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Vikas Deshpande V BCI

The case Vikas Deshpande v. Bar Council of India (2003) addresses the disciplinary powers of the Bar Council of India regarding professional misconduct by advocates. The Supreme Court affirmed the BCI's exclusive authority to handle complaints against advocates, criticizing Deshpande's filing of a review petition with baseless allegations against judges and improper citation of overruled judgments. This case highlights the importance of maintaining ethical standards in the legal profession and serves as a warning against unfounded allegations within legal proceedings.

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538 views1 page

Vikas Deshpande V BCI

The case Vikas Deshpande v. Bar Council of India (2003) addresses the disciplinary powers of the Bar Council of India regarding professional misconduct by advocates. The Supreme Court affirmed the BCI's exclusive authority to handle complaints against advocates, criticizing Deshpande's filing of a review petition with baseless allegations against judges and improper citation of overruled judgments. This case highlights the importance of maintaining ethical standards in the legal profession and serves as a warning against unfounded allegations within legal proceedings.

Uploaded by

samriti
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Samriti Rudhra

Write a detailed note on Vikas Deshpande v Bar Council of India (2003)

Vikas Deshpande v. Bar Council of India (2003) is a significant case concerning the disciplinary powers of the
Bar Council of India (BCI) and the professional conduct of advocates. The case revolves around the actions of
Advocate Vikas Deshpande, who filed a review petition in the Supreme Court containing allegations against
judges.

Key Aspects of the Case:


Jurisdiction of the Bar Council of India: The Supreme Court affirmed the exclusive authority of the BCI
to address complaints of professional misconduct against advocates. Even for advocates practicing in the
Supreme Court, the Court held that it lacked jurisdiction to directly address such matters. The appropriate
course of action was to refer the complaint to the BCI for investigation and potential disciplinary action.
Professional Misconduct: The core issue was Deshpande's conduct in filing the review petition. The
Court deemed his actions as professional misconduct, particularly his citation of overruled judgments and
the nature of his allegations against the judges. The Court emphasized that citing overruled judgments
demonstrates a lack of due diligence and lowers the standards of the legal profession.
Maintaining Professional Standards: The judgment underscores the importance of maintaining high
ethical standards among advocates. The Court highlighted the link between the integrity of lawyers and the
integrity of the judiciary, emphasizing that misconduct by advocates undermines public trust in the legal
system. It stressed the need for the BCI to take appropriate action to preserve the reputation of the
profession.
Disciplinary Powers of the Bar Council of India: The case reinforces the BCI's role in investigating and
taking disciplinary action against advocates for professional misconduct. The Court clarified that the BCI
has the power to investigate complaints, withdraw cases from State Bar Councils for its own inquiry, and
impose disciplinary measures.
Review Petition and Allegations against Judges: While the specifics of the allegations aren't detailed
in available summaries, the Court's criticism suggests they were baseless and inappropriate. The act of filing
such a petition itself, coupled with the citation of overruled judgments, contributed to the finding of
misconduct.

Impact and Significance:


Vikas Deshpande reinforces the BCI's authority as the primary regulatory body for advocate conduct in
India.
It emphasizes the importance of ethical conduct and due diligence, particularly in the citation of legal
precedents.
The case serves as a warning against making unfounded allegations against judges, especially within
legal proceedings.

For a complete understanding of the case, including the specific allegations and the full reasoning of the Court,
it is essential to refer to the complete judgment text (AIR 2003 SC 308).

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