May 24, 2017

Advocates can now practice in any Court of India

Lawyers and Advocates can now practice in any Court of India - Section 30 of the Advocates Act 1961

Lawyers and Advocates can now practice in any Court of India – Section 30 of the Advocates Act 1961

Lawyers and Advocates can now practice in any Court of India - Section 30 of the Advocates Act 1961

Lawyers and Advocates can now practice in any Court of India – Section 30 of the Advocates Act 1961

Indian lawyers will now be able to practice in all courts and tribunals across India irrespective of which bar council they are registered or enrolled. After law minister Veerappa Moily said he would notify long-pending section 30 of the Advocates Act 1961. Currently advocates can only practice in courts within the state where they hold their bar council enrolment. Right now it may be possible that they can occasionally appear in other Courts but may not regularly practice in other places except the Bar they are registered in. therefore Lawyers/ Advocates who wish to change the State in which they are practicing have to apply to the Bar Council of India through the State Bar Council where they are registered and transfer the register inter-State.

Now the notification when applied will allow them to practice in any part of the Country and in any Court of India, including Supreme Court.

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”.

We hope that the notification on of this section entail render insignificant the status of ‘Supreme Court Advocate on Record’?

It is hoped that this notification will make the professionally qualified persons able to prove their talent in any part of the Country without restrictions of City or State Bar Memberships etc, like in case of a Medical practitioner who can serve the humanity in any part of the Nation.

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