R. Muthukrishnan v. Registrar General High Court of Judicature at Madras ( 20190 16 SCC 407

Advocates Act , 1961

S: 34 : Power of High Courts to make rules- Punishment of Advocates for misconduct – Independent Bar and Independent Bench form the backbone of the democracy – The Legal profession cannot be equated with any other traditional professions -It is not commercial in nature and is noble one considering the nature of duties to be performed and its impact on society – The role of a lawyer is indispensable in the system of delivery of justice – He is bound by the professional ethics and to maintain the high standard . [ S. 9, 33, 34 ,35, 37 , Constitution of India , Art , 32, 226, Madras High Court Rules , 1970 Rules, 14A, 14B, 14C , 14D ]

The petition was filed under Article 32 of the Constitution of India , questioning the vires of Rules 14A, 14B and 14D of the Madras High Court Rues , 1970  made by the Madras High Court under Section 34(1) of the Advocates  Act , 1961 . Allowing the petition and quashing the impugned provisions , the Supreme Court held that , Rules framed by the High Court appear to be encroaching on the disciplinary power of the Bar Council .  The  summary of the ratio is as under ;

-The confidence and reverence and positive thinking is the only way . It is pious hope  that Bar Council would improve upon the function of its Disciplinary Committees so as to make the  system more accountable , publish performance audit on the disciplinary side of  various Bar Councils .   

-Independent Bar and Independent Bench form the backbone of the democracy . In order to preserve the very independence , the observance of the constitutional values , mutual reverence and self- respect are absolutely necessary . Bar and the Bench are complementary to each other . Without active cooperation of the Bar and the Bench , it is not possible to preserve the rule of law and its dignity. Equal and even -handed justice is the hallmark of the judicial system . The protection of basic structure of the Constitutional rights is possible by the firmness of the Bar and the Bench and proper discharge of their duties and responsibilities. We cannot live in a jungle raj .   

-The legal profession cannot be equated with any other traditional professions. It is not commercial in nature  and is a noble one considering the nature and duties to be performed and its impact on the society .

– The role of a lawyer indispensable in the system of delivery of justice . He is bound by the professional ethics and to maintain the high standard . His duty is to the court, to his own client , to the opposite side , and to maintain the respect of the opposite party counsel also .   

– The high values of the noble profession have to be protected by all concerned at all costs and in all the circumstances cannot be forgotten even by the youngsters in the fight of survival in formative years . The nobility of the legal profession requires an advocate to remember that he is not over attached to any case as advocate does not win or lose a case, real recipient of justice is behind the curtain  who is at the receiving end . As a matter of fact , we do not give to the litigant anything except recognising his rights.

A litigant has  a right to be impartially advised by a lawyer . Advocates are not supposed to be money guzzlers or ambulance chasers. A lawyer should not expect any favour from the Judge and should not involve by any means in influencing the fair decision -making process. It is the duty to master the facts and the law and submit the same preciously in the court, his duty is not to waste the courts ; time.   ( WPNo 612 of 2016 dt 28 -1 -2019 )