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Section 51 of THE ADVOCATES ACT, 1961 __________

Rule of construction.

On and from the appointed day, references in any enactment to an advocate

enrolled by a High Court in any form of words shall be construed as references to an advocate enrolled under this Act.

Summary

This section provides a rule for how to read and understand other laws that were written before this Act.
Starting from the "appointed day" (when the law started), old references must be updated in our minds.
If any other law mentions an "advocate enrolled by a High Court", it should now be read as an "advocate enrolled under this Act".

Practical examples

1An old local law from 1945 says that only an "advocate enrolled by a High Court" can serve on a specific town planning committee. Because of Section 51, a lawyer enrolled under the Advocates Act, 1961, is now legally allowed to hold that position.

2A contract written in 1958 mentions that disputes will be settled by an "advocate enrolled by a High Court." Today, that contract is read as allowing any advocate enrolled under the 1961 Act to act as the arbitrator.

FAQ

1. Does this section change the text of every old law in India?

No, it doesn't change the physical text, but it tells us how we must "construe" or interpret those words legally.

Test yourself

1.According to Section 51 of THE ADVOCATES ACT, 1961, how should a reference in any law to an "advocate enrolled by a High Court" be interpreted?

2.When does the rule of construction in Section 51 of THE ADVOCATES ACT, 1961, begin to apply?

3.Under Section 51 of THE ADVOCATES ACT, 1961, the phrase "advocate enrolled by a High Court" in any enactment includes which of the following?

4.Why is Section 51 of THE ADVOCATES ACT, 1961, necessary for lawyers today?

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