Chennai: Regretting that a significant proportion of the lawyer community in the state had degenerated to dangerous and damaging lows, which could seriously mar the justice delivery system, the Madras high court on Friday tightened norms for the Bar Council elections on March 28 to ensure that only candidates with “continuous practice and contribution to the development of law” could contest.
Noting that the Bar Council is responsible for the administration of legal profession and for legal education in India, a division bench comprising Justices N. Kirubakaran and R. Tharani said in a landmark judgment that it was “shameful and unfortunate” that the election to the Bar Council of Tamil Nadu and Puducherry (BCTP) is being conducted “like high stake bye-election where the political parties will throw enormous money to woo the voters”.
The court said while in the political election, the voters might not be knowing the value of their votes and so willingly succumbed to the lure of money at polls, it was distressing that even the supposedly educated lawyers were known to be yielding high bribes from the candidates for their support. Mostly persons of dubious standing in the profession “without any practice in law, much less any good practice are elected”, said the bench while passing orders on the petitions filed by two advocates relating to the new rules framed by the Special Committee, which had prescribed qualifications and disqualifications for the March 28 poll.
“Bribery, corruption, money power, caste card, violence, selling and buying votes, malpractices” are synonyms of the Indian election process. The ensuing Bar Council election to be held on March 28 is not an exception. It is shameful and unfortunate that election to Bar Council of Tamil Nadu and Puducherry (BCTP) is conducted like a high stake by-election where political parties will throw enormous money to woo voters, said the Madras high court.
“In the by-elections, the uneducated voters who may not be knowing the value of their votes and for that matter, even the educated persons are freely selling their votes for the sake of money and liquor. It is shocking to note that many members of the legal profession who are supposed to be learned and noble, are subjecting themselves to be sold for money, liquor and foreign tours. This has been exactly stated by the advocate general of Tamil Nadu and ex-officio chairman of Bar Council in his letter addressed to the Bar Council of India (BCI) on January 24”, said a division comprising Justices N. Kirubakaran and R. Tharani, while passing orders on the petitions filed by two advocates relating to the new rules framed by the special committee, prescribing qualifications and disqualifications for candidates to contest the election to BCTP.
Writing the judgment for the Bench, Justice N. Kirubakaran said mostly, persons, who make money through real estate business and not practicing in courts, having communal backing, distributing free gifts, spending in lakhs and even more than a crore, without any practice in law, much less any good practice, are elected. If this is the quality of members elected, one can imagine as to who they would discharge their functions as members of the statutory body which prescribes standards of legal education, professional conduct and etiquette for advocates, the bench added.
The bench said those who profess legal profession should have high standards, morals and ethics and they have got a duty to the court, to the clients, to the other side and to the society. Their behaviour should be honourable and it should command respect among the public. A very high standard is expected from the Bar Council members, as they are responsible for the administration of the legal profession and for legal education in India, which would ultimately decide about the quality of justice delivery system in our country. The courts have to depend upon the Bar council, law colleges and legal profession for suitable candidates for the purpose of presiding over the courts. The responsibilities of the Bar Council members are onerous and hence, they should not have any criminal background and misbehaviour which affects the moral turpitude, integrity and honesty, the bench added.
