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List of Abbreviation
List of Authorities
Statement of Jurisdiction
Statement of Facts
Issues Raised
Summary of Arguments
Arguments Advanced
Prayer
LIST OF ABREVIATIONS
AIR
Ltd.
Note
SCC
v.
Edition
Honourable
Another
Others
Forum for Ethics in Legal Profession
Volume
Supreme Court
Number
Public Interest Litigation
Ibid
Union of India
Chief Justice
Page
Paragraph
Limited
Footnote
Supreme Court Cases
Versus
INDEX OF AUTHORITIES
STATUTES
1.
9.
10.
11.
12.
13.
Durga Das Basu, Introduction to the Constitution of India (22nd ed., 2016)
Prof. M.P Jain, Indian Constitutional Law (7th ed., 2016)
Sanjiva Row &Akshay Sapre, The Advocates Act, 1961 (9th ed., 2016)
Henry Campbell Black, Blacks Law Dictionary (6th ed.)
75th Law Commission Report of India, 1978
Page 4 of 17
STATEMENT OF JURISDICTION
The respondents have been approached to this Honble Court under Article 32 of the
Constitution of India.
Page 5 of 17
STATEMENT OF FACTS
1. The concept of Dharma has provided the rationale wherein every individual can enjoy
a life of quality, adhering to the noble institutions and professions, pursuing a higher
standard of accountability.
2. In India, professions were not regulated by anybody, whether statutory or otherwise,
because of the trust the society reposed in them. The society relied upon regulation
by self of professions and felt that regulation by professions peers was the best way
to regulate professions.
3. In Dakshin Pradesh, a state in the Union of India, the professional ethics were
zealously adhered to and it has the legacy of contributing great legal luminaries.
4. The Advocates Act was enacted in 1961and contains Section 34 (1), empowering the
High Court to make rules for the conditions subject to which an Advocate shall
practise in the Court. Even Article 145 of the Constitution of India, empowers the
Supreme Court to make rules regulating the practise and procedure of the court.
5. Owing to the conduct of certain members of the Bar, the High Court of Dakshin
Pradesh has framed rules according to which, it shall have power to debar any
Advocate who is not found in proper conduct.
Page 6 of 17
ISSUES RAISED
ISSUE I - WHETHER
THE
SECTION 34
OF
THE
IS
CONSTITUTIONALLY VALID?
ISSUE II WHETHER
UNDER
SECTION 34
HIGH COURT
OF
DAKSHIN PRADESH
Page 7 of 17
SUMMARY OF ARGUMENTS
ISSUE I - WHETHER
THE
SECTION 34
OF
THE
IS
CONSTITUTIONALLY VALID?
It is most humbly submitted that the Section 34 of the Advocates Act, 1961 is constitutionally
valid as a number of judicial pronouncements have been made in favour of the High Courts
framing rules under Section 34. In the case of R.K Anand v. Registrar, Delhi High Court 1, the
Supreme Court directed the High Court to frame rules to limit the misconduct of the
advocates. This direction of the Supreme Court itself implies that Section 34 of the said act
has a constitutional basis. Further, it has also been held that right to practise is a genus of
which right to appear and conduct cases in the court might be specie. The courts have opined
that under Section 34 of the said act, the High Court has the power to frame rules in relation
to the right to appear before the courts of the advocates. This has been done in the present
case where the High Courts of Dakshin Pradesh has framed rules to debar an advocate only
from that court. Thus, it is contended that section 34 has a strong constitutional basis.
SECTION 34
HIGH COURT
OF
DAKSHIN PRADESH
It is most respectfully submitted that the rules framed by the High Court of Dakshin Pradesh
under Section 34 of the Advocates Act, 1961 doesnt impose any unreasonable restriction on
any fundamental right. It has been considered that right to practise of an advocate is a
fundamental right but no right is absolute in nature and is subject to reasonable restrictions
under Article 19 (6). The restrictions imposed are not excessive in nature and shall be in the
interest of the general public. It will work in the direction of preserving good conduct in the
High Courts. Section 34 of said act empowers the High Court to frame rules laying down the
conditions subject to which an advocate shall practise in the court. In this manner the rules
have been framed consistent to the legislative decree. Similar powers have also been given
under Article 145 of the Constitution to the Supreme Court. Hence, the provisions of Section
34 are not contrary to the Constitutional provisions.
ARGUMENTS ADVANCED
I.
It is most humbly submitted that the Advocates Act, 1961 in its Section 34 empowers the
High Courts to frame rules, permitting an advocate to practise in the respective High Court
and the Courts subordinate thereto. Section 34 of the Advocates Act, 1961 reads as Power of
High Courts to make rules- (1) The High Court may make rules laying down the conditions
subject to which an advocate shall be permitted to practise in the High Court and the courts
subordinate thereto. [(1A) The High Court shall make rules for fixing and regulating by
taxation or otherwise the fees payable as costs by any party in respect of the fees of his
adversarys advocate upon all proceedings in the High Court or in any Court subordinate
thereto.] [(2) Without prejudice to the provisions contained in sub-section (1), the High Court
at Calcutta may make rules providing for the holding of the Intermediate and the Final
examinations for articled clerks to be passed by the persons referred to in section 58 AG for
the purpose of being admitted as advocates on the State roll and any other matter connected
therewith.]
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WHETHER
UNDER
SECTION 34
HIGH COURT
OF
DAKSHIN PRADESH
It is pertinent to point out that the High Court has framed rules adhering to the directions of
the Supreme Court in the R K Anand v. Registrar, Delhi High Court12. Paragraph 147 of this
judgment of this court, reads In order to avoid such controversies in the future all the High
Courts that have so far not framed rules under Section 34 of the Advocates Act, 1961 are
directed to frame the rules without any further delay. It is earnestly hoped that all the High
Court shall frame the rules within four months from today.
Also, paragraph 146 the judgement reads as Ideally every High Court should have rules
framed under section 34 of the act, I order to meet with such eventualities but even in the
absence of the role, the High Court cannot be held to be helpless against such threats. In a
matter as fundamental and grave as preserving the purity of Judicial Proceedings, the High
Court would be free to exercise the powers vested in it under Section 34 of the act
notwithstanding the fact that rules prescribing the manner of exercise of power have not been
framed.
11 Supra note 1
12 Id
Page 12 of 17
16 Supra note 1
17 2 Page 2 of Factsheet
18 Supra note 11
19 Shashi Kant Upadahyay Advocate v. High Court of Judicature at Allahabad, AIR 2015
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PRAYER
Wherefore, in the light of the questions raised, arguments advanced and authorities cited, it
is most humbly prayed and implored before the Honble Supreme Court of India that it may
be pleased to hold, adjudge, declare and;
Pass an order that Section 34 of the Advocates Act, 1961has a strong constitutional
basis;
Also,
Pass an order that the rules framed under Section 34 of the Advocates Act, 1961do
not impose any unreasonable restriction upon any fundamental right of the
Advocates;
And,
Also, pass further orders as the Honble Supreme Court may deem fit and proper in
the facts and circumstances of the case.
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