Nandini Sharma & Anr. vs. Registrar Supreme Court of India & Ors [Writ Petition (Civil) No.1087 of 2022]
Court is not sitting as an Appellate Forum seeking to pronounce on the wisdom of the legislation
RELEVANT PARAGRAPH
10. The contention of the petitioner appears to be that the Rules are unreasonable. When the Court is invited in its power of judicial review of legislation which would include, undoubtedly, subordinate legislation, it is elementary that the Court is not sitting as an Appellate Forum seeking to pronounce on the wisdom of the legislation. Unless a Rule, as in this case, which is a species of subordinate legislation, is afflicted with any of the vices which are far too well known to require any reiteration, it is not vulnerable to invalidation on the mere ground of the results it may produce in a particular case. We may note in this regard, that the petitioner has a complaint against a particular Advocate on Record- who is incidentally arrayed as respondent No.2. In the working of any law, it is not unlikely that it may produce some difficulties but that hardly furnishes the firm foundation required in law to successfully lay a challenge to the provision which no doubt is species of subordinate legislation when particularly the power to make it has its origin in a constitutional 8 provision which in this case is Article 145 of the Constitution.