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Primary Duty of an Officer of Court (Advocate/Lawyer/Solicitor)


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Primary Duty of an Officer of Court (Advocate/Lawyer/Solicitor)
- Pt. Kanhaiya Lal Misra, Ex Advocate General U.P., India

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Primary Duty of an Officer of Court (Advocate/Lawyer/Solicitor)

  1. 1. Primary Duty Of A Law Officer Who is a lawyer and what is the lawyer’s primary duty? This question has been discussed many a time at our residence – especially whenever my father was engaged in cases where in a conflict of interest was imminent or arose between his client, the opposite party and the Constitution of India. My father was lucidly clear in Pt. K.L. Misra his thought and would say:Web Family Total 1
  2. 2. The primary duty of a lawyer is not just to defend his client tothe best of his ability but to uphold, above all, the letter andspirit of the constitution to the best of his understanding, to doright and justice according to law without fear or favour to all.A lawyer is first an officer of court and should thus assist thecourts, the guardian of the Constitution and law, in impartingjustice, and the guiding principle and foundation for this mustrest on the Preamble of the Indian Constitution. However allthese actions must be complemented with mercy, then onlynobility will glow – and this profession rides on nobility. Web Family Total 2
  3. 3. My father, as the Advocate General, once appeared in a casefor the State of Uttar Pradesh against a jailed politician (SriRam Manohar Lohia). That person decided to representhimself, without engaging an advocate and argue his casehimself. Since the Lucknow Jail, wherein he was residing, hadno law library, he did not have easy excess to law books.My father decided to help him.He would search for relevant judgements and case laws andcarry the same to the Lucknow Jail, along with other lawbooks that Sri Ram Manohar Lohia requested, to enable himto consult and prepare for his arguments in court.Sri Lohia in the open court stated that he would not havebeen able to present his case as well as he did without thehelp extended by the Advocate General of Uttar Pradesh. Web Family Total 3
  4. 4. When people came to know of this they inquired as to why he wasassisting his opponent in this manner and he replied: He is not my opponent. Every person in India must have equal opportunity when standing for trial and so have his or her day in court. As a law officer it is my duty to assist the courts in finding the truth and interpreting the law accurately, so that the courts may reach a correct decision and uphold the law in all aspects. My aim is to see that the truth is unveiled and the law clearly presented, thereby assisting the honourable court in arriving at the correct decision when pronouncing its judgement. Web Family Total 4
  5. 5. The judiciary is the guarantor of liberty and rights and is thearbiter of differences. It is responsible, in its wisdom andauthority, to achieve this goal, recognising the rule of law andmaintaining the balance of justice to all evenly, impartially andindependently, without fear, favour or ill-will and with thesense of justice preceding law. Justice must not be denied,delayed or sold but be delivered with efficiency and integrity. Itis through this endeavour to do what is right, that thisinstitution becomes the cradle and temple of justice and itsgrandeur further glows when it showers mercy. Only then theletter and spirit of the Constitution of India is upheld supreme,the law of the land is honoured and the rule of law leads to thenation building. Web Family Total 5
  6. 6. Law furnishes only the skeleton of any system of Judicialadministration. The muscle and the sinews, thesuraging blood, that gives to an institution, like the HighCourt, its strength, its resilience and even its glory arefurnished by its traditions.Each judge and lawyer leaves behind him, in the wakeof his advancing footprints, an aura, invisible andtangible, that makes up and enriches that tradition. It isonly the memory of that tradition, co-opted along thecorridor of time that shapes individual and collectiveaction of a newer generation. Web Family Total 6
  7. 7. As a law officer this overrides even my endeavour to win acase – for in equality, with honour and honesty, the country isbest served. The judicial wheel is rounded with equality, oiledwith honour and functions smoothly with honesty –principally when both members of the Bench and Barshoulder their responsibilities seriously.My duty as a law officer is to uphold the letter and spirit ofthe Constitution of India as well as see that the law of theland is kept intact. I am assisting in searching for the truth tohelp the honourable court reach a correct decision – thus thevalues, letter and spirit of the Constitution of India will beupheld. All law officers of the court should strive, to the bestof their ability, to attain this. Web Family Total 7
  8. 8. Extracts from: © Munindra Misra 2012 No part may be reproduced in any form or by any means without the prior written consent of the author. Email: Composed, Printed & Published by Sri Munindra Misra Web Family Total 8