Contempt of Court
If a judge:
- Makes insulting or personal remarks against an advocate,
- Issues threats, or
- Misuses judicial authority to intimidate advocates,
such conduct may attract Criminal Contempt under the Contempt of Courts Act, 1971, including:
- Section 2(c) – Criminal Contempt
- Section 12 – Punishment for Contempt
Strict action can be taken under these provisions.
(References: Harish Chandra Mishra; Shafi Ahmad Choudhary)
3) Criminal Prosecution Under the Indian Penal Code (IPC)
If any person uses abusive, insulting, or provocative language against an advocate:
- Section 500 IPC – Defamation
- Section 504 IPC – Intentional Insult
criminal proceedings can be initiated.
Importantly:
➡️ No prior sanction is required to prosecute for such offences.
(References: B. S. Sambhu v. T. S. Krishnaswamy; Bidhi Singh, 1993)
In addition, an advocate may file a civil suit for damages for loss of reputation, mental harassment, and professional injury.
4) Disciplinary and Administrative Action Against Judges
If a judge violates:
- Judicial propriety,
- Code of conduct, or
- Service discipline,
separate disciplinary proceedings can be initiated.
In-House Procedure
If the concerned judge is:
- A High Court Judge,
- The Chief Justice, or
- A Supreme Court Judge,
an inquiry can be initiated under the In-House Procedure.
In cases of serious misconduct or moral turpitude, stringent administrative action is possible.
For members of the judicial service (e.g., Additional District Judges), proven misconduct can lead to dismissal from service.
5) Denial of Justice — Judicial Orders Can Be Set Aside
If:
- Advocates or litigants are subjected to discriminatory treatment,
- A fair hearing is denied, or
- Judicial bias or humiliating conduct results in denial of justice,
the judicial order may be declared vitiated due to bias and set aside, with appropriate relief granted by higher courts.
(References: Nirankar Nath Wahi; Rukn-ul-Mulk; Nand Lal Mishra; Shrirang Yadavrao Waghmare)
Key Constitutional Principle
Respect for advocates is not a courtesy—it is a constitutional mandate.
Harassment or intimidation of advocates undermines the rule of law and erodes public confidence in the justice system.
