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2021 Supreme(Mad) 2782

N.KIRUBAKARAN, R.PONGIAPPAN
V. Madhesh – Appellant
Versus
Secretary, Bar Council of Tamil Nadu and Puducherry – Respondent


Advocates:
Advocate Appeared
For the Appellant : Mr.R. Shanmugasundaram, Mr.S. Ravi
For the Respondent: Mr. J. Pothiraj, Mr. C.K. Chandrasekar, Mr.M.R. Thangavel, Mr.R. Nalliyappan, Mr. R. Ramanlaal, Mr.T.M. Hariharan

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. 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 (!) (!) .

  2. 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 (!) (!) .

  3. 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 (!) (!) .

  4. 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 (!) (!) .

  5. 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 (!) (!) (!) .

  6. 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 (!) (!) (!) .

  7. 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 (!) (!) .

  8. 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 (!) (!) .

  9. 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 (!) (!) (!) .

  10. 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 (!) (!) .

  11. 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:-

    “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.

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