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2017 Supreme(Mad) 4146
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.M. SUNDRESH, T. RAJA, K. RAVICHANDRABAABU, JJ.
The Chairman, Bar Council of India – Appellant
Vs.
S.M. Anantha Murugan and Ors. – Respondents
W.A. Nos. 1590 and 1670 of 2015
Decided On : 09-08-2017
Advocate Appeared:
For the Appellant : S.R. Rajagopal, Adv.
For the Respondents: S.T.S. Murthi, Adv
Headnote:
Constitution of India, 1950 - Article 19(1)(g) and 226 - Advocates Act, 1961 - Section 24A - Legal profession - Association - Integrity and service - Role and status of lawyers at beginning of sovereign and democratic India is accounted as extremely vital in deciding that nations administration was to be governed by rule of law - They were considered intellectuals amongst the elites of country and social activists amongst downtrodden - Role of lawyers in framing of Constitution needs no special mention - Legal profession is a solemn and serious occupation - It is a noble calling and all those who belong to it are its honourable member - Although entry to profession can be had by acquiring merely qualification prescribed by different universities, honour as a professional has to be maintained by its members by their exemplary conduct both in and outside court - Legal profession is different from other professions in that what lawyers do, affects not only an individual but administration of justice which is foundation of civilised society - Different Associations of members of Bar are being formed to show strength of lawyers in case of necessity – Held, A perusal of order passed by learned single Judge would show that he has recommended appropriate measures to be taken by Bar Council of India in this regard - Pending recommendation, it was ordered to ensure that candidates with serious offences are not allowed to be enrolled - After all, every stakeholder is interested in upholding dignity of profession - It is no doubt true that there is no provision as of now barring such persons from getting enrolled - But then, there is no quibble over power of Bar Council of India to act accordingly - That is precisely reason why a direction has been issued by learned single Judge - When once right to practice is governed and controlled by a statute, then it may not be claimed as absolute - In that sense, there is not much of difference in thinking process adopted by learned single judge - Suffice it is to state that earlier decision of learned single Judge and observation made by Division Bench on have not been brought to knowledge of the Division Bench - Thus, Direction No. 3 issued by learned single Judge would stand – Order accordingly.
M.M. Sundresh, J.
"The first thing we do, let us kill all the lawyers"
1. King Henry VI - Shakespeare. The above words signify the importance of lawyer qua society that existed hundreds of years ago. With the passage of time, it has become more pronounced with the complexities social problems.
2. Nizer Louis:-
"I consider it a lawyer's task to bring calm and confidence to the distressed client. Almost everyone who comes to a law office is emotionally affected by a problem. It is only a matter of degree and of the client's inner resources to withstand the pressure."
Justice Frankfurter:
"I think a person who throughout his life is nothing but a practising lawyer fulfills a very great and essential function in the life of society. Think of the responsibilities on the one hand, and the satisfaction on the other, to be a lawyer in the true sense."
3. The following is the observation on the pivotal role destined for a lawyer in Noor Mohammed Vs. Jethanand and Another (2013) 5 SCC 202:
18. In this context, we may refer to the pronouncement in Pandurang Dattatraya Khandekar Vs. Bar Council of Maharashtra ((1984) 2 SCC 556 : 1984 SCC (Cri) 335)), wherein the Court observed that:
"9.....An advocate stands in a loco parentis towards the litigants and it therefore follows that the client is entitled to receive disinterested, sincere and honest treatment especially where the client approaches the advocate for succour in times of need."
21. While recapitulating the duties of a lawyer towards the Court and society, being a member of the legal profession, this Court in O.P. Sharma Vs. High Court of P & H ((2011) 6 SCC 86 : (2011) 2 SCC (Cri) 821) has observed that:
"17. The role and status of lawyers at the beginning of sovereign and democratic India is accounted as extremely vital in deciding that the nation's administration was to be governed by the rule of law."
4. In S.M. Anantha Murugan Vs. The Chairman, Bar Council of India, New Delhi (2015 (6) CTC 22), the following judgments have been quoted with profit:
"13..........................
(i) In O.P. Sharma v. High Court of Punjab & Haryana, (2011) 6 SCC 86, paragraph 17 of the Judgment reads as follows:-
"17. The role and status of lawyers at the beginning of sovereign and democratic India is accounted as extremely vital in deciding that the nation's administration was to be governed by the rule of law. They were considered intellectuals amongst the elites of the country and social activists amongst the downtrodden. These include the names of a galaxy of lawyers like Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru, Bhulabhai Desai, C. Rajagopalachari, Dr. Rajendra Prasad and Dr. B.R. Ambedkar, to name a few. The role of lawyers in the framing of the Constitution needs no special mention. In a profession with such a vivid history it is regretful, to say the least, to witness instances of the nature of the present kind. Lawyers are the officers of the court in the administration of justice."
(ii) In R.D. Saxena v. Balram Prasad Sharma reported in (2000) 7 SCC 264, it was held that a social duty is cast upon the legal profession to show the people a beacon light by their conduct and actions. The poor, uneducated and the exploited mass of the people need a helping hand from the legal profession, admittedly, acknowledged as a most respectable profession.
(iii) Para 40 of the Judgment of the Hon'ble Apex Court in Sudhav President, Advocates' Association, Chennai reported in (2010) 14 SCC 114 reads as follows:
"40. The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification prescribed by different universities, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the court. The legal profession is different from other professions in that what the lawyers do, affects not only an indiv
