Section 34 of The Andhra Pradesh Reorganisation Act, 2014 — Special provision relating to Bar Council and advocates
Bare section text
Official Legislative Text
- (1)On and from the date referred to in sub-section (1) of section 30, in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), in clause (a), for the words "Rajasthan, Uttar Pradesh", the words "Rajasthan, Telangana, Uttar Pradesh" shall be substituted.
- (2)Any person who immediately before the date referred to in sub-section (1) of section 30 is an advocate on the roll of the Bar Council of the existing State of Andhra Pradesh and practising as an advocate in the High Court at Hyderabad, may give his option in writing, within one year from that date to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Telangana and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the Bar Council of Telangana with effect from the date of the option so given for the purposes of the said Act, and the rules made thereunder.
- (3)The persons other than the advocates who are entitled immediately before the date referred to in sub-section (1) of section 30, to practise in the High Court at Hyderabad or any subordinate court thereof shall, on and after that date, be recognised as such persons entitled also to practise in the High Court of Andhra Pradesh or any subordinate court thereof, as the case may be.
- (4)The right of audience in the High Court of Andhra Pradesh shall be regulated in accordance with the like principles as immediately before the date referred to in sub-section (1) of section 30, are in force with respect to the right of audience in the High Court at Hyderabad.
Educational Study Layer
Summary
- The Advocates Act, 1961 is amended to officially add Telangana to the list of states with a recognized state Bar Council.
- Advocates enrolled in the existing Bar Council of Andhra Pradesh can choose in writing, within one year, to transfer their enrollment to the Bar Council of Telangana.
- Legal practitioners who are not advocates but were authorized to practice before the transition are officially recognized and allowed to practice in the new High Court of Andhra Pradesh and its lower courts.
- The right of audience, which determines the order of priority in which lawyers are heard in court, remains regulated by the same principles in the new High Court of Andhra Pradesh as they were in the High Court at Hyderabad.
Practical examples
FAQ
1. What is the time limit for an advocate to opt for the Telangana Bar Council under Section 34 of The Andhra Pradesh Reorganisation Act, 2014?
Under Section 34 of The Andhra Pradesh Reorganisation Act, 2014, an advocate must submit their option in writing within one year from the date referred to in sub-section (1) of Section 30 to transfer their name to the roll of the Bar Council of Telangana.
2. How is the priority of being heard in court regulated under Section 34 of the Andhra Pradesh Reorganisation Act, 2014?
Under Section 34 of the Andhra Pradesh Reorganisation Act, 2014, the right of audience, which means the rules of who gets heard first, is regulated in the High Court of Andhra Pradesh by the same principles that were in force in the High Court at Hyderabad before the transition.
3. What happens to legal practitioners who are not advocates under Section 34 of the 2014 State Reorganisation Act?
Under Section 34 of the 2014 State Reorganisation Act, persons other than advocates who were entitled to practice in the High Court at Hyderabad or its lower courts are officially recognized as entitled to practice in the High Court of Andhra Pradesh or its subordinate courts.
4. How does the reorganisation act modify the Advocates Act of 1961 under Section 34?
Under Section 34 of the reorganisation act, the Advocates Act of 1961 is amended in Section 3 to substitute the words "Rajasthan, Uttar Pradesh" with "Rajasthan, Telangana, Uttar Pradesh" to establish a separate Bar Council for Telangana.
Practice Quiz
Q1.Under Section 34 of The Andhra Pradesh Reorganisation Act, 2014, which legislation is amended to include "Telangana" alongside "Rajasthan, Uttar Pradesh" to establish its Bar Council?
Q2.Under Section 34 of The Andhra Pradesh Reorganisation Act, 2014, how much time does an advocate have to submit a written option to transfer their name to the Bar Council of Telangana?
Q3.Under Section 34 of The Andhra Pradesh Reorganisation Act, 2014, who is entitled to practice in the High Court of Andhra Pradesh or its lower courts, in addition to enrolled advocates?
Q4.Under Section 34 of The Andhra Pradesh Reorganisation Act, 2014, what governs the right of audience, meaning the order of priority for hearing lawyers, in the newly created High Court of Andhra Pradesh?