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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, R. PONGIAPPAN, JJ.
V. Madhesh – Appellant
Versus
Secretary, Bar Council of Tamil Nadu and Puducherry, - Respondent
W.P. No. 1571 of 2019
Decided on : 20-01-2021
Constitution of India, 1950 - Article 19, 227, 145(1)(a) - Advocates’ Act, 1961 - Section 6(1)(dd) and 34(1) - Tamil Nadu Advocates’ Welfare Act, 1987 - Section 9A, 13, 14 and 14A - Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 - Rules 6, 9, 14, 15, 18, 21 and 22 - Maharashtra Cooperative Societies Act 1960 - Legal Profession - Advocates - Photographs of Office Bearers - Legal profession is a sevice-oriented noble profession - Front line leaders who fought for independence of country were Advocates - Important issue thrown up by this case and that causes Court both grave concern and dismay is decline of ethical and professional standards among lawyers - Conduct of two appellants both of them lawyers of long standing, and designated Senior Advocates, should not be seen in isolation – Held, An allegation has been made against deceased/3rd respondent that he used to print his photograph on calendars issued by Bar Association and names in vakalath along with their position in association, this Court feels that attempt of some of office bearers to print their photographs in calendars and their position in association in vakalath is only to influence Judges and it should be prohibited - It is appropriate to direct Bar Council to direct Advocates/Bar Associations not to print photographs of office bearers in calendars as well as their names along with their position in association in vakalath - Petition disposed of.
Based on the provided legal document, the key points are as follows:
The legal profession is recognized as a noble and service-oriented profession, with a history of leaders who fought for independence and contributed significantly to nation-building (!) (!) .
Maintaining high ethical and professional standards among lawyers is a matter of grave concern, as there has been a noticeable decline in professional norms and integrity, which adversely affects the administration of justice (!) (!) .
Election processes within Bar Associations and Bar Councils are often marred by malpractices such as money power, influence, bulk payments, and unethical practices aimed at influencing judicial officers and voters (!) (!) .
The importance of democratic and transparent election procedures is emphasized, with a focus on ensuring fair representation and preventing monopolistic control by a few office bearers (!) (!) .
The regulation of election norms, including the prohibition of continuous re-election of office bearers and the implementation of "one bar one vote" principles, is crucial to uphold democratic values within Bar Associations (!) (!) (!) .
The Court has the authority under constitutional provisions to oversee and regulate the functioning of Bar Associations, including the conduct of elections, appointment of election officers, and framing of rules to ensure fairness and transparency (!) (!) (!) .
Printing photographs of office bearers in calendars and their names with positions in vakalaths is discouraged, as such practices are perceived as attempts to influence judges and undermine ethical standards (!) (!) .
The Court has the power to appoint neutral election officers and oversee the election process to prevent malpractices, including the inclusion of outsiders as voters and attempts to manipulate election outcomes (!) (!) .
The Court has modified previous orders to permit elected office bearers to contest elections in alternate terms only, thereby promoting democratic participation and preventing monopolistic control (!) (!) (!) .
The Bar Council is directed to issue clear guidelines to Advocates and Bar Associations to adhere to these norms, including the prohibition of continuous re-election, printing photographs in calendars, and ensuring fair voter lists (!) (!) .
The overall aim is to strengthen democratic principles, uphold ethical standards, and ensure the integrity of elections within Bar Associations and related bodies, thereby safeguarding the administration of justice and public confidence in the legal system (!) (!) .
Please let me know if you need further analysis or specific legal advice based on these points.
ORDER :
N. KIRUBAKARAN, J.
Elections to Advocates Associations or Bar Council are no different from general election to legislature in which invariably, to woo the electorate, Communal, religious, political cards etc., are played;
Money power is exhibited;
Liquor is generously offered.
1. Due to unavoidable above corrupt practices, election process in our country has become a mockery.
2. Legal profession is a sevice-oriented noble profession. The front line leaders who fought for the independence of our country were Advocates. Most of the constituent assembly members were lawyers. The nobility of the legal profession has been expressed in many judgements of the Honourable Supreme Court. The importance of the legal profession, the high standards to be maintained and the ethics to be followed by the Advocates are given in detail in those judgments and a few are as follows:
(i) In O.P. Sharma v. High Court of Punjab & Haryana, (2011) 6 SCC 86, paragraph 17 of the Judgement reads as follows:-
(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 Judgement of the Hon'ble Apex Court in Sudha v. 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 individual but the administration of justice which is the foundation of the civilised society. Both as a leading member of the intelligentsia of the society and as an intelligent citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The different Associations of the members of the Bar are being formed to show the strength of lawyers in case of necessity. The lawyer while exercising vote in an election of office bearers of the Association must conduct himself in an exemplary manner. Those who are concerned about the high standard of the profession are supposed to take appropriate action to see that the election takes place peacefully and in an organised manner.” (Emphasis supplied)
(iv) In V.C. Rangadurai v. D. Gopalan, reported in (1979) 1 SCC 308, the Supreme Court outlined the importance of Advocates observing that nothing should be done by any member of the legal fraternity, which might lessen in any degree the confidence of the public, fidelity, honesty and integrity of the profession. The relevant paragraphs 4 and 5, read as follows:
“4. Law is a noble profession, true; but it is also an el
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