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LALIT KUMAR SINGH (Advocate)     16 June 2011

What about Advocates on Record in Supreme Court of India?

Now that Section 30 of the Advocates Act, 1961 has been published in the Official Gazette of the Government of India, I wonder what will happen to the Advocates on Record(AOR) filing their own Vakalatnama in the Supreme Court? 

Section 30 of the Act says: “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 practise.”

The section clearly allows all the advocates to file the Vakalatnamas in their own name for any matter anywhere in India and specifically the Supreme Court of India. There is a conflicting situation and I wonder which law will prevail.

Opinions are suggestions are solicited.

With warm regards,

Lalit Kumar Singh, Esq.





Learning

 12 Replies

pratik (self working)     16 June 2011

who like to know.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 June 2011

Pl give the date of notification.

LALIT KUMAR SINGH (Advocate)     16 June 2011

The Gazette Notification is dated June 9, 2011 and shall be effective from June 15, 2011

LALIT KUMAR SINGH (Advocate)     16 June 2011

Thats a very good idea. May be the registry can clarify on the issue.

Ravishankar Kumar (Advocate)     16 June 2011

Dear Lalit, presently in the Supreme Court Rules, 1966 the system prevails therefore without modification of such Rules the system of Advocates-on-Record will continue, although we are trying to get ammendment in S.C.R. for the recognition of rights of large number of Advocates regularly practicing in the Hon'ble Supreme Court of India. Just wait for any modification or direction by the  Hon'ble S.C. itself.

Ravishankar Kumar

Treasurar,

The Supreme Court Advocates Association (Non AOR)

New Delhi

LALIT KUMAR SINGH (Advocate)     16 June 2011

I wish you good luck. 

jagdish m barambhatt (advocate)     18 June 2011

as per sec 30 any lawyer can file vakilatna becuase central act prevails

pratik (self working)     18 June 2011

But sir as per the SC rules it has been said that the advocate who has given the exam conducted by the SC & if he/she holds a AOR certificate then only he/she can practice in SC . So what about section 30 of the advocate act, 1961 & the notification issued recently? Which will override whom?

Thanks.

jagdish m barambhatt (advocate)     18 June 2011

sec 30 advocate act come in force from june 13 , Bombay and Gujarat bar council frame rules to restrict practice like e.g for judges of district level who retired or otherwise leave job , they registered as advocate after retired or otherwise leave job are restrict to practice on same level where from they retire now as per sec... 30 any registered advocate practice anywhere in India.

Section 30 says: “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 practise.”
49A. 4[ Power of Central Government to make rules.-
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules.
1. Ins. by Act 60 of 1973, s. 38 (w. e. f. 31- 1- 1974 ). 2. Subs. by Act 21 of 1964, s. 20, for cl. (i). 3. Subs. by Act 60 of 1973, s. 38, for" Provided that" (w. e. f. 31- 1- 1974 ). 4. Ins. by Act 21 of 1964, s. 21.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) qualifications for membership of a Bar Council and disqualifications for such membership;
(b) the manner in which the Bar Council of India may exercise supervision and control over State Bar Councils and the manner in which the directions issued or orders made by the Bar Council of India may be enforced;
(c) the class or category of persons entitled to be enrolled as advocates under this Act;
(d) the category of persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause (d) of sub- section (1) of section 24;
(e) the manner in which seniority among advocates may be determined;
(f) the procedure to be followed by a disciplinary committee of a Bar Council in hearing cases and the procedure to be followed by a disciplinary committee of the Bar Council of India in hearing appeals;
(g) any other matter which may be prescribed.
(3) Rules under this section may be made either for the whole of India or for all or any of the Bar Councils.
(4) If any provision of a rule made by a Bar Council is repugnant to any provision of a rule made by the Central Government under this section, then, the rule under this section, whether made before or after the rule made by the Bar Council, shall prevail and the rule made by the Bar Council shall, to the extent of the repugnancy, be void.
(5) 1[ Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

so as per sec 49 sub sec 4 ruls is void

the qusetion is that whether the sec 30 is prevails the bar council ruls as per my view so by this sec all bar council rules to restrict the practice of register lawyer are now null and void,because central act prevails the bar council rules
give me reply

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 June 2011

As a layman I say that if Parliament passes a law and President's assent has been obtained, even supreme court will have to abide, unless the SC can show the law was against any provision in the Constitution of India

Anil Kumar Singh (LL.M. Student)     06 August 2011

Here us the notification

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 October 2011

Originally posted by :LALIT KUMAR SINGH
" Now that Section 30 of the Advocates Act, 1961 has been published in the Official Gazette of the Government of India, I wonder what will happen to the Advocates on Record(AOR) filing their own Vakalatnama in the Supreme Court? 
Section 30 of the Act says: “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 practise.”
The section clearly allows all the advocates to file the Vakalatnamas in their own name for any matter anywhere in India and specifically the Supreme Court of India. There is a conflicting situation and I wonder which law will prevail.
Opinions are suggestions are solicited.
With warm regards,
Lalit Kumar Singh, Esq.
 
"

I, as a non-lawyer find it necessary to ask a question where is the trouble with section 30? It allows all advocates to practice in all courts etc.

 

Definition of vakalatnama: A document, by which the party filing the case authorises the Advocate to represent on their behalf.

 

This being the case, I find difficulty in understanding this: Vakalatnamas in their own name.


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