By Our Reporter
SHILLONG: Lawyers are a relieved lot now that they can practice as a matter of right in all courts and forums, including tribunals or any quasi judicial authority. The move comes fifty years the Advocates Act, 1961 came into force. The Centre has modified Sec 30 of the act to enable advocates to practice anywhere in the country.
Quite startlingly, this provision was not notified when the Act was added to the statute book.
As a result, in certain courts and tribunals, lawyers could appear only with the permission of the presiding officer.
It is learnt that the long pending demand of lawyers for notifying this section was fulfilled by a notification issued by the government for a law that had already been enacted.
Union Law Minister Veerappy Moily said recently that he would take immediate steps to get Sec 30 notified and as a result, the government issued the Gazette Notification on June 9 stating, “The central government hereby notifies June 15, 2011 as the date on which section 30 of the advocates act shall come into force.” It may be mentioned that Section 30 says, “Subject to the provision of this act, every advocate shall be entitled as of right to practice, throughout the territories to which this act extends; in all courts include the Supreme Court before any tribunal or person legally authorized 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”.
Meanwhile, a lawyer from the Shillong Bar Council said that the new notification will help lawyers from any bar council in a state covering a notified jurisdiction to practice in any court anywhere inthe country.
“If a lawyer who is practicing in Karnataka and wants to shift to Andhra Pradesh, then he/she does not have to apply for a new license as now with the Sec 30 notification, lawyers can practice anywhere with a single license,” he said.
Informing that lawyers can now visit various courts and adjudicate, the lawyer said this has been a long standing demand from the lawyer fraternity of the country but there are many bar councils which have not yet notified this vital section. Interestingly there are many lawyers, too who are unaware about it.
“It has to be understood that the notification is for the benefit of the lawyers and litigants can get justice when the lawyers are benefited,” he said.
