SVKM’S PRAVIN GANDHI COLLEGE OF LAW

Presents

“CONFICIENDIS LEGISLATIVA”
7th NATIONAL LEGISLATIVE DRAFTING COMPETITION, 2018

DRAFT A BILL ON “REGULATING LEGAL PROFESSION”

RULES AND REGULATIONS

 Eligibility for participation:

Participation is restricted to students currently studying in the Law colleges only. Law
schools/colleges recognised by the Bar Council of India are eligible to participate in the Seventh
National Legislative Drafting Competition, 2018.

 Team Composition:
The team may comprise of a maximum number of 2 members. A maximum of 3 entries are
permitted from each institution.

 Registration:
The Students interested are required to send the duly completed registration form to
mcs.svkm@gmail.com along with a scanned copy of a Demand Draft in favour of “PRAVIN
GANDHI COLLEGE OF LAW”, payable at Mumbai of Rs. 2000/- (per entry) (Two Thousand
Only) as the registration fee. The hard copy of the same must be sent to SVKM’s Pravin Gandhi
College of Law, Mithibai College Campus, 8th Floor, Bhaktivedanta Swami Marg, Vile Parle
(W), Mumbai- 400056.’

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The Participants have to send the soft copy of the registration form and the demand draft by 24th
March, 2018 by 16:00 hrs. The last date for sending the hard copy of the registration form and
the Demand Draft is 27th March, 2018.

Both the formalities have to be completed in order to confirm the participation.

 Background Note:

SC asks Centre to bring law to regulate legal profession, cap lawyers' fees

Highlights

 The Supreme Court asked the

Centre on Tuesday to bring a law to regulate
the field and to prescribe "floor and ceiling
of advocates' fees".
 A bench of justices also deprecated
the practice of lawyers demanding a share in
their client's pecuniary benefits awarded by
courts.

Expressing concern over growing commercialisation of the legal profession with lawyers
demanding "astronomical" fees from litigants, which made it difficult for the poor to access
justice, the Supreme Court asked the Centre on Tuesday to bring a law to regulate the field and to
prescribe "floor and ceiling of advocates' fees".

Referring to various judgments of the apex court and reports of the Law Commission, a bench of
Justices Adarsh K Goel and U U Lalit said it was high time the Centre intervened and brought a
legislation to maintain ethics in the legal profession+ and ensure that the poor were not deprived
of legal assistance from competent lawyers due to lack of funds. It also deprecated the practice of
lawyers demanding a share in their client's pecuniary benefits awarded by courts and said it was
professional misconduct for which action should be taken against erring advocates.

"Undoubtedly, the legal profession is the major component of the justice delivery system and has
a significant role to play in upholding the rule of law. (The) Significance of the profession is on

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account of its role in providing access to justice and assisting citizens in securing their
fundamental and other rights. Can justice be secured with legal professionals failing to uphold
professional ethics?" the bench asked.

The bench noted that the Law Commission had recommended a regulatory mechanism for the
legal profession and for maintaining "irreducible minimum standards of the profession for
ensuring accountability of the legal profession (sic)".

Referring to lawyers' fees as a barrier to access to justice, the commission had said that it was the
duty of Parliament to prescribe fee for services rendered by members of the legal profession.
"First step should be taken to prescribe floor and ceiling in fees," the commission had said in its
131st report submitted in 1988.

In its 266th report, the commission had said the unethical conduct of lawyers contributed to
pendency of cases. The commission said there was a huge loss of working days by call of
unjustified strikes in various high courts and added that such dilatory tactics, including seeking
adjournments on unjustified grounds, affected speedy disposal of cases. It also suggested that the
Bar Council of India constitution required a change.

As the Centre failed to bring a law all these years to regulate the profession, the SC reminded the
government to take note of the reports and take appropriate decision as there was a need to review
the regulatory mechanism.

"Though the 131st report was submitted in 1988, no effective law appears to have been enacted to
regularise the fee or for providing public sector services to utmost needy litigants without any fee
or at standardised fee. (A) Mechanism to deal with violation of professional ethics also does not
appear to have been strengthened. Success of administration of justice to a great extent depends
on successful regulation of legal profession in the light of mandate under Article 39A for access
to justice," the court said.

"We hope that the concerned authorities in the government will take cognisance of the issue of
introducing requisite legislative changes for an effective regulatory mechanism to check violation

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of professional ethics and also to ensure access to legal services which is (a) major component of
access to justice mandated under Article 39A of the Constitution," it added.1

 FORMAT OF THE SUBMISSION:

• The language for the competition will be strictly English.

• The bill should be typed on A4-sized paper.

• The font used must be Times New Roman, size 12, double line spacing, One-inch
margin on each side.

• The font of footnotes must be Times New Roman, Size 10, single line spacing.

• Page numbers must be given at the Top Right hand corner.

• The length of the bill should not exceed 30 pages.

• The cover page of the submission should include the Long Title of the bill along
with the name of the Author(s), with the author's designation.

 FORMAT OF THE DRAFT OF THE LEGISLATION:

The draft of the Legislation should be in the following format:
o The Long Title
o The Preamble
o The Enacting Clause
o The Short Title
o Extent and Commencement Clause
o Definitions
o The Operative Section
o Exceptions and Exemptions Clause
o Procedural Provisions
o Offences
o Penalties
o Provisions regarding Delegated Legislation

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Times of India, 13th December 2017

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 GENERAL RULES:

• The Participants have to send the soft copy of the registration form and the
demand draft by 24th March, 2018 by 16:00 hrs.

• The Participants have to send the hard copy of the registration form and the
demand draft by 27th March, 2018 by 16:00 hrs.

• The Participants have to send the soft copy of the Legislative bill by the 6th April,
2018 by 23:59 hrs.

• The Participants will have to send 3 Hard Copies of the Bill by 9th April, 2018.

• Results will be declared on 17th April, 2018.

• All participants will receive a participation certificate.

• The organizers shall send the certificates and the prize amount via courier or speed
post.

• Entries sent after the deadline shall be disqualified.

• Any entry found to be plagiarized will be disqualified.

 PRIZES:

• The Best Team - Cash Prize of Rs. 10,000/- and Certificates.

• The Runner Up Team - Cash Prize of Rs. 7,000 and Certificates.

• The Second Runner Up Team - Cash Prize of Rs. 5,000 and Certificates.

 FOR FURTHER QUERIES PLEASE CONTACT:

• Faculty-in-Charge:- Dr. Geeta Kubsad- +91 98202 54446

• Student Co-ordinators: - Yash Modi - +91 902959827; Jesica Thakkar -

+9819507872; Ashnav Sinha- +91 9820025896

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 REGISTRATION FORM

(Please fill in block letters)

Name of the Institution: ______________________________________________________

Address: ___________________________________________________________________

Email: ______________________________________ Phone: _______________________

Name of faculty in-charge: ____________________________________________________

Contact details of faculty in-charge: _____________________________________________

NAME PHONE EMAIL PHOTOGRAPH

NUMBER
PARTICIPANT 1

PARTICIPANT 2

(Signature of the Head of the Institution)

NOTE: THE PHOTOGRAPH SHOULD BE SELF ATTESTED.