Section 52 of the Advocates Act, 1961 - Saving of Supreme Court Rule-Making Power

Section 52 of the Advocates Act, 1961 preserves the Supreme Court's constitutional power under Article 145 to make rules governing practice before the Court. In particular, the Advocates Act does not affect the Court's power to prescribe conditions for senior advocates and to determine who may act or plead before it.

Current statutory position: Section 52 remains in force in the present India Code version of the Advocates Act, 1961. Sections 51 and 52 were brought into force on 24 January 1962. Last reviewed: 6 September 2026.

What Is the Saving Provision Under Section 52?

A saving clause preserves an existing legal power, right or arrangement from being unintentionally affected by another statute. Section 52 ensures that the Advocates Act, 1961 does not curtail the Supreme Court's constitutional power to regulate specified aspects of practice before it.

The provision therefore recognizes that regulation of advocates under the Advocates Act operates alongside the Supreme Court's separate constitutional authority under Article 145.

Important Legal Provisions and Definitions

Senior advocate - Section 16 Section 16 recognizes two classes of advocates: senior advocates and other advocates. A senior advocate is designated by the Supreme Court or a High Court in accordance with that section.
Article 145 of the Constitution Article 145 empowers the Supreme Court, subject to parliamentary law and with the approval of the President, to make rules regulating generally the practice and procedure of the Court.
Saving clause A saving clause preserves an existing legal power or position despite the enactment of another statutory provision.
Act or plead Section 52 preserves the Supreme Court's authority to determine the persons entitled to act or plead before that Court in accordance with its rules.

Section 52 - Saving

Nothing in the Advocates Act, 1961 is to be treated as affecting the Supreme Court's power to make rules under Article 145 of the Constitution:

(a) prescribing the conditions subject to which a senior advocate is entitled to practise in the Supreme Court; and

(b) determining the persons who are entitled to act or plead in the Supreme Court.

Why Section 52 Matters

The Advocates Act establishes the national statutory framework for the legal profession, including enrolment, professional regulation and the distinction between senior advocates and other advocates. Section 52 makes clear that this framework does not displace the Supreme Court's own constitutional rule-making authority over practice before it.

Article 145 of the Constitution and Section 52

Article 145(1) authorizes the Supreme Court to make rules regulating generally its practice and procedure, subject to any law made by Parliament and with the approval of the President. The matters expressly mentioned in Article 145 include rules concerning persons practising before the Court.

Section 52 specifically protects this constitutional authority in relation to senior advocates and the persons entitled to act or plead before the Supreme Court.

Legal Effect of Section 52

  • The Advocates Act does not override the Supreme Court's rule-making authority under Article 145 in the matters specified by Section 52.
  • The Supreme Court may prescribe conditions governing the practice of senior advocates before it.
  • The Supreme Court may determine, through its rules, who is entitled to act or plead before the Court.
  • Section 52 should be read together with Section 16 of the Advocates Act and the applicable Supreme Court Rules.

Official Sources

The current statutory text can be checked in the Government of India's India Code publication: Advocates Act, 1961 - Official India Code PDF.

Article 145 can be checked in the official Constitution of India publication issued by the Legislative Department: Constitution of India - Official PDF.

This page is intended as a general statutory reference. Questions about appearance, acting, pleading or restrictions applicable to senior advocates before the Supreme Court should also be checked against the current Supreme Court Rules, practice directions and applicable judicial decisions.