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2026 INSC 670 • Supreme Court of India

Ajay Vijh v. Indian Banks' Association

“No Blacklisting of Lawyers by Banks: Caution List Is for Fraud, Not Negligence, and Advocates Answer Only to Bar Councils”

7 July 2026Justice Pamidighantam Sri Narasimha, Justice Alok Aradhe
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TL;DR

The Supreme Court held that a writ petition under Article 226 is maintainable against the Indian Banks' Association (IBA) over the Caution List, even though the IBA may not be "State" under Article 12, because the function carries a public law character and affects the right to practise a profession under Article 19(1)(g). On the merits, it held that the RBI-backed Caution List is meant for cases of fraud, dishonesty, criminality or serious misconduct, not alleged negligence or errors of professional judgment. Advocate Ajay Vijh, listed with remarks of "wrong legal opinion" and negligence, had his inclusion declared impermissible and without jurisdiction, and the bank and IBA were directed to remove his name immediately. The Court also held that professional misconduct of advocates falls within the exclusive domain of the Bar Councils under the Advocates Act, 1961, and directed the Bar Council of India to carry out a performance audit of its disciplinary mechanism and to work towards Continuing Legal Education and a possible National Legal Academy.

The Bottom Line

Banks can drop a lawyer from their panel, but they cannot publicly label a lawyer as incompetent or negligent by placing the lawyer on a sector-wide fraud Caution List. The Supreme Court ruled that such a label is for the Bar Councils to decide through the disciplinary process under the Advocates Act, not for banks or the IBA. The advocate's name was ordered removed from the list with immediate effect. At the same time, the Court asked the Bar Council of India to audit how well its own disciplinary system works and to build continuing education for lawyers.

Case Timeline

The journey from FIR to Supreme Court verdict

event
8 Aug 2015

Legal Opinion Given

The advocate rendered a legal opinion on immovable property offered as security for a Rs. 2.00 crore credit facility.

event
27 Jul 2018

Bank Alleges Erroneous Opinion

The Bank's regional manager alleged that the opinion was erroneous because a portion of the land had been sold under sale deeds dated 31.10.2012, and called for his explanation.

order
31 Jan 2019

Removed from Bank Panel

After considering his explanation dated 17.08.2018, the Bank removed him from its panel on the ground of negligence in verification of title.

event
5 Feb 2020

Name Included in IBA Caution List

The advocate's name was included in the Caution List titled "Third Party Entities Involved in Fraud" with a remark about wrong legal opinion and negligence.

judgment
20 Nov 2023

Allahabad High Court Dismisses Writ Petition

The High Court held that a writ petition was not maintainable because the IBA is not State under Article 12 and dismissed it without examining the merits.

judgment
7 Jul 2026

Supreme Court Allows Appeal

The Supreme Court held the writ petition maintainable, declared the inclusion in the Caution List impermissible and without jurisdiction, and gave directions to the Bar Council of India.

The Story

Ajay Vijh, an advocate enrolled in 1998, had been on the panel of several banks and financial institutions for legal advisory services. He claims to have been on the panel of Canara Bank from September 2010. On 27.07.2018 the Bank's regional manager alleged that a legal opinion he gave on 08.08.2015 on immovable property offered as security for a credit facility of Rs. 2.00 crore was erroneous. The opinion had stated that the land was wholly owned by M/s Pushpanjali Buildwell Private Limited, the guarantor, but a portion had in fact been sold three years earlier under sale deeds dated 31.10.2012, which the opinion failed to examine.

The advocate replied on 17.08.2018, explaining that his opinion was based on a search certificate issued by the office of the Sub-Registrar, Hapur, and inspection of the records, and that the sale transactions were not discernible from the records then available. By communication dated 31.01.2019, the Bank removed him from its panel on the ground of negligence in verification of title.

The Bank then forwarded his name to the Indian Banks' Association (IBA) for inclusion in the Caution List, and with effect from 05.02.2020 his name was incorporated in a list titled "Third Party Entities Involved in Fraud". The remark against his name read: "Given Wrong Legal Opinion And Negligence in Conducting Search and Bank Was Exposed to Loss and Financial Risk". He asserted that this was done without prior notice or an opportunity to be heard, and that it had a cascading effect, with other banks terminating his empanelment and harming his reputation. He came to know of the inclusion much later.

He challenged the Bank's and IBA's action by a writ petition before the High Court of Judicature at Allahabad (Civil Misc. Writ Petition No. 12074 of 2023). By judgment and order dated 20.11.2023, the High Court dismissed the petition without examining the merits, on the ground that the IBA is not "State" under Article 12 and a writ would not lie, relying on the Bombay High Court decision in Kishor S. Bhat v. Indian Banks' Association. The advocate appealed to the Supreme Court. Because of the significance of the issues of autonomy, self-regulation and accountability of the legal profession, the Court heard the parties and Mr. Maninder Singh as Amicus Curiae on maintainability as well as merits.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether the writ petition under Article 226 challenging inclusion of the appellant's name in the IBA Caution List was maintainable?

Tap to reveal answer
1SC Answer

Yes. Article 226 is not confined to bodies that are State under Article 12. The focus is on the nature of the function performed, the source of the power exercised and the effect on legally protected rights. The Caution List operates as an industry-wide mechanism with a statutory basis that directly affects the right to practise a profession under Article 19(1)(g), so it has sufficient public law character to be subject to judicial review.

Confirms that writ remedy is available against private or quasi-private bodies performing public functions, here a sector-wide Caution List.

2Question

Whether inclusion of an advocate's name in the Caution List is merely an administrative measure within the contractual relationship between the bank and its panel advocate, or has a bearing on legal and constitutional rights?

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2SC Answer

It has a bearing on legal and constitutional rights. A bank may disengage a panel advocate, but circulating the advocate's name on a Caution List with remarks about negligence operates as a declaration of incompetence and affects the right to practise. The RBI circulars on third parties involved in frauds deal with fraud, not professional negligence, and cannot be extended to cover negligence or errors of professional judgment.

Separates a bank's contractual freedom to end an empanelment from a public declaration that impugns a lawyer's competence.

3Question

Whether allegations of professional misconduct or negligence of an advocate fall within the disciplinary domain under the Advocates Act, 1961, with exclusive jurisdiction in the Bar Councils?

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3SC Answer

Yes. Questions of professional conduct, competence or negligence of an advocate fall within the exclusive domain of the disciplinary mechanism under the Advocates Act, 1961, before the State Bar Councils and the Bar Council of India. If a bank believes an advocate is guilty of negligence or misconduct, it should place the material before the competent State Bar Council.

Protects the independence of the legal profession and its principle of self-regulation from parallel mechanisms.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Inclusion in the Caution List violated Article 19(1)(g) and natural justice

The appellant argued that the inclusion of his name with remarks about wrong legal opinion and negligence was done without notice or hearing, in breach of procedural guidelines, and had a cascading effect on his professional engagements with other banks, seriously damaging his reputation and right to practise.

2

Professional negligence is for the disciplinary authorities

The appellant, the Bar Council of India, the Ministry of Law and Justice and the Amicus Curiae uniformly submitted that allegations of professional negligence or misconduct, even if true, fall within the exclusive jurisdiction of the disciplinary authorities under the Advocates Act, 1961, and that neither the Bank nor the IBA could effectively blacklist a lawyer.

Advocates Act, 1961Supreme Court Bar Association v. Union of India (1998) 4 SCC 409

Respondent

State of Haryana

1

The IBA is not State under Article 12, so no writ lies

The first respondent contended that it is neither a statutory body nor State within Article 12. The High Court accepted this and relied on Kishor S. Bhat v. Indian Banks' Association (Bombay High Court) in dismissing the writ petition.

Article 12Kishor S. Bhat v. Indian Banks' Association, 2018 SCC OnLine Bom 2857
2

The Caution List is justified by RBI circulars on frauds

The respondents relied on the regulatory framework evolved by the RBI for reporting third-party entities involved in banking frauds, including the Circular dated 16.03.2009, the 2016 Frauds Classification and Reporting Directions and the Master Directions on Fraud Risk Management, 2024, to justify including the appellant's name.

RBI Circular dated 16.03.2009Section 35A Banking Regulation Act, 1949

Court's Analysis

How the Court reasoned its decision

On maintainability, the Court held that the High Court took a narrow view of Article 226. Relying on Kaushal Kishor, Andi Mukta, Zee Telefilms and S. Shobha v. Muthoot Finance, it explained that the test has shifted from who the respondent is to the function performed and the effect on legally protected rights, and it distinguished Kishor S. Bhat as a purely contractual service dispute. On the scope of the Caution List, the Court examined the RBI Circular of 16.03.2009, the 2016 Directions and the 2024 Master Directions and found that they deal only with fraud. Fraud involves mens rea, and an erroneous legal opinion or omission in due diligence cannot be elevated to fraud without allegations of dishonest intent. Banks may disengage panel advocates but cannot circulate a declaration of incompetence. On the third issue, the Court described the legal profession as sui generis, explained that its independence is secured through self-regulation under the Advocates Act, 1961, and noted the exclusive disciplinary jurisdiction of Bar Councils under Sections 35 and 36 with appeals under Sections 37 and 38. It then went beyond the individual dispute and, citing Yash Developers on performance audit, directed the Bar Council of India to audit its disciplinary mechanism, and urged institutionalised Continuing Legal Education and a proposed National Legal Academy.

an action in the nature of public declaration to all other banks about the conduct, competency or incompetency of an advocate is clearly beyond their power and jurisdiction and clearly illegal.

Para 2.3

Summarises the central holding: banks may disengage an advocate, but cannot publicly declare an advocate incompetent.

the nature of the function performed, the source of power exercised, and the effect of the impugned action on legally protected rights.

Para 12

States the functional test that makes the writ petition maintainable regardless of whether the body is State under Article 12.

An erroneous legal opinion or an omission in the course of due diligence, absent any allegation of dishonest intent or deliberate facilitation of illegality, cannot be elevated to the level of fraud.

Para 27

Keeps the fraud-focused Caution List from being stretched to cover negligence or errors of professional judgment.

Independence of legal profession is as important as independence of judiciary.

Para 31

Grounds the self-regulation of the Bar in the rule of law and democracy.

Matters concerning the professional conduct of an advocate are within the exclusive province of the disciplinary authorities contemplated under the Advocates Act.

Para 36

Points banks to the State Bar Council rather than to unilateral blacklisting.

Allowed

The Verdict

Relief Granted

The advocate obtained removal of his name from the Caution List and a declaration that the inclusion was without jurisdiction. The Court kept the matter alive for further directions on institutional reforms for the Bar.

Directions Issued

  • The judgment and order of the High Court of Judicature at Allahabad is set aside
  • Inclusion of the appellant's name in the Caution List is declared impermissible and without jurisdiction
  • The respondents shall remove the appellant's name from the Caution List with immediate effect
  • The Bar Council of India shall constitute a committee and seek an objective assessment of its duties of self-regulation of professional conduct and discipline, consider the report and file an affidavit of the action proposed or taken
  • The Bar Council of India shall constitute a team of senior and junior lawyers and experts to consider and evolve the idea of establishing a National Legal Academy, and inform the Court of its decision
  • The appeal is listed on 31.08.2026 for considering Continuing Legal Education and the proposal for a National Legal Academy, and the Bar Council of India may file an affidavit a week before the listing

Key Legal Principles Established

1

A writ petition under Article 226 can lie against a body that performs a public function or exercises power with a public law element, even if it is not State under Article 12.

2

The Caution List maintained by the IBA under RBI guidelines is meant for fraud, dishonesty, criminality or other serious misconduct, not for alleged negligence or errors of professional judgment.

3

A bank may disengage a panel advocate, but cannot publicly declare to other banks that an advocate is incompetent or negligent.

4

Fraud imports mens rea; an erroneous legal opinion cannot be elevated to fraud absent dishonest intent or deliberate facilitation of illegality.

5

Professional misconduct and negligence of advocates are within the exclusive jurisdiction of the State Bar Councils and the Bar Council of India under the Advocates Act, 1961.

6

The independence of the legal profession depends on self-regulation, which in turn must be accountable, transparent and effective.

7

The Bar Council of India should audit the performance of its disciplinary mechanism and institutionalise Continuing Legal Education for advocates.

Key Takeaways

What different people should know from this case

  • A bank can stop using a particular lawyer, but it cannot brand that lawyer as fraudulent or incompetent across the entire banking sector over a mere mistake or alleged negligence.
  • If a lawyer is accused of professional misconduct or negligence, the complaint goes to the State Bar Council, where the lawyer gets a hearing under a set procedure.
  • Lawyers, doctors, architects and other professionals are all answerable, but the legal profession has its own regulator, the Bar Council.
  • Being put on a blacklist without notice can seriously affect a person's livelihood, and courts can examine such action under Article 226.

Frequently Asked Questions

The Supreme Court held that the writ petition was maintainable and that inclusion of advocate Ajay Vijh's name in the IBA Caution List solely for alleged negligence in a legal opinion was impermissible and without jurisdiction. It ordered his name removed immediately and gave directions to the Bar Council of India on a performance audit and continuing legal education.
No. A bank may remove an advocate from its panel if services are not up to the mark. But circulating the advocate's name to all banks through a Caution List with remarks about competence is clearly beyond its power. Allegations of professional negligence must go to the State Bar Council.
The Court held that, under the RBI guidelines, the Caution List is intended for cases involving fraud, dishonesty, criminality or other serious misconduct affecting the banking system, and not for alleged negligence or errors of professional judgment.
Yes, in the circumstances of this case. The Court held that Article 226 does not depend on the respondent being State under Article 12. Because the Caution List performs a public function with a statutory basis and affects the right to practise a profession, a writ petition was maintainable.
The Court directed the Bar Council of India to constitute a committee for an objective assessment of its disciplinary duties and file an affidavit on action proposed or taken, and to constitute a team of lawyers and experts to consider establishing a National Legal Academy and the discipline of Continuing Legal Education. The matter is listed on 31.08.2026.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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