If Controller prohibits a person appearing on behalf of an applicant for not being a Patent Agent and sticks to the requirement of representation only by a Patent Agent, the Controller in effect, selects legal representation of opponents in matters before quasi-judicial authority, in which the Patent Office is itself a party. What does it sound? Violation of administrative principles of bias and violation of natural right by snatching best possible legal representation? What more? Article 14 is gone.
2. Article 19 violation; I don't have much to say on this. Reasonable restrictions of Article 19 must meet the test of Article 14. If there is violation of Article 14 and the subject matter also environs article 19 on common grounds, essentially it must violate article 19 as well.
The drafted section 126 and 127 suffers from lots of constitutional issues. This might be due to hurriedly drafted Patent Amendment Act 2005. I suspect that some of these issues might arise in Appeal (if Patent Office decides to appeal). Whatsoever, I don't think apex Court should allow the petition declaring Section 126 of the Patent Act enforceable in law.