Professional ethicsNature of professionSupreme Court of India

Bar of Indian Lawyers v D.K. Gandhi PS National Institute of Communicable Diseases

2024 INSC 410; C.A. No. 2646 of 200920241 min read
The case in brief30-second read
Facts
The NCDRC, by order dated 06.08.2007, held that a consumer complaint for deficiency in service lies against an advocate. The Bar of Indian Lawyers, the Delhi High Court Bar Association, the BCI and an advocate appealed.
Issue
Is a service hired from an advocate a "service" under the Consumer Protection Act 1986/2019, so that a complaint of deficiency in service lies against him?
Held
The legal profession "is not commercial in nature but is essentially a service oriented, noble profession" (para 29).
Principle
The legal profession is sui generis; an advocate's service is a contract of personal service, so a complaint of deficiency in service against an advocate is not maintainable under the Consumer Protection Act 2019.
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Facts

  • The NCDRC, by order dated 06.08.2007, held that a consumer complaint for deficiency in service lies against an advocate.
  • The Bar of Indian Lawyers, the Delhi High Court Bar Association, the BCI and an advocate appealed.

Issue

  1. Is a service hired from an advocate a "service" under the Consumer Protection Act 1986/2019, so that a complaint of deficiency in service lies against him?

Held

  • The legal profession "is not commercial in nature but is essentially a service oriented, noble profession" (para 29).
  • Advocates are expected to act according to the principles of uberrima fides (para 29).
  • The legal profession is sui generis and cannot be compared with any other profession (para 42(ii)).
  • A service hired from an advocate is under "a contract of personal service" and falls within the exclusion in S.2(42) of the CP Act 2019; a deficiency complaint is not maintainable (para 42(iii), (iv)). The NCDRC order was set aside.

Ratio decidendi

Because of the client's control over the advocate's work and the advocate's duties to the court, the advocate-client relationship is one of personal service, outside consumer law.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for the nature of the legal profession: noble, service oriented, not commercial.
  • Part B (16 marks): Use in answers on the importance and role of the profession, and on whether law is a business. Pair with Law Commission 14th Report and Dabholkar.
  • Key line for exam: "It is not commercial in nature but is essentially a service oriented, noble profession" (para 29).

Cite this

Citation

Bar of Indian Lawyers v D.K. Gandhi PS National Institute of Communicable Diseases 2024 INSC 410; C.A. No. 2646 of 2009

Reported: https://api.sci.gov.in/supremecourt/2007/27751/27751_2007_14_1501_53242_Judgement_14-May-2024.pdf. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.