Chennai: Condemning the Madras High Court for introducing a new set of disciplinary rules for advocates, a 65-year-old lawyer, V S Balakrishnan of Madurai, has decided to entrust his enrolment certificate (sannad) along with his court gown and neck band to the President of India.
Interacting with reporters at the district court here on Friday, the advocate Balakrishnan said that only the Bar Council of India is authorised to take action against the advocates if they receive any complaint against them. However, the Madras High Court recently introduced amendments to rules framed under S.34 (1) of the Advocates Act to take disciplinary action against the lawyer on its own. “It is against the spirit of the Indian constitution,” he said.
Furthermore, when the advocates take oath at the time of enrolment with bar council, he promises “To uphold the constitution of India and rule of law.” Hence the court can’t introduce amendments to take disciplinary action against them, he said.
As the President of India is the custodian of the Indian constitution, Balakrishnan has sent representation to him on June 16 asking him to advise the high court to function within its limits. He had also sent a small booklet explaining the functioning of the Madras High Court.
“But so far the President of India has not taken steps to solve this issue. Hence I decided to entrust the enrolment certificate along with my court gown and neck band tomorrow,” he said.
