1. Introduction :
According to the Section 29 to 34 of the Advocate Act, 1961, Practice of Advocates is a right. Section 29 of the Advocate Act, 1961, lays down provisions that "the Advocates are the only recognized class of persons entitled to practice law". It may be noted that under this section, only one category of person, the Advocates, are authorized to practice, subject to the Provisions of this Act. In D.A.S. Swami Vs. Kulbendran AIR 1967 it has been held that a person who is not an Advocate on the roll of High Court, has no right to represent the accused
2. Right to Practice :
A) Advocates to be the only recognized class of persons entitled to Practice law (Section.29)
Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practice the profession of law, namely, advocates.
B) Right of Advocates to practice (Article 30)
Subject to provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which this Act extends —
(i) in all Courts including the Supreme Court;
(ii) before any tribunal or person legally authorized 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 practice..
C) Advocates alone entitled to practice (Section 33)
Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practice in any court or before any authority or person unless he is enrolled as an advocate under this Act.
3.Conditions for Right to Practice
Bar Council of India has framed rules accordingly and Chapter III of the Bar council of India rules regarding conditions for right to practice provides as follows :
1) Every Advocate shall be under an obligation to see that his name appears in the roll of State Council within whose jurisdiction he ordinarily practices:
Provided that if an advocate does not apply for transfer of
his name to the roll of the State Bar Council within whose jurisdiction
he is ordinarily practicing within 6 months of the start of the
practice, it shall be deemed that he is guilty of professional misconduct within the meaning of section 35 of the Advocate Act.
2)
An advocate shall not enter into a partnership of any other arrangement
for sharing remuneration with any person or legal practitioner who is
not an advocate.
3) Every advocate shall keep informed the bar council on the roll of which his name stands, of every change of his address.
4)
The Council or a State Council can call upon an advocate to furnish the
name of the state council on the role of which his name is entered, and
call for other particulars.
5) i) An Advocate who
voluntarily suspends his practice for any reason whatsoever shall
intimate by registered post to the State Bar Council on the rolls of
which his name is entered, of such suspension together with his
certificate of enrollment in original.
ii) Whenever any
such advocate who has suspended his practice desires to resume his
practice shall apply to the Secretary of the State Bar Council for
resumption of practice along with an affidavit damping stating whether
he has incurred any of the disqualifications under Section 24A, Chapter
III of the Act during the period of suspension.
iii) The
Enrollment Committee of State Bar Council may order with the resumption
of his practice and return the certificate to him with necessary
endorsement. If the enrollment committee is of the view that the
Advocate has incurred any of the disqualifications the committee shall
refer the matter under proviso to Section 26(1) of the Act.
iv) On Suspension and resumption of his practice the Secretary shall act in terms of rule 24 of part IX.
6) i)
An advocate whose name has been removed by order of the Supreme Court
or a High Court or Bar Council as the case may be, shall not be entitled
to practice the profession of law either before the court or before the
authorities mentioned under Section 30 of the Act, or in Chambers or
otherwise.
ii) An advocate who is under suspension shall be under the same disability one in which he held office.
7)
An officer after his retirement or otherwise ceasing to be in service
shall not practice for a period of 2 years in the area in which he
exercised jurisdiction for a period of 3 years before his retirement or
otherwise ceasing to be in service.
8) No Advocate shall
be entitled to practice if in the opinion of the Council he is
suffering from such contagious disease as makes the practice of law
hazard to the health of others. The disqualification shall last for such
period as the Council directs from time to time.
4. Advocate Alone entitled to practice
Section 33 of Advocates Act, 1961 provide that except as otherwise provided in this Act or in any other law for the
time being in force, no person shall, on or after the appointed day, be
entitled to practice in any court or before any authority or person
unless he is enrolled as an advocate under this Act. it means advocates alone are entitled to practice in a Court or in any Authority.
5. Case Law -
Hari Shankar Rastogi vs. Girdhari Sharma AIR 1978 SC 1019 In this the Case Supreme court has held that a private person who is not an advocate , has no right to barge into Court and claim to argue for a party.
See also
Hw could I download this as pdf
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