The Unique Position Of The Architects Act, 1972

In its judgement dated March 17, 2020, in the matter of Council of Architects v. Mukesh Goyal & Ors.¹ , the Supreme Court held that the Architects Act, 1972 ('Act') does not prohibit individuals not registered under it from engaging in the practice of architecture or functions allied thereto. This article dissects the history of this provision and its interpretation, and makes suitable comparisons to better quantify the outcome of the aforesaid judgement.

Legislative Framework

At the outset, it ought to be noted that the Statement of Objects and Reasons of the Act cannot be inferred to be of a prohibitory nature. The Statement of Objects and Reasons says that "The legislation protects the title of 'architects', but does not make the design, supervision and construction of buildings as an exclusive responsibility of architects. Other professionals like engineers will be free to engage themselves in their normal vocation in respect of building construction works