Do High courts have rule-making power? If so, what are its limitations?

Nov 21, 2025

Yes, High courts have rule-making power about proceedings, and other matters connected to
it, which is provided for by Article 225 of the Constitution of India, and Section 28 of the
RTI Act empowers the Chief Justice of the High Court to make rules and carry out provisions
of the RTI Act.
Section 34 of the Advocates Act 1961 enables the High Court to lay down conditions subject
to which an advocate shall be permitted to practice in the High Court.
Section 122 of CPC enables the High Court to amend the Rules laid down by it in its orders.
Since the High Court is the highest judicial authority in a State, such powers have been
conferred upon the HC to amend & alter rules about the administration of justice. This
Section of CPC has been upheld by the Supreme Court in the case of Abooacker Babu Haji &
Ors v. Edakkode Pathummakutty Umma.
All rules made under this section shall be published in the Official Gazette.
Section 477 of CrPC also provides that every High Court, with the previous approval of the
State Government, may make rules related to issues about persons who may be permitted to
act as petition writers in Criminal Courts Subordinate to it and regulation of license to such
persons to conduct business and also to provide a penalty for contravention of any of the rules
so made and determining the authority by which such violation may be investigated.
The limitations to these rules made by the high court can be better understood by the case
Salubai Ramchandra vs Chandu Sadhu. In this case, it was observed that;
 The powers of the High Court to make rules are subjected to the constitution’s
provisions, and these rules cannot be retrospective.
 If any rule made by the High Court is against fundamental rights guaranteed by the
Constitution, then the rule will become void ab inito. 1

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