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Constitutional · Reportable judgment

Nandini Sharma and Anr. vs Registrar Supreme Court of India and Ors.

Court
Supreme Court of India
Date
16 November 2022
Case No.
Writ Petition (Civil) No. 1087 of 2022
Result
Dismissed
Bench
K.M. Joseph, Hrishikesh Roy
Citation
[2022] 9 S.C.R. 760 : 2022 INSC 1209
Supreme Court Reports [2022] 9 S.C.R. 760 : 2022 INSC 1209
Headnote

Supreme Court Rules, 2013: Order IV, rr.1(b), 5, 7(c) – Validity of rr.1(b), 5, 7(c), challenged for being unreasonable, discriminatory, oppressive and in contravention of Arts.14 and 19(1)(g) of the Constitution – The said rules are made under Art.145 of the Constitution and confer certain rights therein exclusively on a category of Advocates described as Advocates on Record – According to petitioner, such a rule clothing a class of advocates with exclusive rights also runs counter s. 30 of the Advocates Act, 1961 – Held: Art.145 of the Constitution along with s.52(b) of the Advocates Act make it clear that the authority to make rules to provide for the persons who can act or plead in the Supreme Court is beyond challenge – Mere difficulty in working of law does not provide firm foundation to successfully raise a challenge to rules which are species of subordinate legislation and derive their origin from Constitutional provision – Requirement of passing an examination wherein the skills in various aspects are put to test, including the practices of the Court cannot be held to be unreasonable or arbitrary – Challenge against rules dismissed – Advocates Act, 1961 – ss. 30, 52(b) and 34 – Constitution of India – Art.145, 14 and 19(1)(g).

Dismissing the writ petition, the Court

HELD: In the working of any law, it is not unlikely that it may produce some difficulties but that hardly furnishes the firm foundation required in law to successfully lay a challenge to the provision which no doubt is species of subordinate legislation when particularly the power to make it has its origin in a constitutional provision which in this case is Article 145 of the Constitution. The insistence on the passing of an examination wherein the skills in various aspects are put to test, including practices of this Court cannot be dubbed in any manner as being unreasonable or arbitrary, that the Court should invalidate the said Rules. [Paras 10 and 11][765-E-F]

Mr. Arun Kumar and Another v. Supreme Court of India (2015) 16 SCC 57; Balraj Singh Malik v. Supreme Court of through its Registrar General India, 2012 SCC Online Del 897; In Re. Lily Isabel Thomas AIR 1964 SC 855 : [1964] 6 SCR 229 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by K. M. JOSEPH, J. 1. The delay of 11 days in refiling the writ petition stands condoned. 2. Application for permission to appear and argue in person is allowed. 3. The petitioner who has filed the writ petition under Article 32 of the Constitution of India lays a challenge to the Rule mentioned in the prayers which inter alia read as under:A. To declare as void the impugned Rule 1 (b) & Rule 5 & Rule 7 (c) of Order IV, the Supreme Court Rules, 2013, for being unreasonable, discriminatory, oppressive and in contravention of Article 14 & Article 19
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