Kerala HC expunges adverse remarks against a junior advocate under Article 227
CLAT PG ● Lower importance 24 October 2026
Kerala HC expunges adverse remarks against a junior advocate under Article 227

What happened

The Kerala High Court expunged adverse remarks recorded by a trial court against a young advocate, holding that judges must guide junior lawyers professionally rather than castigate them on record. The court stressed that the Bar's duty includes mentoring newcomers and that adverse judicial remarks, if unwarranted, can irreparably harm a young lawyer's career and reputation. The ruling reaffirms that expunging remarks is a supervisory remedy available when lower courts exceed proper judicial conduct.

Why it matters

When a court records adverse remarks against a lawyer in its order or judgment, those remarks become part of the permanent judicial record and can damage the advocate's professional standing. The power to expunge such remarks lies with the High Court in its supervisory jurisdiction under Article 227 of the Constitution, which gives it superintendence over all subordinate courts and tribunals within its territory.

The Kerala High Court's intervention here rests on a well-established principle: judicial criticism of counsel must be proportionate, warranted, and aimed at correcting conduct — not at punishing or embarrassing an advocate. When a trial court records remarks that are excessive, unsubstantiated, or targeted at a junior lawyer who was still learning professional norms, the High Court can exercise its supervisory power to expunge those remarks and restore the record.

For CLAT PG, this ruling intersects two tested areas: (1) the scope of Article 227 supervisory jurisdiction and the distinction between Article 226 (writ jurisdiction) and Article 227 (superintendence), and (2) the professional duties of advocates under the Advocates Act 1961 and Bar Council of India Rules. Courts have consistently held that the Bar and the Bench share a mutual obligation — the Bench to correct proportionately, the Bar to maintain decorum. Adverse remarks that exceed this standard are liable to be struck from the record.
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