Advocates Practice in Any Court as well Supreme Court

Advocate-on-Record Supreme Court of India

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
 


Attached File : 18470 187836 39 in re lily isabel thomas aor case sc 1964.doc downloaded 666 times

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thanks for this attach file ,

it is very use full for all lawyers!


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LAWYER IN JAIPUR

Thank for this useful information.

Can you provide copy of notification?????

 
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Advocate/ nadeemqureshi1@gmail.com

thanks for the valuable knowledge

 
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Advocate & Solicitor

Pls Provide the copy of the said Notification..

 
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Advocate & Solicitor

Pls Provide the copy of the said Notification..

 
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Advocate & Solicitor

Pls Provide the copy of the said Notification..

 
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Corporate Lawyer

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.


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XYZ

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).

 
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XYZ

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).

 
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