Section 55 of the Advocates Act, 1961 - Rights of Certain Existing Legal Practitioners Not Affected

Section 55 of the Advocates Act, 1961 is a transitional saving provision. It protects specified pre-existing rights of certain pleaders, vakils, mukhtars and revenue agents who were practising immediately before Chapter IV of the Act came into force, even though the older laws under which they practised were repealed.

Current statutory position: Clause (b) of Section 55 was omitted by Act 107 of 1976 with effect from 1 January 1977. Clauses (a), (c) and (d) continue to appear in the present India Code text. Last reviewed: 6 September 2026.

What Is Section 55 of the Advocates Act, 1961?

Section 55 was enacted to avoid extinguishing certain existing practice rights merely because the Advocates Act repealed earlier laws governing legal practitioners. It allows specified categories of practitioners to continue enjoying the same rights they had immediately before the relevant commencement date, subject to the conditions stated in the section.

The section begins with a non-obstante clause, so it operates notwithstanding other provisions of the Advocates Act for this limited transitional purpose.

Important Terms and Legal Context

Chapter IV Chapter IV of the Advocates Act deals with the right to practise. Section 55 refers to the date on which Chapter IV came into force as "the said date."
Pleader or vakil These were categories of legal practitioners recognized under earlier laws before the unified advocates' system under the Advocates Act.
Mukhtar A mukhtar was a category of legal practitioner recognized under the Legal Practitioners Act, 1879 and certain other laws.
Revenue agent A revenue agent was a practitioner entitled under earlier law to appear or act in specified revenue matters or before revenue authorities.

Clause (a) - Pleaders and Vakils

Section 55 protects every pleader or vakil who was practising as such immediately before Chapter IV came into force by virtue of the Legal Practitioners Act, 1879, the Bombay Pleaders Act, 1920 or any other law, where that person did not elect to be, or was not qualified to be, enrolled as an advocate under the Advocates Act.

Clause (b) - Omitted

Clause (b) no longer forms part of the operative text. It was omitted by Act 107 of 1976, Section 10, with effect from 1 January 1977.

Clause (c) - Mukhtars

Every mukhtar who was practising immediately before the relevant date under the Legal Practitioners Act, 1879 or any other law, and who did not elect to be, or was not qualified to be, enrolled as an advocate under the Advocates Act, falls within the protection of Section 55.

Clause (d) - Revenue Agents

Every revenue agent practising as such immediately before the relevant date under the Legal Practitioners Act, 1879 or any other law is included within the saving provision.

What Rights Does Section 55 Preserve?

Despite repeal of the relevant provisions of the Legal Practitioners Act, 1879, the Bombay Pleaders Act, 1920 or other applicable law, persons covered by Section 55 continue to enjoy the same rights concerning practice in any court or revenue office, or before any authority or person, that they enjoyed immediately before the relevant date.

They also remain subject to the disciplinary jurisdiction of the same authority to which they were subject immediately before that date. For those limited purposes, the relevant repealed provisions continue to operate in relation to those persons as if they had not been repealed.

Key Legal Effect

  • Section 55 is a saving clause protecting pre-existing practice rights of specified categories of practitioners.
  • It does not create new practice rights; it preserves rights already enjoyed immediately before Chapter IV came into force.
  • The same historical disciplinary authority also continues to apply to persons protected by the section.
  • The provision operates despite repeal of the older practitioner statutes.

Official Source

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

This page is intended as a general statutory reference. Questions concerning an individual's historical right to practise may require examination of the law under which that person originally practised, commencement notifications, enrolment records and applicable judicial decisions.