Ayyangar J. - (1.) The proper construction of Art. 145(1)(a) of the Constitution in the context of a prayer for a declaration that Rule 16 of Order IV of the Supreme Court Rules is invalid is the principal point raised in this petition which has been filed by an Advocate who under the Advocates Act, 1961 is entitled to practise in this Court.
(2.) The petitioner was enrolled in the Madras High Court on November 15 1955 under the Indian Bar Councils Acct, 1926 and was admitted to the rolls of this Court on October 29, 1960 under Order IV of the Supreme Court Rules as they then stood. She states that as an Advocate entitled to practise in this Court, she is entitled as of right not merely to plead but also to act, and that the rules of this Court which prescribe qualifications before she could be permitted to act are therefore invalid. The prayer which she makes by her petition is therefore for a declaration that Rule 16(1) of Order IV of the Supreme Court Rules as amended in 1962 which contains this prescription of qualification be declared ultra vires of this Court and a further declaration that she is entitled to practise as an Advocate on record in this Court without conforming to the requirements now imposed by the impugned rule.
(3.) Rule 16 whose validity is challenged runs: "16. No Advocate shall be qualified to be registered as Advocate on Record unless he- 1. has undergone training for one year with an Advocate on Record approved by the Court, and has thereafter passed such tests as may be held by the Court for Advocates who apply to be registered as Advocates on Record, particulars whereof shall be notified in the Gazette of India from time to time; provided however that an Attorney shall be exempted from such training and test: 2. has an office in Delhi within a radius of 10 miles from the Court House and gives an undertaking to employ, within one month of his being registered as Advocate on Record, a registered clerk; and 3. pays a registration fee of Rs. 25/-". It might be mentioned that under the Rules though every Advocate whose name is maintained in the common roll of Advocates prepared under S. 20 of the Advocates Act, is entitled to plead, only those Advocates who are registered as "Advocates on record" are entitled to act as well, for Rule 17 of Order provides: "17. An Advocate on Record shall be entitled to act as well as plead for any party in a proceeding on his filing in the proceeding a memorandum of appearance accompanied by a Vakalatnama duly executed by the party in the prescribed form. No Advocate other than an Advocate on Record shall be entitled to file an appearance of act for a party in the Court.";