Section 50 of the Advocates Act, 1961 - Repeal of Certain Enactments
Section 50 of the Advocates Act, 1961 provides for the phased repeal of earlier laws governing Bar Councils, admission and enrolment of legal practitioners, the right to practise, and disciplinary control. The repeals were linked to the constitution of State Bar Councils and the commencement of relevant Chapters of the Advocates Act.
What Is Section 50 of the Advocates Act, 1961?
Section 50 is a repeal and transition provision. Its purpose was to replace older statutory arrangements governing legal practitioners with the unified regulatory framework created by the Advocates Act, 1961.
The section does not repeal every earlier law at one single point in time. Instead, different repeals were tied to different statutory events, such as constitution of a State Bar Council or commencement of Chapters III, IV and V of the Advocates Act.
Important Terms and Related Legal Provisions
Section 50(1) - Repeal on Constitution of a State Bar Council
On the date on which a State Bar Council is constituted under the Advocates Act, specified provisions of the Indian Bar Councils Act, 1926 stand repealed in the territory for which that State Bar Council is constituted.
The provisions identified are Sections 3 to 7, sub-sections (1), (2) and (3) of Section 9, Section 15 and Section 20 of the Indian Bar Councils Act, 1926.
Section 50(2) - Repeal of Earlier Admission and Enrolment Provisions
On the commencement of Chapter III, provisions relating to admission and enrolment of legal practitioners stood repealed, including:
- Sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879, and relevant parts of Sections 8, 9, 16, 17, 19 and 41 of that Act;
- Sections 3, 4 and 6 of the Bombay Pleaders Act, 1920;
- the relevant part of Section 8 of the Indian Bar Councils Act, 1926 concerning admission and enrolment; and
- provisions of High Court Letters Patent and other laws, insofar as they related to admission and enrolment of legal practitioners.
Section 50(3) - Repeal of Earlier Provisions Conferring the Right to Practise
On the commencement of Chapter IV, earlier provisions conferring a right to practise stood repealed. These included specified provisions of the Legal Practitioners Act, 1879, the Bombay Pleaders Act, 1920 and the Indian Bar Councils Act, 1926.
The Supreme Court Advocates (Practice in High Courts) Act, 1951 was also repealed, along with provisions in High Court Letters Patent and other laws conferring on legal practitioners a right to practise in any court or before any authority or person.
Section 50(4) - Repeal of Earlier Disciplinary Provisions
On the commencement of Chapter V, specified provisions dealing with suspension, removal or dismissal of legal practitioners stood repealed.
The repeal covered relevant provisions of the Legal Practitioners Act, 1879, Sections 24 to 27 of the Bombay Pleaders Act, 1920, Sections 10 to 13 of the Indian Bar Councils Act, 1926, and corresponding provisions in High Court Letters Patent or other laws.
Section 50(5) - Repeal After the Whole Act Came into Force
When the whole Advocates Act came into force, the remaining provisions of the Acts referred to in Section 50 that had not already been repealed stood repealed, subject to the statutory exception then made for Sections 1, 3 and 36 of the Legal Practitioners Act, 1879.
The enactments specified in the Schedule to the Advocates Act also stood repealed to the extent stated in that Schedule.
Section 50(6) - Repeal of Sections 1, 3 and 36 of the Legal Practitioners Act, 1879
Sub-section (6), inserted by the Repealing and Amending Act, 2023, provides that on the date Section 45A of the Advocates Act, 1961 comes into force, Sections 1, 3 and 36 of the Legal Practitioners Act, 1879 shall stand repealed.
Section 45A deals with the power to frame and publish lists of touts. The 2023 amendment therefore links the final repeal of those remaining provisions of the 1879 Act to commencement of Section 45A.
Legal Effect of Section 50
- Section 50 is a transitional repeal provision that displaced older legal-practitioner laws as the Advocates Act framework came into operation.
- Different categories of earlier law were repealed at different stages: Bar Council structure, admission and enrolment, right to practise, and disciplinary control.
- The provision must be read with the commencement history of the Advocates Act and its transitional provisions.
- Sub-section (6) reflects a later legislative step concerning the remaining provisions of the Legal Practitioners Act, 1879.
Official Source
The current text of the Advocates Act, 1961 can be checked on the Government of India's India Code portal: Advocates Act, 1961 - Official India Code PDF.
This page is intended as a general statutory reference. Historical repeal questions may require examination of commencement notifications, amendment Acts, saving clauses and judicial decisions.