The government also said that the Apex court and high courts have power under the Constitution to frame rules with respect to contempt of court by lawyers.
The Centre has suggested the Supreme Court make a ruling to debar lawyers for the commission of any offence involving moral turpitude as do other professions like medicine, CA and engineering, as the existing law for advocates is silent.
The government also said that the Apex court and high courts have power under the Constitution to frame rules with respect to contempt of court by lawyers.
Filing a compilation on the consequence of contempt in related professions other than law, the government said that in professions like medicine, architecture, engineering, charted accountancy, company secretary etc, the respective Acts regulate the professions by debarring professionals on the commission of an offence related to moral turpitude.
However, in the Advocates Act there is no provision to debar a lawyer who commits any serious offence involving moral turpitude. Even the Bar Council of India and the state bar councils have the power to suspend or disqualify only when the lawyer is found guilty of the offence, the government said.
Furthermore the Advocates Act does not have any provision to debar lawyers from the profession for commission of any serious offence like rape, murder or corruption etc.
Suggesting that the Supreme Court should interpret the law and rule on the issue, the government said "The Supreme Court of India should interpret section 24 A of the Advocates Act and give it wider meaning, including in its ambit the provision of debarring a professional if he commits an offence of moral turpitude.
"Every high court in India under section 34 (1) of Advocates Act and the Supreme Court under Article 145 of the Constitution of India has the power to frame rules with respect to the contempt of court committed by the lawyers," the government also said.
On November 26, while hearing a contempt plea against an advocate for contempt of one of the courts in Uttar Pradesh, the Apex court had sought the Attorney General's assistance. The court also asked him to give detailed legal provisions in regard to other professions dealing with debarring professionals for the commission of an offence involving moral turpitude.
The Allahabad High Court had found the lawyer guilty of contempt of court for his " repeated" misconduct towards a judge more than a decade ago . The lawyer was also restrained from appearing before the concerned trial judge in Etah.
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