Autonomy Of The Bar Cannot Be Taken Over By The Court: SC Quashes Madras HC 'Disciplinary Rules' For Lawyers
6 years, 2 months ago

Autonomy Of The Bar Cannot Be Taken Over By The Court: SC Quashes Madras HC 'Disciplinary Rules' For Lawyers

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The Supreme Court has quashed Rules 14- A to 14-D of the Rules of High Court of Madras, 1970 holding that they are ultra vires to Section 34 of the Advocates Act and usurps the power of the Bar Council in Disciplinary matters. The bench comprising Justice Arun Mishra and Justice Vineet Saran observed that the Advocates Act never intended to confer the disciplinary powers upon the High Court or Supreme Court except to the extent dealing with an appeal under Section 38 of the Act. The Challenge A lawyer, R. Muthukrishnan, had filed a writ petition before the Apex court challenging vires of amended Rules 14-A, 14-B, 14-C and 14-D of the Rules of High Court of Madras, 1970 made by the High Court of Madras under section 34 of the Advocates' Act, 1961. Amounts To Usurpation Of The Power Of Bar Council Referring to the provisions of the Advocates Act, the bench observed that, the Act has never intended to confer the disciplinary powers upon the High Court or upon this Court except to the extent dealing with an appeal under Section 38.

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