State the power of the High Court to make rules.

Question: State the power of the High Court to make rules.

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Answer

The High Court has been given extensive and effective powers. Chapter XXXVI, Section 477 of the Code of Criminal Procedure lay down the provision regarding the power of the High Court to make rules. The section runs down as below:

Every High Court may, with the previous approval of the State Government, make rules—

1. as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
2. regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.
3. 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;
4. any other matter which is required to be, may be, prescribed.

All rules made under this section shall be published in the Official Gazette. This section deals with the power of the High Court to make rules in respect of petition writers. Such rules may be made for:

• dealing with persons who may be permitted to act as petition writers, (b) regulating the issue of licences to such persons, (c) for providing penalties for contravention of any of the rules, and (d) for determining the authority which should investigate the contravention of any of the rules and impose the penalty.

The rules are required to be published in the Official Gazette, and it is only then that they can be said to have been properly published. Any other mode of publication will not have any sanctity.

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