Section 53 of The States Reorganisation Act, 1956
- (1)The High Court for a new State shall have the like powers to approve, admit, enrol, remove and suspend advocates and attorneys, and to make rules with respect to advocates and attorneys as are, under the law in force immediately before the appointed day, exercisable by the High Court for the corresponding State.
- (2)The right of audience in the High Court for a new State 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 for the corresponding State: Provided that, subject to any rule made or direction given by the High Court for a new State in exercise of the power conferred by this section, any person who, immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act in any such High Court or Judicial Commissioner's Court as may be specified in this behalf by the Chief Justice of the High Court for the new State, shall be recognised as an advocate or an attorney entitled to practise or to act, as the case may be, in the High Court for the new State.
Summary
- The High Court of a new state has the power to approve and enroll advocates.
- These courts also have the authority to remove or suspend lawyers from practicing.
- The rules about who has a right of audience, which is the right to be heard in court, stay the same as in the old state.
- Lawyers who were already practicing in specific courts keep their status in the new High Court.
- Any person recognized as an advocate by the Chief Justice remains an advocate for that new state.
Practical examples
FAQ
1. Who has the power to admit new lawyers under Section 53 of the States Reorganisation Act, 1956?
Under Section 53 of the States Reorganisation Act, 1956, the High Court for a new state has the power to approve, admit, and enroll advocates and attorneys.
2. Do the rules for lawyers change when a new state is formed according to Section 53?
No, Section 53 of the States Reorganisation Act, 1956, says the new High Court follows the same principles and rules that were in force in the corresponding old state.
3. Does a lawyer lose their right to practice if their territory moves to a new state?
No, Section 53 of the States Reorganisation Act, 1956, ensures that advocates entitled to practice in the old courts are recognized as advocates in the new High Court.
Test yourself
Q1.Under Section 53 of the States Reorganisation Act, 1956, which authority has the power to enroll advocates for a new state?
Q2.What happens to the "right of audience" under Section 53 of the States Reorganisation Act, 1956?
Q3.According to Section 53 of the States Reorganisation Act, 1956, who specifies the existing lawyers who will be recognized in the new High Court?
Q4.Under Section 53 of the States Reorganisation Act, 1956, what happens if an advocate was entitled to practice in a Judicial Commissioner's Court before the change?