LexR. MUTHUKRISHNAN versus THE REGISTRAR GENERAL OF THE HIGH COURT OF JUDICATURE AT MADRAS
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A B C D E F G H 589 R. MUTHUKRISHNAN v. THE REGISTRAR GENERAL OF THE HIGH COURT OF JUDICATURE AT MADRAS (Writ Petition (C) No. 612 of 2016) JANUARY 28, 2019 [ARUN MISHRA AND VINEET SARAN, JJ.] Rules of High Court of Madras, 1970: rr. 14A, 14B, 14C and 14D (as inserted by amendment in 2016) – Empowerment of High Court to debar an advocate from practicing – Validity of – Held: High Court Rules have been framed in exercise of powers conferred u/s. 34 of Advocates Act – Section 34 does not confer power to frame rules to debar a lawyer for professional misconduct – It is apparent from the provisions and the scheme of the Advocates Act that the Act never intended to confer disciplinary powers upon the High Court or Supreme Court except to the extent dealing with an appeal u/s. 38 of Advocates Act – It is the Bar Councils of States and Bar Council of India which have the power to discipline the lawyers and maintain nobility of the profession under Advocates Act – The High Court has the power to debar the advocate under the Contempt of Courts Act – Even when the Disciplinary Committee of the Bar Council is not as effective as it should be, the very purpose of disciplinary control by Bar Council cannot be permitted to be frustrated – Such failure on the part of Bar Council can be supervised by the Court – Therefore, the impugned rules could not have been framed u/s. 34 of Advocates Act – The impugned rules clearly impinge upon the independence of the Bar – Exercise of disciplinary control by the High Court, by inserting the impugned rules would amount to usurpation of the power of Bar Council conferred under Advocates Act – Advocates Act, 1961 – s.34 – Constitution of India – Arts. 14 and 19. Allowing the petition, the Court HELD: 1. The Advocates Act, 1961 has been enacted to amend and consolidate the law relating to the legal practitioners [2019] 1 S.C.R. 589 589 A B C D E F G H 590 SUPREME COURT REPORTS [2019] 1 S.C.R. and to provide for the constitution of the Bar Council and an All India Bar. The independence of the Bar and autonomy of the Bar Council has been ensured statutorily in order to preserve the very democracy itself and to ensure that judiciary remains strong. There cannot be existence of a strong judicial system without an independent Bar. [Paras 13, 14] [604-C, D, E] 2. It is basically the lawyers who bring the cause to the Court, are supposed to protect the rights of individuals of equality and freedom as constitutionally envisaged and to ensure that the country is governed by the rule of law. Considering the significance of the Bar in maintaining the rule of law, right to be treated equally and enforcement of various other fundamental rights, and to ensure that various institutions work within their parameters, its independence becomes imperative and cannot be compromised. [Para 16][604-G-H; 605-A] 3. The Bar is an integral part of the judicial administration. In order to ensure that judiciary remains an effective tool, it is absolutely necessary that Bar and Bench maintain dignity and decorum of each other. The mutual reverence is absolutely necessary. It is the joint responsibility of the Bar and the Bench to ensure that equal justice is imparted to all. Independent Bar and independent Bench form the backbone of the democracy. Equal and even-handed justice is the hallmark of the judicial system. The protection of the basic structure of the Constitution and of rights is possible by the firmness of Bar and Bench and by proper discharge of their duties and responsibilities. [Paras 18, 19 and 21][605-D-F, H; 606-B] 4. For a value-driven framework, it is necessary that perspective is corrected in an ethical and morally sound perspective. The perception of ambulance chasers, money guzzlers and black sheep should not be presumptive. Such public perception about the lawyers undermines the credibility of the legal profession, all the evils from the system have to be totally weeded out. [Para 27][607-E-F] 5. The legislature has reposed faith in the autonomy of the Bar while enacting Advocates Act and it provides for autonomous Bar Councils at the State and Central level. The ethical standard of the legal profession and legal education has been assigned to A B C D E F G H 591 the Bar Council. It has to maintain the dignity of the legal profession and independence of Bar. The disciplinary control has been assigned to the Disciplinary Committees of the Bar Councils of various States and Bar Council of India an
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