- (1.) The petition under Article 226 of the Constitution has been filed and argued in person by an Advocate enrolled with the Bar Council of Uttar Pradesh, seeking to challenge the constitutional validity of the provisions of Rule 3-A of Chapter XXIV of the Allahabad High Court Rules, 1952(Rules of 1952). This rule was made in exercise of powers conferred by Section 34 (1) of the Advocates Act, 1961 and was notified on 26 May 2005. Rule 3-A is in the following terms: "3-A. (i) Unless the Court grants leave, an Advocate who is not on the Roll of Advocates in the High Court at Allahabad or Lucknow shall not be allowed to appear, act or plead in the High Court at Allahabad or Lucknow as the case might be unless he files appointment along with an Advocate who is on such roll for Allahabad Cases at Allahabad and for Lucknow Cases at Lucknow. (ii) The High Court shall prepare a Roll of Advocates in Parts 'A' and 'B' of those who ordinarily practise in the High Court, Part 'A' for Allahabad and Part 'B' for Lucknow. (iii) The roll of advocates shall bear in regard to each advocate entered, his full name, father's name, passport size coloured photographs, enrolment number, date of enrolment, complete postal address both of residence and office which shall be in the municipal limits of the city of Allahabad or Lucknow as the case might be. (iv) The rolls shall be prepared and revised periodically in the manner and under the authority as may be prescribed by the Chief Justice. (v) This Rule 3-A shall come into force after notification by the Chief Justice that both the Rolls for Allahabad and Lucknow in Parts 'A' and 'B' are complete."
(2.) The Advocates Act, 1961(Act of 1961) was enacted by Parliament to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. The Statement of Objects and Reasons accompanying the introduction of the Bill in Parliament provided that the main features of the Bill were: "(1) The establishment of an All India Bar Council and a common roll of advocates, and advocates on the common roll having a right to practise in any part of the country and in any Court, including the Supreme Court; (2) The integration of the bar into a single class of legal practitioners known as advocates; (3) The prescription of a uniform qualification for the admission of persons to be advocates; (4) The division of advocates into senior advocates and other advocates based on merit; (5) The creation of autonomous Bar Councils, one for the whole of India and one for each State."
(3.) Sub-section (2) of Section 1 of the Act of 1961 provides that the Act extends to the whole of India. Sub-sections (3) and (4) of Section 1 of the Act of 1961 provide for the date or dates on which the provisions of the Act would come into force and are in the following terms: "(3) It shall, in relation to the territories other than those referred to in sub-section (4), come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. (4) This Act shall, in relation to the State of Jammu and Kashmir and the Union Territory of Goa, Daman and Diu, come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for different provisions of this Act.";