Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2013: Order IV 7(c) 5 Supreme Court Rules rr.1(b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
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). |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 1209 |
Petitioner | Nandini Sharma And Anr. |
Respondent | Registrar Supreme Court Of India And Ors. |
SCR | [2022] 9 S.C.R. 760 |
Judgement Date | 2022-11-16 |
Case Number | 1087 |
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