SC criticises lawyers for misconduct
The Supreme Court has come down heavily on the lawyers for generally observed “misconduct” during the bar association elections throughout the country painting the entire legal fraternity in poor light.
“Legal profession is different from other professions as what the lawyers do, affects not only individual but the administration of justice which is the foundation of the civil society,” said a bench of Justices J.M. Panchal and Gyan Sudha Misra in a stinging verdict on lawyers’ conduct during the bar elections.
The apex court said that the lawyers had an image of “leading members of intellegencia of the society and as an intelligent citizen, hence a “an advocate has to conduct himself as a model for the others both in his professional and his private and public life.”
Stating that the bar associations were formed to “show the strength” of lawyers in the of necessity, therefore, they were expected to exercise their franchise to elect the members of the bar “peacefully” and in an “exemplary manner”.
“The lawyers while exercising vote in an election of the office bearers of the bar association must conduct themselves in an exemplary manner. Those who are concerned about the high standard of the profession and are supposed to take appropriate action to see that the election takes place peacefully and in an organised manner,” the top court said.
But many a times it had been observed that even those who were not lawyers by profession got entry into the bar association rooms by merely putting the “black coat” amidst high-pitched campaign.
“Such elements take undue advantage of the situation and bring a bad name to the association of the advocates,” the apex court said.
The strong observations came in a judgement challenging certain amendment in the bar association rules for holding election ordered by the Madras high court laying down a “code of conduct” and fixing entry fee of `2,000 per annum for every member, besides yearly subscription in the range of `1,000 and `2,000 for junior and senior members.
Some lawyers challenged the HC order in the Supreme Court and the apex court dismissed the petition, saying neither the amount fixed was “exorbitant” nor the laid down code of conduct was unreasonable.
Besides, it was provided in the code that a lawyer would have to pay `5,000 fine for revival of his bar membership if he or she does not pay the annual entry fee and subscription.
Imposition of such fine for reviving of the membership “can hardly be regarded as arbitrary,” the apex court said while dismissing the petition.
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