Validity of Allahabad High Court Rules: Supreme Court Judgment Explained

The Supreme Court of India, in the case of Jamshed Ansari vs. High Court of Judicature at Allahabad & Ors., addressed the constitutional validity of Rule 3 and Rule 3A of Chapter XXIV of the Allahabad High Court Rules, 1952. The case centered around whether these rules imposed unreasonable restrictions on an advocate’s right to practice law and whether they were in violation of Section 30 of the Advocates Act, 1961.

The appellant, Jamshed Ansari, challenged the judgment dated 28.04.2015, passed by the Allahabad High Court, which had dismissed his writ petition contesting these rules. His primary contention was that these rules violated his fundamental right to practice as an advocate.

Background of the Case

The rules in question, Rule 3 and Rule 3A, were framed under Section 34(1) read with Section 16(2) of the Advocates Act, 1961. These rules impose restrictions on advocates not enrolled in the Uttar Pradesh State Bar Council from appearing, acting, or pleading in the Allahabad High Court unless they file an appointment alongside a local advocate.

The appellant filed a writ petition challenging these rules on the grounds that they imposed an unreasonable restriction on his right to practice law. However, the High Court dismissed the petition, citing that a similar challenge had been rejected in the case of Shashi Kant Upadhyay, Advocate vs. High Court of Judicature at Allahabad.

Arguments by the Petitioner

The petitioner, Jamshed Ansari, argued that:

• The right to practice law is a fundamental right under Article 19(1)(g) of the Constitution of India.
• Section 30 of the Advocates Act, 1961, grants all advocates the right to practice law in any court across India.
• The impugned rules create an unnecessary barrier by requiring non-local advocates to file an appointment alongside a local advocate.
• These restrictions deprive litigants of the right to engage an advocate of their choice, violating Article 22 of the Constitution.
• Similar rules in the Patna High Court were declared unconstitutional in Anju Mishra & Ors. vs. The High Court of Judicature at Patna.

Arguments by the Respondent

The High Court of Allahabad defended the rules, arguing that:

• Rules 3 and 3A were framed under Article 225 of the Constitution and Section 34 of the Advocates Act, 1961.
• The right to practice law is not absolute and is subject to reasonable restrictions under Article 19(6) of the Constitution.
• The rules ensure accountability among advocates practicing in the High Court.
• Maintaining a roll of advocates helps in service of notices and procedural compliance.
• The rules are regulatory, not prohibitory, and allow advocates to practice with the leave of the court.

Supreme Court’s Observations

The Supreme Court analyzed whether the rules imposed reasonable restrictions or outright prohibitions. It cited precedents, including N.K. Bajpai vs. Union of India, stating that the right to practice law is not absolute and can be regulated.

The Court noted:

“The right to practice law is a statutory right, not an absolute right. It is controlled by the provisions of the Advocates Act, 1961, as well as the rules framed under it.”

The Court also highlighted the importance of regulatory provisions for ensuring smooth administration of justice, stating:

“An advocate who is not on the rolls of the High Court can still appear, act, and plead with the leave of the court. Therefore, the impugned rules impose reasonable restrictions, not prohibitions.”

Rationale Behind the Judgment

The Supreme Court justified the rules on the following grounds:

• Ensuring Accountability: The rules help maintain a structured legal system by ensuring advocates practicing in the High Court are accountable.
• Administrative Efficiency: The roll of advocates helps streamline court procedures, including service of notices and case management.
• Public Interest: The rules prevent potential delays and procedural non-compliance by non-local advocates.
• Regulatory, Not Prohibitory: The Court emphasized that the rules do not outrightly prevent an advocate from practicing but merely require them to associate with a local advocate.

Conclusion

Based on these findings, the Supreme Court upheld the validity of Rules 3 and 3A of the Allahabad High Court Rules, 1952. It dismissed the appeal, affirming that these rules were within the constitutional and statutory framework. The judgment reinforces that while advocates have a statutory right to practice, this right is subject to reasonable regulations imposed in the interest of efficient administration of justice.

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Download Judgment: Jamshed Ansari vs High Court of Judica Supreme Court of India Judgment Dated 26-08-2016-1741878550303.pdf