Power of High Court to make rules
AI Assist
Summary
High Courts, with the prior approval of the State Government, may make rules about who may act as petition-writers in the subordinate criminal courts. They can regulate licensing, the way petition-writers conduct business, the scale of fees, and provide penalties and enforcement authority for breaches. Rules may also cover other matters the State Government allows. All such rules must be published in the Official Gazette.
Example
Priya wants to work as a petition-writer for a district criminal court. With the State Government's prior approval, the High Court can require her to obtain a licence, fix the fees she may charge, and impose penalties if she breaches the rules; those rules will be published in the Official Gazette.
Bare Act
Enacted text(1) Every High Court may, with the previous approval of the State Government, make rules-
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(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
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(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
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(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
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(d) any other matter which is required to be, or may be, provided by rules made by the State Government.
(2) All rules made under this section shall be published in the Official Gazette.
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