Breaking: Indian advocates can practice in every Indian court within a week

India to become smaller for lawyers
India to become smaller for lawyers

Indian lawyers will be able to practice in all courts and tribunals across India irrespective of which bar council they are enrolled in, 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.

The Hindu exclusively reported on its frontpage today that Moily said: “I traced the file relating to this provision. For some reasons this section remained in the statute without being notified. I decided to notify this section and signed necessary orders. The notification is expected to be issued either on June 7 or 8.”

Section 30 of the Act states:

Subject to provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act extends,-

(i) in all courts including the Supreme Court;

(ii) before any tribunal or person legally authorised to take evidence; and

(iii) 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.

Moily also added that under his vision statement to reduce the pendency of cases was progressing well, with Rs 1,000 crore out of Rs 5,000 crore having been released by the 13th finance commission to extend subordinate court working hours.

Elaborating on the process of the project, he told The Hindu that he had written to high courts’ chief justices reiterating the need to reduce the pendency of cases in courts from 15 to three years by 2012. “He said he had asked the CJs to launch the campaign from July by fixing targets and types of cases for disposal. He had suggested to them to follow summary procedure as allowed by law, plea bargaining and compounding of cases to reduce the caseload in courts,” said The Hindu.

By Norman B Leventhal Map Center at the BPL

Comments

Le 5 Jun 2011, 12:26
+3 -2
after the bar exam it was expected that freedom of mobility in practice would be granted to lawyers. but let us wait till it is notified, moily has promised many things in past but have only achieved some.
confused 5 Jun 2011, 16:57
+3 -1
What's new in this? Under Section 30 of the Advocates Act, a lawyer enrolled in a particular state could always practice throughout India. Does a section need to be notified to give it effect? What's Moily upto?
A 5 Jun 2011, 18:42
+3 -3
What nonsense, Moily is no less ignorant than Legally India. Foolish on LI's part to publish such misleading info. Advocates can practice in any court throughout india but must transfer their bar council membership to the place where they ordinarily practice.

Guess this is the problem when a bunch of journos runs a website on legal developmentds
A 6 Jun 2011, 06:02
+2 -1
i think now the transfer of membership not needed
cl 7 Jun 2011, 04:09
+3 -2
Agree with A must transfer membership to the place of practice that is only if you have changed the place of practice, otherwise a advocate can practice any where in India under U/s 30 of the Advocates Act 1961.Therefore no bar to practice anywhere in India.
Anonymous 7 Jun 2011, 12:08
+0 -0
According to Section 1(3) of the Advocates Act, the Act "shall......come into force on such date as the Central Govt. may, by notification in the Official Gazette appoint and different dates may be appointed for different provisions of this Act."

The Advocates Act was never notified in its entirety. Different provisions came into force on different dates, there being a total of eight notifications. Chapter IV (of which Section 30 is a part) came into force w.e.f. 1 June, 1969. However, only Sections 29, 31, 33 and 34 were notified. Since Section 30 was never notified, it never came into force.

So Moily is right!
confused 9 Jun 2011, 07:47
+0 -0
[quote name="Anonymous"]According to Section 1(3) of the Advocates Act, the Act "shall......come into force on such date as the Central Govt. may, by notification in the Official Gazette appoint and different dates may be appointed for different provisions of this Act."

The Advocates Act was never notified in its entirety. Different provisions came into force on different dates, there being a total of eight notifications. Chapter IV (of which Section 30 is a part) came into force w.e.f. 1 June, 1969. However, only Sections 29, 31, 33 and 34 were notified. Since Section 30 was never notified, it never came into force.

So Moily is right![/quote]

In other words, all Indian lawyers upto date have been practicing without the sanction of law, right? Wierd.
Ramachandran 9 Jun 2011, 07:10
+0 -0
It is OK that Mr. Moily said: "I decided to notify this section and signed necessary orders. The notification is expected to be issued either on June 7 or 8.”

Whether the notification has been issued at least now, as announced by Mr. Moily? If not, what is so great about his announcement?
Satyendra kumar chauhan 15 Jun 2011, 05:32
+1 -0
where is notification. anybody knows the link. it is not on site of ministry of law even.
Ronnie 19 Jan 2012, 07:18
+0 -0
Can anyone please direct me to the website from where I can download the gazette notification regarding section 30 of Advocates Act which was supposed to have been notified on June 9th, 2011
Guest 7 Apr 2021, 07:33
+0 -0
I am praise with this article beacouse India is damocratic country we know that in India, there are 55% people who illiterate about the right and duty. I am an advocate supreme court of india I would like to suggest to all advocates to explore their knowledge to uneducated people.