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

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:
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2. The primary duty of a lawyer is not just to defend his client to
the best of his ability but to uphold, above all, the letter and
spirit of the constitution to the best of his understanding, to do
right and justice according to law without fear or favour to all.
A lawyer is first an officer of court and should thus assist the
courts, the guardian of the Constitution and law, in imparting
justice, and the guiding principle and foundation for this must
rest on the Preamble of the Indian Constitution. However all
these actions must be complemented with mercy, then only
nobility will glow – and this profession rides on nobility.
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3. My father, as the Advocate General, once appeared in a case
for the State of Uttar Pradesh against a jailed politician (Sri
Ram Manohar Lohia). That person decided to represent
himself, without engaging an advocate and argue his case
himself. Since the Lucknow Jail, wherein he was residing, had
no 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 and
carry the same to the Lucknow Jail, along with other law
books that Sri Ram Manohar Lohia requested, to enable him
to consult and prepare for his arguments in court.
Sri Lohia in the open court stated that he would not have
been able to present his case as well as he did without the
help extended by the Advocate General of Uttar Pradesh.
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4. When people came to know of this they inquired as to why he was
assisting 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.
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5. The judiciary is the guarantor of liberty and rights and is the
arbiter of differences. It is responsible, in its wisdom and
authority, to achieve this goal, recognising the rule of law and
maintaining the balance of justice to all evenly, impartially and
independently, without fear, favour or ill-will and with the
sense of justice preceding law. Justice must not be denied,
delayed or sold but be delivered with efficiency and integrity. It
is through this endeavour to do what is right, that this
institution becomes the cradle and temple of justice and its
grandeur further glows when it showers mercy. Only then the
letter and spirit of the Constitution of India is upheld supreme,
the law of the land is honoured and the rule of law leads to the
nation building.
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6. Law furnishes only the skeleton of any system of Judicial
administration. The muscle and the sinews, the
suraging blood, that gives to an institution, like the High
Court, its strength, its resilience and even its glory are
furnished by its traditions.
Each judge and lawyer leaves behind him, in the wake
of his advancing footprints, an aura, invisible and
tangible, that makes up and enriches that tradition. It is
only the memory of that tradition, co-opted along the
corridor of time that shapes individual and collective
action of a newer generation.
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7. As a law officer this overrides even my endeavour to win a
case – for in equality, with honour and honesty, the country is
best served. The judicial wheel is rounded with equality, oiled
with honour and functions smoothly with honesty –
principally when both members of the Bench and Bar
shoulder their responsibilities seriously.
My duty as a law officer is to uphold the letter and spirit of
the Constitution of India as well as see that the law of the
land is kept intact. I am assisting in searching for the truth to
help the honourable court reach a correct decision – thus the
values, letter and spirit of the Constitution of India will be
upheld. All law officers of the court should strive, to the best
of their ability, to attain this.
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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: munindramisra@gmail.com
Composed, Printed & Published by Sri Munindra Misra
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