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Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     19 June 2011

Advocates Practice in Any Court as well Supreme Court

For benefits of all:

 

Dear All,
 
I am told that a Notification has been issued by the Law Ministry to the effect that from 15.6.2011, lawyers will be able to practise in courts across the country irrespective of their enrollment in any bar council without the need to transfer licence to their desired States by virtue of Section 30 of the Advocates Act of 1961 having been notifie.

According to said Notification, Section 30 of the Act will come into force on 15 June, 2011.
 
However, I am o fthe view that popular hope that every advocate shall be entitled to practice by virtue of the said Notification in the hon'ble Supreme Court is right since its his/her practice that is exercised by way of rights enshrined in the Constitution of India and also Advocates Act. However, there is widespread misconception that they can also act and plead on behalf of a party as matter right in the Supreme Court. This is not correct. A look may be given into AIR 1964 SC 855 / 1964 SCR (6) 229  in the matter of: In re: Lily Isabel Thomas decided on 14.01.1964. Please see attachment.
 
Trust this would suffice.
 

Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
 


 11 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     19 June 2011

thanks for this attach file ,

it is very use full for all lawyers!

1 Like

Ravikant Soni (LAWYER IN JAIPUR)     19 June 2011

Thank for this useful information.

Can you provide copy of notification?????

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 September 2011

thanks for the valuable knowledge

Solicitor Chirag Shah (Advocate & Solicitor)     02 July 2012

Pls Provide the copy of the said Notification..

Solicitor Chirag Shah (Advocate & Solicitor)     02 July 2012

Pls Provide the copy of the said Notification..

Solicitor Chirag Shah (Advocate & Solicitor)     02 July 2012

Pls Provide the copy of the said Notification..


(Guest)

Dear All,

The Central Government has finally decided to notify Section 30 of the Advocates Act, 1961 (the Act) which will as a matter of right allow lawyers to practice in any court, tribunal or any quasi judicial authority all over India. This will allow lawyers to practice in all courts across India irrespective of which bar council they are enrolled in or without the need or condition to transfer the bar licence to the state where they want to practice in.

Section 30 of the Advocates Act provides: “Right of advocates to practice: Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice”.

Advocates for the last so many years have been claiming the right to practice in all courts as of right and have been agitating for the enforcement of Section 30 of the Act in this behalf. Almost 50 years have passed since enactment of the Act, the provision has not been brought into force.

Earlier, the Supreme Court in Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768] had issued a writ of mandamus to the Central Government to consider, within six months, whether Section 30 of the Advocates Act, 1961 should be brought into force or not. The Court, however, held that it was the discretion of the Central Government to bring this section in force by issuing a notification in this behalf.

In spite of the direction of the Supreme Court, the section has not been brought in force till date and hence advocates cannot practice as of right.

Recently, a delegation of the Bar Council of Tamil Nadu and Puducherry (BCTNP) headed by Prabhakaran Vice-Chairman of BCTNP had met the Union Law Minister Veerappa Moily and impressed on him the need for notifying Section 30 of the Act to allow advocates to practice in all fora. Moily assured them that the government had already taken a decision in this regard and the notification was to be issued shortly, according to media reports.

Now, we have to wait and watch when the provision will be finally notified.

1 Like

Raja (XYZ)     17 January 2013

Supreme Court can make its own Rule of practice under Art.145(1)(a), and nothing in the Advocates Act shall be deemed to affect the power of the Supreme Court to make rules under Art.145 (Sec.52 of Advocates Act 1961). So, Advocate-on-Record exam is fixed on its place rightly. Govt notification of Sec.30 has no implication on it.

 

Howver Bar Council and High Court has no such saving under the Act of 1961, and therefore, the overriding affect will apply and the law made by Parliament will prevail in all cases (Sec.49-A).

Raja (XYZ)     17 January 2013

Supreme Court can make its own Rule of practice under Art.145(1)(a), and nothing in the Advocates Act shall be deemed to affect the power of the Supreme Court to make rules under Art.145 (Sec.52 of Advocates Act 1961). So, Advocate-on-Record exam is fixed on its place rightly. Govt notification of Sec.30 has no implication on it.

 

Howver Bar Council and High Court has no such saving under the Act of 1961, and therefore, the overriding affect will apply and the law made by Parliament will prevail in all cases (Sec.49-A).

Tenzin Namgyal (Advocate)     12 July 2013

Its well awared that CG has notified that advocate has right to practice in desire state without transfering his/her certificate to said state.
But, there so many person like me, who are in great desire to see said notification of CG.

Hence, I request each and every member to kindly share this said notification.

Thanks and Regards,

Vikas Dharmendra (Consultant)     07 February 2020

What is the status as of now. So no need of transferring Registration for practising in any state.


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