Section 30 of the Advocates Act, 1961

From 15th June 2011 Every Advocate shall be entitled as of right to practice before any court in India including 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.

Earlier, the Supreme Court in Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768] had issued a writ of mandamus to the Central Government to consider, within six months, whether Section 30 of the Advocates Act, 1961 should be brought into force or not. The Court, however, held that it was the discretion of the Central Government to bring this section in force by issuing a notification in this behalf. In spite of the direction of the Supreme Court, the section has not been brought in force hence advocates cannot practice as of right.

Advocates for the last so many years have been claiming the right to practice in all courts as of right and have been agitating for the enforcement of Section 30 of the Act in this behalf. Almost 50 years have passed since enactment of the Act, the provision has not been brought into force.For some reasons this Section remained in the Statute without being notified.