1966 Supreme Court Rules are outdated and obsolete ?

Many lawyers think that 1966 Supreme Court Rules have become outdated and obsolete. These were framed 46 Years Ago!

Time to time many practice directions and circulars are issued which are not found in the rules.

Fees of Supreme Court Advocate in Rules are obsolete (Rs.1100/-) -An impractical rule.

The Rule requiring that a convict has to surrender before his SLP is heard, is unconstitutional on face of Art.136 as per my view.

The invalid rule is obeyed and implemented because no one has challenged its constitutional validity.

Those who are sentenced to 3 months or one on month only, are also asked to surrender first. Women are also asked to first surrender.

A Court gets power to direct a convict to surrender only where an appeal is pending.

Before an appeal is admitted, Supreme Court does not get power to insist on surrender of a person who is seeking permission to appeal.

There are many other rules which are out of practicality and which needs a re-relook.

Haresh Raichura
18/9/2012