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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.KALAIMATHI
S. Bhaskarapandian – Appellant
Versus
Chairman/Secretary, Bar Council of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. petitioner's difficulties in enrolment as an advocate. (Para 1 , 3) |
| 2. judicial precedents concerning criminal cases and enrolment. (Para 2 , 5) |
| 3. limits of judicial discretion in disqualifications. (Para 4 , 6) |
| 4. role and limitations of the high court regarding enrolment rules. (Para 7 , 8 , 9 , 10 , 11) |
| 5. consideration for a larger bench to resolve legal uncertainties. (Para 12 , 13) |
ORDER :
2. The petitioner faces a Himalayan impediment. A learned Judge of this Court in the decision reported in S.M. Anantha Murugan Vs. The Chairman, (2015) 6 CTC 22 had directed as follows :
When a Division Bench of this Court in S. Manikandan v. The Secretary, Tamil Nadu Bar Council in WP No. 2309 of 2016 on 21.10.2016 took a view that mere implication in a criminal case will not come in the way of one's enrolment as an advocate, the matter was referred to a Full Bench. The Hon'ble Full Bench in the decision reported in Chairman Vs. S.M. Anantha Murugan, (2017) 5 CTC 113 held as follows :
(I) Direction No.3 issued by the learned single Judge in S.M. Aantha Murugan Vs. The Chairman, Bar Council of India, New Delhi, (2015) 6 CTC 22 holds good.
(III) Direction No.3 issued by the learn
The right to practice law must adhere to explicit legislative provisions, where judicial directives cannot impose additional disqualifications beyond those established in statutes.
The court affirmed that pending criminal cases can disqualify candidates from enrollment as advocates, emphasizing the need for integrity in the legal profession.
The court mandated strict scrutiny of advocate enrollment applications, particularly for those with pending criminal cases or bogus qualifications, emphasizing the need for integrity in the legal pro....
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
Denial of enrollment based solely on the registration of an FIR for criminal offences is in direct conflict with the right to practice a profession or trade guaranteed by Article 19(1)(g) of the Cons....
The right to practice law as an advocate is a statutory privilege contingent upon meeting specific legal qualifications, not an absolute fundamental right.
The eligibility for enrollment as an advocate under the Advocates Act is contingent upon compliance with specific disqualifications, particularly concerning concurrent employment in government servic....
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