A.K. SIKRI, J

1. This petition is filed by the Petitioner, who has appeared in person before us, praying for the declaration of rule 2, 4and 6 (b) of Order IV of the Supreme Court Rules, 1966 (hereinafter referred to as ‘1966 Rules’) as null and void and for allowing the filing of cases by the Petitioner and other Non Advocates on Record (AOR) advocates in the Hon’ble Supreme Court of India. To put it otherwise, the petitioner pleads for prohibiting the creation of further classification of advocates into AOR and non-AOR and restricting only AOR to file cases in the Hon’ble Supreme Court. Thus, it is prayed that category of AOR be dispensed with.

2. Amongst others, the main grievance raised by the Petitioner is that at present the role played by an AOR is merely of a name lender for filing cases without being responsible for the conduct of the case, thereby the very purpose of having the system is defeated and after the notifying of section 30 of the Advocates Act, 1961 (hereinafter referred to as ‘1961 Act’) on 15th June, 2011 nothing is left to continue the system of AOR, to hold exam for AOR and allot exclusive facilities to AOR.

3. The subject of constitution, organization, jurisdiction and powers of the Supreme Court (including contempt of such court), and the fees taken therein; persons entitled to practice before the Supreme court falls under List-I which is the Union List. Therefore, the Parliament is competent to pass legislations for this very purpose.

4. The Advocates Act, 1961 which is the law relating to legal practitioners in India was enacted by the Parliament under Article 246 of the Constitution of India. One of the objects and purpose of the enactment was to empower the Supreme Court to make rules for determining the persons who shall be entitled to plead before that court.

5. Article 145 of the Constitution grants power to the Supreme Court to make rules for regulating generally the practice and procedure of the court subject to the provisions of any law made by the Parliament with the approval of the President of India. Article 145 of the Constitution of India reads as under:-

Rules of Court, etc.-(1) Subject to the provisions of any law made by the Parliament, the Supreme Court from time to time, with the approval of the President may make rules for regulating generally the practice and procedure of the Court including—

(a) Rules as to the persons practicing before the Court;

(b) Rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;

(c) Rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;

(cc) Rules as to the proceedings in the Court under Article 139A;

(d) Rules as to the entertainment of appeals under sub clause (c) of clause (1) of Article 134;

(e) Rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entertained;

(f) Rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged I respect of proceedings therein;

(g) Rules as to granting of bail;

(h) Rules as to stay of proceedings;

(i) Rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;

(j) Rules as to the procedure for inquiries referred to in clause (1) of Article 317.

6. Under Article 145 of the Constitution of India Supreme Court framed ?The Supreme Court Rules, 1966–The relevant provisions which are under consideration are reproduced below.

Rule 6(b) of Order IV of the Supreme Court Rules, 1966 ?6(b). No advocate other than an advocate on record shall be entitled to file an appearance or act for a party in the Court. Rule 10 of Order IV of the 1966 Rules ?10. No advocate othe