VidhiSangh

Supreme Court of India · 28/01/2019

R. MUTHUKRISHNAN versus THE REGISTRAR GENERAL OF THE HIGH COURT OF JUDICATURE AT MADRAS

[2019] 1 S.C.R. 589 · 2019 INSC 99

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Summary

Madras High Court Rules 14-A to 14-D, introduced in May 2016, were struck down as exceeding Section 34 of the Advocates Act. They created a disciplinary mechanism to debar advocates for misconduct, intruding on the Bar Councils’ statutory jurisdiction. The Court distinguished legitimate regulation of appearances, contempt-based restrictions and control of Advocate-on-Record privileges from taking over professional discipline. Serious court disruption did not authorise that statutory encroachment.

Issues

  1. Whether Section 34 authorised High Court rules creating a disciplinary inquiry and debarment regime for advocate misconduct.
  2. How such discipline differed from court control of appearances and contempt jurisdiction.

Provisions considered

Held

Result

Writ petition allowed; Madras High Court Rules 14-A to 14-D as framed in May 2016 struck down as ultra vires Section 34 of the Advocates Act and quashed. No costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 589.