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The petitioner has also prayed for a declaration that Section 35 and 37 of the Act violate Article 14 and 19(l)(g) of the Constitution and are, therefore, unconstitutional.

(2) For appreciating the petitioner's grievance, the object and scheme of the Act will how to be noted. The statement of objects and reasons fully explain the reasons for the passing of the Act. The statement reads :

"SINCE independence and more particularly with the implementation of the Five-year Plans, the building consitruction activity in our country has expanded almost on a phenomenal scale. A large variety of buildings, many of extreme complexity and magnitude like multi-storeyed office buildings, factory buildings, residential houses, is being constructed each year. With this increase in the building activity, many unqualified persons calling themselves as architects are undertaking the construction of buildings which are uneconomical and quite frequently are unsafe, thus bringing into disrepute the profession of architects. Various organisations, including the Indian Institute of Architects, have repeatedly emphasised the need for statutory to protect the general public from unqualified persons working as architects. With the passing of legislation, it will be unlawful for any person to designate himself as 'architect' unless he has the requisite qualifications and experience and is registered under the Act. The Legislation is generally on the same line as similar Act in other countries."

(7) I will first deal with the challenge to constitutionality of Section 35(2) and Section 37. Section 37(1) states that no person other than a registered architect, or a firm of architects shall use the tide or. style of architect one year after the appointed date under Sub-Section (2) of Section 24. This provision is a necessary consequential provision to mandatory requirement Of registration under the Act. The Act and the Regulations prescribes professional qualifications, for registration as an architect.- They also lay down the standard of professional, experience (of architectual work) required for an architect where a person does not hold the professional academic qualifications prescribed under the Act. Right to practice a profession is guaranteed by Article 19(l)(g) of the Constitution. Article 19(6) empowers State to make law relating to the professional or technical qualifications necessary for practicing any profession laying down professional qualifications for the profession of architecture as done by the Act and prohibiting persons who do not fulfill the said qualifications from posing themselves as architects is constitutionally permissible. The restriction, if at all, is a reasonable restriction. There is no merit in the petitioner's contention that there is no nexus with the object of the Act. The object of the Act, as stated above, is to prevent unqualified persons calling themselves as architects and undertaking the construction of buildings which are uneconomical or unsafe and who bringing the profession of architect into disrepute. The provision is essentially in the interest of general public and it is meant for protecting the public from unqualified persons working as architects. The restriction imposed by Section. 37 does not violate Article 14 of the Constitution. Challenge to the validity of Section 35 of the Act is also without any merit. Section 35 gives preference to registered architects in matters of employment in government service and in the service of local authorities. Public works are undertaken by these bodies for the welfare of the people huze public fund are employed for that purpose. It is in public interest that the funds are properly utilised and substandard and uneconomical constructions are prevented. A qualified architect would naturally have preference over an unqualified person claiming to be an architect. There is no discrimination because by very definition a qualified architect falls in a different class from that of a person who is not qualified. Preference in public employment, is also an added encouragement for a prospective architect for achieving high professional and technical proficiency.