He is to draw his inspiration from consecrated principles.. The right to practice law is a fundamental right of advocates in India. T.C Mathai v District and Session Judges, Thiruvananthapuram (1999), the petitioner claimed to be the power of attorney holder of a couple. Section 32 of the Advocates Act, 1961 states under the heading " Power of Court to permit appearances in particular cases Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case. The legal profession in India is the second largest in the world, it is today beset with several problems and challenges not entirely of its own making. order of the disciplinary committee shall follow such opinion. 31-1-1974).4. It was further stated that the court had the right to even revoke permission after giving it if the court feels that the representative is reprehensible in his arguments. Hence, Section 2 of the Power of Attorney Act, cannot hold true to the general provision of a code which states that a particular act should be done by the party concerned and not anyone else. To maintain discipline and a respectful attitude towards the legal system. 4. In this case, the petitioner sought the permission of the Court to be represented by another person in a case who is not an advocate under the provisions of the Advocates Act 1961. The Court allowed the said petition. In the absence of a definition in the Advocates Act, 1961, practice the profession of law would mean taking into consideration the historical evolution of this legislation to mean, practicing before courts and tribunals and would not apply to non-litigation work. It is known that a person can represent themself in any court of India but it is subjected to the courts satisfaction. Advocates have the right to refuse to accept a case if they have sufficient reasons to believe that the case is against their professional ethics or principles, or if they have a conflict of interest. S.O. WhatsApp groups: 13,000+ members (Click Here), Telegram Channel: 2,000+ members (Click Here). All Rights Reserved. by s. 3, ibid. However, the Apex Court stated that the relationship with the party and non-advocate, their antecedents and reason for availing the services of that non-advocate must be first gathered, then studied and only then the requisite permission must be granted or denied by the court. Section 30 of the Advocates Act, 1961, explicitly recognises the right of advocates to practice in all courts, including the Supreme Court, High Courts, and subordinate courts. Section 30 in THE ADVOCATES ACT, 1961. of the Act, a person who is not enrolled as an advocate shall not be entitled to practice in any court. Copyright 2016, All Rights Reserved. Section 32 enables the court to permit even a person not enrolled as an advocate to appear before it in any case. The petitioner moved the High Court of Kerala under. Under section 23 of the Advocates Act, 1961; the Attorney-General of India, the Solicitor-General of India and the Additional Solicitor-General of India have in that order pre-audience over all other advocates. This right ensures that advocates can freely and fearlessly represent their clients without any hindrance or intimidation. (a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; 17[18[in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio; Advocates can meet their clients in police custody or in jail, and have the right to discuss the case, gather information, and prepare the defence strategy in confidence. Manage Billing & Budgets / Spend Management, Manage Scheduling with Auto Court Data Integration, Practice Management / Matter Management - Custom Workflows, 100+ All India Manuals' Comparitive Ciataions, Delivery of judgements - alerts on documents, Acts / Laws / Statutes / Amendments / Forms, Calculators - Court Fee, Property Conversion, and many more, Police Stations (w Jurisdiction), Advocates, and more directories, Auto Aggregation of Related Dates, Documents & Much More, Time based / Event based / ect - Configure, Alerts on related GRs, Notifications, Circulars, Gazettes, etc, Workflow, Renewals, Action Items, Alerts, etc, PCTMS - Post Contract Tracking Management System **, Auto summary and keywording for contracts, GST, PAN, IP Ownership, Social Media, and much more. However, the right of appearance mentioned in Section 32 is an exception to the right to practice before any court and other provisions mentioned above. Duties of the advocate towards co-workers. Chairman and other members of the disciplinary committee are present. to in sub-section (3) of Section 35 can be made in any proceedings unless the Act, to appear before it or him in any particular by Act 29 of 2000, s. 29, for and Uttar Pradesh (w.e.f. You have successfully registered for the webinar. Section 32 : Power of court to permit appearances in particular cases Notwithstanding anything contained in this chapter, any court, authority or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case. (f) for the Union territory of Delhi, to be known as the Bar Council of Delhi. Practicing a profession means something very different from representing some friend or relation on one occasion or in one case or on a few occasions or in a few cases. Section 30 of the Advocates Act confers such a right to practice on a 'pleader' and/or 'Advocate' after he gets himself enrolled as such. Follow us onInstagramand subscribe to ourYouTubechannel for more amazing legal content. The duties of legal practitioners have been laid out in different enactments over the years, starting with the, Bengal Permanent Settlement Regulation 1793. . S.O. 15-10-1976). An examination of all the statutory provisions indicates that it was never the intention to regulate non-litigation work. A. The provisions of Advocates Act, 1961 confers a monopoly right of pleading and practising law only on enrolled or registered Advocates. The duties of legal practitioners have been laid out in different enactments over the years, starting with the Bengal Permanent Settlement Regulation 1793. As earlier mentioned, this was never the intention of the Advocates Act, 1961 or the legislations that preceded it. 7. Bar Council to be body corporate. Login : Advocate | Client Advocates Act, 1961 . The right to meet with accused persons in private is recognised by various provisions of the Advocates Act, 1961, and the rules of procedure of the courts. The word advocate is defined in section 2A and on a reading of other clauses in the definition in section 2 means advocate who has enrolled with any State Bar Council. This will have a bad impact on the profession of the advocate. 15-10-1976).7. by Act 60 of 1973, by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for Mysore (w.e.f. 32. . Costs where application unsuccessful . Notwithstanding anything contained in this chapter, any court, authority or perse may permit any person, not enrolled as an advocate under this Act, to appear before or him in any particular case, #LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon. However, the right of appearance mentioned in Section 32 is an exception to the right to practice before any court and other provisions mentioned above. were established due to this Act. American Jurist and Judge Benjamin Cardozo in his lectures on The Nature of the Judicial Process observed that, The judge even when he is free, is still not wholly free. 2. Section 17 Rule 46 of Section 6 of the Bar Council of India. 38, par. 25-1-1971). This article gives an overview of Section 32 of the Advocates Act 1961. by Act 107 of 1976, s. 2, for vakil or attorney (w.e.f. by s. 3, ibid., for the High Court of Punjab (w.e.f. What is the Power of court to permit appearances in particular cases? Subs. Flag and Seal, Seat of Government, and the States, Title 5. Monitoring Legal Profession in India: Evolution of Law. 31- 1-1974). Advocates play a very important role in the justice delivery system. Hence it is clear by now that legal aid is a fundamental right of the citizens and a duty of the legal practitioners. (e) for the State of West Bengal and the 16[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and Flag and Seal, Seat of Government, and the States Title 5. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. [ (Note:- Clause (a) subs. These rules have been placed there under section 49 (1) (c) of the Advocates Act, 1961. : Transfer of name from one State roll to another, Section 19 This extended to the whole of India except Jammu and Kashmir. The Advocate Act, 1961 eventually came to be enacted. It was stated that the party must first successfully get the permission of the court itself and the motion for it must come from the party himself. 21[(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. (c) for the State of Kerala and the Union territory of 11[Lakshadweep] to be known as the Bar Council of Kerala; 7A. However, the candidate must pass the Bar Council exam. by Act 30 of 2000, s. 28 (w.e.f. This means that an advocate has a right to enter any court and observe the proceedings. examination of witness or documents ; f.any other matter which may be b. Ans- C. Section 35 of the Advocates Act, 1961. Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 1-1-1977).] The Court however made it clear that a power of attorney holder could sign sale deeds, agreements etc. 8 of 1963, s. 12 (w.e.f. Every act so executed shall be in effect with the law as if it had been done by the donee of the power, in the name, and signature of the donor thereof. To conclude, a non-lawyer can appear before the court on behalf of a litigant if and only when the concerned court grants such permission. may be made, Section 26 : Disposal of an application for admission as an Section 16 of the Advocates Act states the following: (1) There shall be two classes of advocates, namely, senior advocates and other advocates. Short title, extent and commencement. the decisions of courts when they allowed a non-lawyer to appear for a litigant or when the courts put forth their views and held that a non-lawyer can appear for a litigant in certain scenarios. You have successfully registered for the webinar. 19[(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:] 63.2-1242.1.Relative adoption. State Bar Councils. In this article, we will delve into the rights of advocates in India, as enshrined in the Advocates Act, 1961 and other relevant provisions, and understand how these rights contribute towards the proper functioning of the legal profession and the delivery of justice. Section 2- The Advocates Act, 1961 (Definitions) - Advocatetanmoy Law Library United States Code Title 1. The Act recognizes that the donee may use his own name and signature for any act where sealing is required, by the authority of the donor. Agriculture Title 8. Similarly, Chartered Accountants, Company Secretaries, Civil Engineers and Architects shall not be entitled to advise on any law as it would amount to non-litigation practice and practice the profession of law. 36 of 1961 s. 2] 69. The High Court also dismissed the plea. (2016), The problems of enforcing International Law in India, Laws applicable to arbitration with a special emphasis on the seat of arbitration, West Bengal Judicial Services Examination 2023-24 (eligibility and syllabus), Different kinds of paralegal work in Tech Law, An analysis of digital searches and general warrants through judicial lenses, Harishankar Rastogi v. Girdhari Sharma and Anr (1978). Similarly, deciding disputes as an arbitrator is a mixture of both litigation and non-litigation. However, he is entitled to practice in any other High Court and the Supreme Court. No. It was opined by the Apex Court that advocates are entitled as of right to practice in court under, The Court held that if such a plea would be negated, it would lead to justice being denied to a person in certain scenarios, especially in the land of illiteracy and indigence and judicial processes of sophisticated nature. Ins. The advocate should communicate only with the opposite partys lawyer and not with the opposite party directly. [ (Note:- Clause (b) omitted by Act 60 of 1973, sec.21)] c. the form in which an application shall be made to the Bar Council . The Consumer Protection Act read with the Rules would be . by Act 107 of 1976, s. 2, for vakil or attorney (w.e.f. Subs. (3) It shall, in relation to the territories other than those referred to in sub-section. On the recommendations of the All India Bar Committee. In fact, Section 32 of the Act does give the right to a person other than an advocate to appear and argue on behalf of a litigant but it is the discretion conferred by the Act on the court to permit anyone to appear in a particular case even though he is not enrolled as an advocate. State roll, Section 24A : Disqualification for enrolment, Section 25 : Authority to whom applications for enrolment of the Act states that any court or other authority can permit a person, who has not enrolled as an advocate before it. Email: info@LawyerServices.in 3774(E), dated (23-10-2020). This right ensures that advocates can uphold the principles of attorney-client privilege and maintain the confidentiality of their communication with their clients. by s. 3, ibid., for the High Court of Punjab (w.e.f. (dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;] 31-1-1974).2. However, whether they can go ahead with the proceedings is entirely dependent and at the discretion of the Honble Court where the partys case has been filed. 14[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;] The High Court also dismissed the plea. 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