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        2016 (8) TMI 1609 - SC - Indian Laws

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        Right to practise law is subject to reasonable restrictions; High Court appearance rules were upheld as valid regulation. The Supreme Court of India upheld Rule 3 and Rule 3A of Chapter XXIV of the Allahabad High Court Rules, 1952 as valid regulatory measures. It held that ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Right to practise law is subject to reasonable restrictions; High Court appearance rules were upheld as valid regulation.

                            The Supreme Court of India upheld Rule 3 and Rule 3A of Chapter XXIV of the Allahabad High Court Rules, 1952 as valid regulatory measures. It held that the right to practise law under Article 19(1)(g) is subject to reasonable restrictions under Article 19(6), and that the impugned Rules regulated appearance before the High Court by requiring an advocate not on the relevant roll to appear with a local advocate, with leave of the Court still available. The Court further held that Section 30 of the Advocates Act, 1961 is subject to Section 34, which permits High Courts to prescribe conditions for practice before them. The Rules were therefore treated as reasonable restrictions in public interest.




                            Issues: Whether Rule 3 and Rule 3A of Chapter XXIV of the Allahabad High Court Rules, 1952 were unconstitutional or ultra vires on the ground that they restricted an advocate's right to practise and appear in court under Article 19(1)(g) of the Constitution of India and Section 30 of the Advocates Act, 1961.

                            Analysis: The Court held that the right to practise law is a fundamental right under Article 19(1)(g), but it is not absolute and remains subject to reasonable restrictions under Article 19(6). It found that the impugned Rules did not impose a prohibition on practice; instead, they regulated appearance before the High Court by requiring an advocate not on the relevant roll to appear with a local advocate, with leave of the Court remaining available. The Court also held that Section 30 of the Advocates Act, 1961 is subject to Section 34 of that Act, which empowers the High Court to make rules laying down conditions for practice before it. Emphasis was placed on the need for accountability, orderly functioning of the court, service of notices, and effective administration of justice.

                            Conclusion: The Rules were held to be valid regulatory measures and reasonable restrictions in public interest, not unconstitutional prohibitions. The challenge failed.


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                            ActsIncome Tax
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