Bar of Indian Lawyers Vs D. K. Gandhi PS National Institute of Communicable Diseases and Anr. (Supreme Court)
The case of Bar of Indian Lawyers Vs. D. K. Gandhi PS National Institute of Communicable Diseases and Anr. presented before the Supreme Court of India revolves around whether legal services provided by lawyers fall within the scope of consumer protection laws, specifically the Consumer Protection Act, 1986, now updated as the Consumer Protection Act, 2019.
The court acknowledged the noble nature of the legal profession, emphasizing lawyers’ multifaceted duties, which include not only serving clients but also assisting the court in achieving justice. This unique role, the court noted, distinguishes the legal profession from others, making it sui generis, or in a class of its own.
Examining the legislative intent behind consumer protection laws, the court delved into international practices and resolutions, highlighting the focus on safeguarding consumer interests against unfair trade practices. It noted that the primary objective of such laws is to ensure consumer rights are protected in the marketplace, especially against the dominance of large trading and manufacturing entities.
The court also explored international examples where legal professionals are explicitly excluded from consumer protection laws, citing legislation from Malaysia, the European Union, the United States, Quebec, and the District of Columbia. These exclusions, the court argued, reflect a recognition of the unique nature of the legal profession and the fiduciary duties lawyers owe to their clients.
