Section 52 of THE ADVOCATES ACT, 1961 __________
Saving.
Nothing in this Act shall be deemed to affect the power of the Supreme Court to make rules
under article 145 of the Constitution―
- (a)for laying down the conditions subject to which a senior advocate shall be entitled to practise in that Court;
- (b)for determining the persons who shall be entitled to 1[act or plead] in that Court. CHAPTER VII TEMPORARY AND TRANSITIONAL PROVISIONS
Summary
- The Supreme Court keeps its authority to make rules under Article 145 of the Constitution of India.
- Specifically, the Supreme Court can still set the conditions for when a senior advocate is allowed to practice in that Court.
- The Supreme Court also retains the power to decide which people are allowed to act or plead (speak and represent clients) before it.
Practical examples
FAQ
1. Does the Supreme Court have a say in who becomes a senior advocate in its own court?
Yes, the Supreme Court can make rules defining the conditions under which a senior advocate is entitled to practice there.
Test yourself
1.Under Section 52 of THE ADVOCATES ACT, 1961 __, which constitutional article grants the rule-making power that remains unaffected?
2.According to Section 52 of THE ADVOCATES ACT, 1961 __, what can the Supreme Court regulate regarding senior advocates?
3.Under Section 52 of THE ADVOCATES ACT, 1961 __, the Supreme Court's power to determine who can "act or plead" refers to what?
4.If there is a conflict between a rule made by the Supreme Court under Article 145 and a general provision in THE ADVOCATES ACT, 1961 __, what does Section 52 suggest?