Chapter IV: Right to Practice

Article 19(1)(g): Freedom to carry any profession ,

trade or business.
Article 19(6): Reasonable restrictions in public
interest.
Advocates Act, 1961: Ss. 29 to 34.
Section2(a): Advocate
Section 29: Advocates to be the only recognized class
of persons entitled to practice law
30: Rights of advocates to practice

Subject to the provisions of the Act the advocates

have the right to practice:
 In all courts including the Supreme Court,
 Before any tribunal or person who is legally
authorized to take pieces of evidence,
 Before any other authority or person before whom
such advocate is by or under any law for the time
being in force entitled to practice.
Section 32: Power of court to permit appearances in
particular cases
 Any court, authority, person may permit any person
who is not enrolled as an advocate to appear before
the court or him in any particular case.
Section 33: Advocates alone entitled to practice
No person shall on or after the appointed day is
entitled to practice in any court or authority or person
unless he is enrolled as an advocate under this Act
except as otherwise provided.
34: Power of High Courts to make rules

The High Court may make rules laying down the

conditions subject to which an advocate shall be
permitted to practice in the High Court and
subordinate courts to it. High Court can make rules
relating to fees payable.
Article.145: S C can make rules as to the persons
practicing before the Court.
Can BCI impose pre-conditions on the right to
practice
 V. Sudeer. Bar Council of India
 Indian Council of Legal Aid& advice v. BCI
 All India Bar Examination rules