Madras High Court’s New Disciplinary Rules for Advocates, notified

The Madras High Court has framed a set of disciplinary rules for advocates appearing before courts in the State of Tamil Nadu in exercise of the powers conferred by Section 34(1) of the Advocates Act. According to the amended rules:

  • The Court has power under Rule 14-A to debar advocates who accepts money in the name of a judge; or tampers with the Court record; or abuses a Judge/Judicial Officer; or spreads unsubstantiated allegations against a Judge/Judicial Officer; or participates in a procession inside the Court campus; or appears in the Court under the influence of liquor.
  • High Court has power under Rule 14-B to initiate action against the Advocate concerned and debar him from appearing before the High Court and all Subordinate Courts for any misconduct referred to under Rule 14-A. Where any such misconduct is committed before the Court of Principal District Judge, the Principal District Judge shall have the power to initiate action against the Advocate concerned and debar him from appearing before any Court within such District.
  • Where any such misconduct referred to under Rule 14-A is committed by an Advocate before any subordinate court, the Court concerned shall submit a report to the Principal District Court within whose jurisdiction it is situated and on receipt of such report, the Principal District Judge shall have the power to initiate action against the Advocate concerned and debar him from appearing before any Court within such District.
  • Rule 14-C prescribes that the High Court or the Court of Principal District Judge, as the case may be, shall, before making an order under Rule 14-A, issue to such Advocate a summon requiring the Advocate to appear and show cause against the matters alleged in the summons.
  • The High Court or the Court of Principal District Judge may, before making the Final Order under Rule 14-C, pass an interim order under Rule 14-D prohibiting the Advocate concerned from appearing before the High Court or Subordinate Courts, as the case may be, in appropriate cases.

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