HIGH COURTCentral
Section 34 of The North-Eastern Areas (Reorganisation) Act, 1971
- (1)Subject to any rule made or direction given by the common High Court in this behalf, any person, who immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam and Nagaland or in the Court of the Judicial Commissioner for Manipur or in the Court of the Judicial Commissioner for Tripura, shall be entitled to practise as an advocate in the common High Court.
- (2)The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam and Nagaland: Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates.
- (3)On and from the appointed day, in the Advocates Act, 1961 (25 of 1961) (hereafter in this Part referred to as the Advocates Act), in section 3,—
- (a)in sub-section (1),—
- (i)for clause (b), the following clause shall be substituted, namely:— "(b) for the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and Arunachal Pradesh, to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura.";
- (ii)in clause (e), for the words "Union territories of Tripura and the Andaman and Nicobar Islands", the words "Union territory of the Andaman and Nicobar Islands" shall be substituted;
- (b)in sub-section (2), in clause (b), for the words "Bar Council of Assam", the words "Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura" shall be substituted.
- (a)in sub-section (1),—
- (4)The provisions of section 17 of the Advocates Act shall have effect in respect of the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura subject to the modifications that,—
- (a)for clause (a) of sub-section (1) of the said section 17, the following clause shall be substituted, namely:— "(a) all persons who were entered as advocates,—
- (i)on the roll of the Bar Council of Assam and Nagaland immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971;
- (ii)on the roll of the Bar Council of West Bengal immediately before that day and who, within three months from that day, express in such manner as the Bar Council of India may, by rules, prescribe their intention in writing to practise within the jurisdiction of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;";
- (b)in clause (a) of sub-section (3) of the said section 17, for the words and figures "with his date of enrolment under the Indian Bar Councils Act, 1926," (38 of 1926) the words "with his seniority on the roll of the Bar Council of Assam and Nagaland or, as the case may be, the Bar Council of West Bengal" shall be substituted.
- (a)for clause (a) of sub-section (1) of the said section 17, the following clause shall be substituted, namely:— "(a) all persons who were entered as advocates,—
- (5)Notwithstanding anything contained in the Advocates Act, as amended or modified by sub-sections (3) and (4),—
- (a)in the case of the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura under that Act, the fifteen members required to be elected under clause (b) of sub-section (2) of section 3 of that Act, shall be nominated by the Chief Justice of the common High Court from amongst the advocates who are entitled as of right of practise in that High Court and are ordinarily practising within the territories comprised in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Mizoram and Arunachal Pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the Council or until their successors are duly elected in accordance with the provisions of the said Act, whichever is earlier;
- (b)the names of persons entered on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura from the roll of the Bar Council of West Bengal in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), shall, as from the date or dates on which the names are so entered, stand removed from the roll of the Bar Council of West Bengal;
- (c)any proceedings which were pending or which may be instituted against any person before or by the Bar Council of Assam and Nagaland or by the Bar Council of West Bengal immediately before his name is entered in the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the Advocates Act, as modified by sub-section (4), may, after such entry, be continued or instituted before or by the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura;
- (d)every person who, immediately before his name stands removed from the roll of the Bar Council of West Bengal in accordance with the provisions of clause (b), is a member of the Bar Council of West Bengal, shall cease to be a member of that Council as from the date on which his name stands so removed from the roll of that Bar Council;
- (e)the rules made or deemed to have been made by the Bar Council of Assam and Nagaland and in force immediately before the date on which the first Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura is duly constituted in accordance with the provisions of clause (a), shall, subject to such modifications and adaptations as may be made therein by the Chairman of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, be deemed to be rules made by that Bar Council and shall have effect accordingly. (6)(a) As from the appointed day, the assets and liabilities of the Bar Council of Assam and Nagaland shall pass to the Bar Council of Assam Nagaland, Meghalaya, Manipur and Tripura.
- (b)The assets and liabilities of the Bar Council of West Bengal shall be apportioned between that Bar Council and the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura in such manner and proportion as may be agreed upon by the Bar Councils and in default of agreement with reference to any matter, the matter shall be referred to the Chairman of the Bar Council of India and his decision thereon shall be final. Explanation.—Expressions used in this section but not defined in this Act shall have the meanings assigned to them respectively in the Advocates Act.
Summary
- The single most important thing this section does is create a unified Bar Council and establish the rules for lawyers practising in the new common High Court.
- It automatically allows lawyers who previously practiced in the abolished local courts to practice in the new common High Court.
- It dictates that the right to speak in court among the various Advocates-General is based strictly on their original dates of enrolment as lawyers.
- It provides a mechanism for lawyers from the West Bengal Bar Council to transfer to the new joint Bar Council within three months.
- It sets up a temporary fifteen-member Bar Council, nominated by the Chief Justice for one year, to manage affairs until standard elections can happen.
- It mandates that the assets, liabilities, and ongoing disciplinary cases of the old Assam and Nagaland Bar Council are transferred to the new joint Bar Council.
Practical examples
1Rajesh, a lawyer who had been practising in the Judicial Commissioner's Court in Tripura for ten years, does not need to pass a new exam in 1972. This section grants him the automatic right to practice in the newly formed common High Court.
2In February 1972, a lawyer registered with the West Bengal Bar Council decides she wants to move her practice to Meghalaya. She writes a formal letter of intent within the three-month deadline, and her name is successfully moved to the new joint Bar Council's roll.
FAQ
1. Can lawyers from the old courts practice in the new one under Section 34 of the 1971 North-Eastern Areas Act?
Yes, Section 34 of the 1971 North-Eastern Areas Act ensures that any advocate entitled to practice in the former courts of Assam, Nagaland, Manipur, or Tripura is automatically entitled to practice in the new common High Court.
2. How is the seniority of top government lawyers decided under Section 34 of the North-Eastern Reorganisation Act?
Under Section 34 of the North-Eastern Reorganisation Act, the right of audience among the Advocates-General of the different states is determined by the dates they originally enrolled as advocates.
3. Who runs the new Bar Council initially under Section 34 of the 1971 Act?
Section 34 of the 1971 Act dictates that the Chief Justice of the common High Court nominates fifteen eligible advocates to serve as the Bar Council members for the first year.
4. Can West Bengal lawyers join the new council under Section 34 of the Reorganisation Act?
Yes, Section 34 of the Reorganisation Act allows advocates on the West Bengal roll to transfer to the new joint Bar Council if they express their intention in writing within three months of the appointed day.
Test yourself
Q1.Under Section 34 of The North-Eastern Areas (Reorganisation) Act, 1971, how is the right of audience determined among the Advocates-General of the various states?
Q2.According to Section 34 of the 1971 North-Eastern Areas Act, how are the members of the very first joint Bar Council selected?
Q3.Under Section 34 of the North-Eastern Reorganisation Act, what is the time limit for an advocate on the West Bengal roll to express their intention to transfer to the new Bar Council?
Q4.If an advocate transfers from West Bengal to the new Bar Council under Section 34 of the 1971 Act, what happens to their membership in the West Bengal council?
Q5.While Section 33 of the 1971 Act handles paying the Judges' salaries, what does Section 34 handle regarding financial matters?