Case Note & Summary
The case involved a challenge to the inclusion of names in a list of touts under the Supreme Court Rules, following a complaint from the Supreme Court Bar Association. The Registrar initiated proceedings against Sant Ram and Budh Dev Sharma, alleging they were engaging in touting activities. They contested the jurisdiction of the Registrar, claiming the rules were ultra vires the powers conferred by Article 145 of the Constitution. The Registrar overruled this objection and found sufficient evidence to include their names in the list of touts. The matter was escalated to the Constitution Bench due to the constitutional questions raised. The Court held that the rules were within the jurisdiction of the Supreme Court, emphasizing the need to regulate the conduct of advocates and their assistants to maintain the integrity of the legal profession. The Court rejected the argument that the rules infringed the right to livelihood under Article 21, stating that touts cannot claim rights in relation to Court business. The appeal was dismissed, affirming the Registrar's decision and the validity of the rules.
Headnote
A) Constitutional Law - Rule-making Authority - Jurisdiction to Frame Rules - Supreme Court Rules, 1950, Order IV-A, Rules 23, 24 - The Supreme Court has the inherent jurisdiction to regulate its proceedings and the conduct of persons appearing before it, including advocates and their assistants. The rules regarding touts are within the rule-making powers of the Court as they relate to professional conduct and ethics. Held that the rules are not ultra vires (Paras 1-2). B) Constitutional Law - Right to Livelihood - Article 21 - The argument that 'life' in Article 21 includes 'livelihood' was rejected. The rules aimed at maintaining the purity of the legal profession do not infringe the right to livelihood as they target corrupt practices. Held that the appellant, being a tout, cannot claim rights in relation to the business of the Court (Paras 3-4).
Issue of Consideration
Whether the rules framed under Article 145 of the Constitution regarding the inclusion of names in the list of touts are ultra vires the powers of the Supreme Court.
Final Decision
The Supreme Court upheld the Registrar's order to include the names in the list of touts, affirming the validity of the rules under Article 145 of the Constitution.
Law Points
- Ultra vires
- Jurisdiction
- Professional misconduct
- Regulation of conduct
- Supreme Court Rules
- Constitution of India
