D. Basu, J. - (1.) The Petitioners who are citizens of India, challenge the constitutionality of the Letters Patent of 1865, the Calcutta High Court (Jurisdictional Limits) Act, 1919 and Section 34 (2), (3) of the Advocates Act, 1961 on the ground that they offend Article 14 of the Constitution. In substance, the prayer of the Petitioners is that (a) the division of the jurisdiction of this High Court into Original and Appellate, in so far as they are founded on the foregoing laws, should cease to exist and (b) the classification of legal practitioners into Advocates, Barristers and the like should be replaced by a single integrated class of legal practitioners, namely, Advocates.
(2.) In view of the seriousness of the questions involved, instead of issuing a Rule nisi on the ex parte motion on behalf of the petitioners, the application was directed to be heard after serving notice upon the Opposite Parties. None of the Opposite Parties preferred to file any Affidavit-in-Opposition. The Attorney-General, upon whom a specific notice, was issued, declined to appear. The Union of India (O.P. 5) appeared through Advocate Mr. Ray, but at the hearing, he did not address the Court. Arguments were advanced by Mr. Sankar Ghose on behalf of the Bar Library Club (O.P. 7) and his arguments were generally supported by the Advocate-General, appearing on behalf of himself as well as the Chief Justice of this Court (O.P. 3) and the State of West Bengal (O.P. 6). Mr. Dutt, appearing on behalf of the Bar Association, supported the petition.
(3.) The Court, at this stage, is not called upon to go into the merits of the petitioners' case even from a prima facie standpoint, for it has been settled by a number of decisions of the Supreme Court that a Court cannot dismiss a petition under Article 226 in limine where the petition raises arguable issues. The only questions for determination at this stage, therefore, are (i) Whether the petition raises arguable issues; (ii) Whether such issues are justiciable; (iii) Whether the petitioners have locus standi to bring this petition; (iv) Whether there is any defect in the averments in the petition.;