Section 58A of the Advocates Act, 1961: Special Provisions with Respect to Certain Advocates
Section 58A is a transitional provision in Chapter VII of the Advocates Act, 1961. It protects specified historical classes of advocates whose formal entry on earlier High Court rolls was affected by fee, reorganisation, repeal, or transitional circumstances, and enables qualifying persons to be admitted to the appropriate State roll.
Legal text checked against the current India Code version of the Advocates Act, 1961.
What is Section 58A of the Advocates Act?
Section 58A is titled "Special provisions with respect to certain advocates". It was inserted as a transitional measure and uses a non-obstante clause - "Notwithstanding anything contained in this Act" - so that the specified historical categories can receive the benefit of the deeming provision even where their names were not formally entered on the earlier roll for the reasons stated in the section.
Current text of Section 58A
58A. Special provisions with respect to certain advocates.
(1) Notwithstanding anything contained in this Act, all advocates who, immediately before the 26th day of July, 1948, were entitled to practise in the High Court in Allahabad or the Chief Court in Oudh and who under the provisions of the United Provinces High Courts (Amalgamation) Order, 1948 were recognised as advocates entitled to practise in the new High Court of Judicature at Allahabad but whose names were not formally entered on the roll of advocates of that High Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court, and all advocates who were enrolled as such between the said date and the 26th day of May, 1952, shall, for the purposes of clause (a) of sub-section (1) of section 17 be deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Uttar Pradesh.
(2) Notwithstanding anything contained in this Act, all advocates who, immediately before the 10th day of October, 1952, were entitled to practise in the High Court of Hyderabad but whose names were not formally entered on the roll of advocates of that High Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Andhra Pradesh or of Maharashtra.
(3) Notwithstanding anything contained in this Act, all advocates who, immediately before the 1st day of May, 1960, were entitled to practise in the High Court of Bombay and who applied to get their names entered on the roll of advocates of the High Court of Gujarat under the provisions of section 8 of the Indian Bar Councils Act, 1926 (38 of 1926), but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of the High Court of Gujarat under the said Act and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Gujarat.
(4) Notwithstanding anything contained in this Act, all persons who, immediately before the 1st day of December, 1961, were advocates on the roll of the Court of Judicial Commissioner in any Union territory under any law in force in that territory shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 (38 of 1926), and every such person may, on an application made in this behalf, be admitted as an advocate on the State roll maintained in respect of that Union territory.
How Section 58A works
Meaning of the reference to Section 17(1)(a)
Section 17 of the Advocates Act, 1961 requires every State Bar Council to prepare and maintain a roll of advocates. Clause (a) of Section 17(1) includes the category of persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926 immediately before the appointed day. Section 58A deems the specified historical classes to fall within that category for the purpose of admission to the appropriate State roll.
Meaning of the non-obstante clause
The words "Notwithstanding anything contained in this Act" indicate that each sub-section is intended to operate despite otherwise inconsistent provisions of the Advocates Act, to the extent necessary to give effect to the special transitional treatment provided by Section 58A. The section should therefore be read as a targeted saving and deeming provision rather than as a general route for present-day enrolment.
Why Section 58A remains relevant
Although Section 58A addresses historical transitions in the legal profession, it remains part of the Advocates Act, 1961. Its continuing significance is primarily interpretative and record-based: it explains how specified advocates affected by earlier court structures, State reorganisation, repeal, or incomplete roll formalities were to be integrated into the State-roll system established by the Advocates Act.
Frequently asked questions
Does Section 58A apply to every advocate seeking enrolment today?
No. Section 58A is framed for specific historical classes identified by dates, former courts, rolls, and transitional circumstances. Ordinary contemporary enrolment is governed principally by the current enrolment provisions of the Advocates Act and applicable Bar Council rules.
What is the practical effect of the deeming provision?
For the persons covered by Section 58A, the law treats them, for Section 17(1)(a), as having been entered on the relevant High Court roll under the Indian Bar Councils Act, 1926, thereby enabling the admission contemplated by the applicable sub-section.