Power of High Court to make rules
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Summary
High Court may, with prior approval of the State Government, make rules about who may act as petition-writers in its subordinate criminal courts. The rules can cover licences, how petition-writers must conduct business, the fees they may charge, penalties for breaches and which authority will investigate and impose those penalties, plus any other prescribed matters. All rules must be published in the Official Gazette.
Example
Priya needs a petition-writer to prepare papers for a criminal application in a subordinate court. Under the High Court rules, the person she hires must hold a licence and follow the prescribed fee scale and conduct rules. If the petition-writer overcharges or breaks the rules, the authorised authority can investigate and impose penalties under those rules.
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, may be, prescribed.
(2) All rules made under this section shall be published in the Official Gazette.
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