KRISHNA KUMAR SAXENA AND OTHERS Vs. CHIEF JUSTICE OF THE HIGH COURT OF JUDICATURE AT ALLAHABAD AND ANOTHER

JUDGEMENT

(1.) PETITIONERS nos. 1 and 2 were enrolled as pleaders, by the High Court in 1962. Petitioners nos. 3 and 4 were similarly enrolled in 1964. Petitioners nos. 5 to 9 were also enrolled as pleaders, according to the learned counsel, in 1966. The certificates issued to the petitioners were in due course renewed each year. The current certificate entities them to practise upto 31st December, 1967. On 20th July, 1967, the Joint Registrar of this Court issued a circular letter to all District Judges indicating that it was doubtful whether the High Court could admit pleaders after the coming into force of Chapter III of the Advocates Act on 1st December, 1961. Under the circumstances it will be advisable for the pleaders enrolled after that date not to apply for renewal of their certificates of practise or for re-enrolment or for simultaneous enrolment but to get themselves enrolled as advocates by moving the Bar Council in the matter. Petitioners nos. 1 and 2 submitted a representation to the Joint Registrar through the District Judge, Shahjahanpur on 21st September, 1967. They contended that in view of the various provisions of the Advocates Act read with the Legal Practitioners Act their enrolment was valid and was liable to be renewed by the High Court. On 27th October, 1967, the Joint Registrar replied that the power to "admit" was not reserved by section 58 of the Advocates Act. Consequently admitting new pleaders after 1st December, 1961, was unauthorised. Subsequently on 17th November, 1967, the Joint Registrar issued another circular letter to all District Judges directing that only pleaders enrolled prior to 1st December, 1961, are entitled to get their certificates of practice renewed under the Legal Practitioners Act as hitherto. The certificates of pleaders enrolled on or after 1st December, 1961, should not be renewed. The petitioners question the validity of the view taken by the Joint Registrar. The principal question canvassed at the hearing by Mr. Khare appearing for the petitioners related to the interpretation of the phrase "issue and renewal of the certificate of a legal practitioner" occurring in sub-section (4) of Section 58 of the Advocates Act, 1961, and also the impact of Sections 50 and 55 on the right of the High Court to enrol pleaders.

(2.) PRIOR to the coming into force of the Advocates Act, 1961, the enrolment of pleaders was governed, inter alia, by the Legal Practitioners Act, XVIII of 1879. Section 50 of the Advocates Act provided for repeal of certain enactments. Sub-section (2) stated that on the date on which Chapter III comes into force the following shall stand repealed. Clause (a) alone is relevant. It reads :- "(a) Sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879, and so much of Sections 8, 9, 16, 17, 19 and 41 of that Act as relate to the admission and enrolment of legal practitioners." Under sub-section (3) of Section 50 certain provisions were to stand repealed on the date Chapter IV comes into force. Clause (a) mentioned sections 4, 5, 10 and 20 of the Legal Practitioners Act, 1879, and so much of Ss. 8, 9, 19 and 41 of that Act as conferred on legal practitioners the right to practise in any Court or before any authority or person. Similarly, under sub-section (4) of Section 50 some other provisions of the Legal Practitioners Act were to stand repealed on the date on which Chapter V came into force.

(3.) SECTION 6 of the Legal Practitioners Act authorised the High Court to frame rules relating inter alia to qualifications, admission and certificate of proper persons to be pleaders and mukhtars. Under Section 7, on the admission under Section 6 of any person as a pleader or a mukhtar, the High Court shall cause a certificate to be issued to such person authorising him to practise upto the end of the current year. The certificate was entitled to be renewed by the High Court each year by the issuance of a fresh certificate and the cancellation of the existing one. Thus, with effect from 1st December, 1961, the High Courts power to admit as well as the function of issuing the certificate or renewing it, stood abrogated. So the High Court could neither admit pleaders nor renew the certificates of the existing ones.