Supreme Court: Upholding the Constitutional validity of the provisions of Rule 3 and Rule 3-A of Chapter XXIV of the Allahabad High Court Rules, 1952, the Bench of Dr. A.K. Sikri and N.V. Ramana, JJ held that keeping in mind the administration of justice and regulating the Court proceedings and right to practice and right to appear before the high Courts and Subordinate Courts, power is conferred on the High Courts, to frame rules.
It was alleged by the appellant that the Rules put an unreasonable restriction on his right to practice as an Advocate and are also ultra vires the provisions of Section 30 of the Advocates Act, 1961 that provides for the right to practice of advocates in any Court. The impugned Rules put bar on the Advocate who is not on the Roll of Advocate or the Bar Council of the State to appear, act or plead before the High Court of Allahabad.
Stating that the right under Section 30 of the 1961 Act is subject to Section 34 which provides for power of the High Court to make rules, the Court held that the Act does not confer any absolute right to practice. The right can be regulated by the High Courts by prescribing conditions. If High Court keeping in mind, several relevant factors like the purity in administration of justice, the interest of the litigant public and easy availability of the advocate to assist the court for proper adjudication of the dispute pending before it or expeditious disposal of such proceedings or for any other valid or good reasons which High Court considered just and proper frames such rules. It was, hence, held that that Rules 3 and 3A of the Allahabad High Court Rules, 1952 are perfectly valid and legal and do not violate the right of the appellant under Article 19(1)(g) of the Constitution of India. [Jamshed Ansari v. High Court of Judicature at Allahabad, 2016 SCC OnLine SC 868, decided on 26.08.2016]
