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Supreme Court of India 2019-01-28 allowed

R. Muthukrishnan vs Registrar General of the High Court of Judicature at Madras

Bench: 2 — Arun Mishra

In Brief

An advocate challenged amended Rules 14A–14D of the Madras High Court (2016), which empowered courts to debar advocates from practice for misconduct such as bribery, record tampering, or disruption—without following Bar Council disciplinary procedures. The Supreme Court held these rules ultra vires Section 34 of the Advocates Act. While courts may regulate courtroom conduct and prevent contemners from appearing until they purge contempt, disciplinary power (suspending or revoking practice licenses) rests exclusively with Bar Councils. The Court emphasized that advocate independence is vital to democracy and rule of law. Though misconduct in the Madras High Court was grave, courts have adequate tools: contempt jurisdiction and referral to Bar Councils. Rules struck down; petition allowed.

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Advocates Act Bar Council Discipline Independence of Bar Judicial Independence Professional Misconduct Separation of Powers Constitutional Law Rule of Law Articles 14 and 19(1)(g) Contempt of Court Court Rules and Procedure Ultra Vires

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