Section 58AC of the Advocates Act, 1961: Uttar Pradesh State Bar Council Enrolments
Section 58AC is a temporary and transitional provision that validates a specific historical class of advocate enrolments connected with the High Court and the State Bar Council of Uttar Pradesh.
- It applies to persons enrolled as advocates by the High Court between 2 January 1962 and 25 May 1962.
- The person must subsequently have been admitted as an advocate on the State roll by the State Bar Council of Uttar Pradesh.
- The State-roll admission is deemed valid from the date of the earlier High Court enrolment.
- The provision operates notwithstanding anything in the Advocates Act or any judgment, decree or order of a court.
- The validated advocate is accordingly entitled to practise the profession of law, whether by pleading, acting or both.
Statutory text of Section 58AC
58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
Notwithstanding anything contained in this Act or any judgment, decree or order of any court, every person who was enrolled as an advocate by the High Court during the period beginning with the 2nd day of January, 1962 and ending on the 25th day of May, 1962 and was subsequently admitted as an advocate on the State roll by the State Bar Council of Uttar Pradesh shall be deemed to have been validly admitted as an advocate on that State roll from the date of his enrolment by the High Court and accordingly entitled to practise the profession of law (whether by way of pleading or acting or both).
Official source: Advocates Act, 1961 on India Code.
Meaning and legal effect of Section 58AC
Section 58AC is a validating provision. It addresses a specific historical transition in advocate enrolment and ensures that persons within the statutory class are treated as validly admitted to the Uttar Pradesh State roll from the date on which they had earlier been enrolled by the High Court.
1. Non-obstante clause
The section begins with the words "Notwithstanding anything contained in this Act or any judgment, decree or order of any court". This is a non-obstante clause. Within the field covered by Section 58AC, it gives the provision overriding effect over inconsistent provisions of the Act and contrary judicial decisions or orders.
2. Who is covered?
The provision does not apply to all advocates associated with Uttar Pradesh. It applies only where both statutory conditions are satisfied: first, the person was enrolled as an advocate by the High Court during the period from 2 January 1962 to 25 May 1962; and second, the person was subsequently admitted as an advocate on the State roll by the State Bar Council of Uttar Pradesh.
3. Deemed valid admission
The phrase "shall be deemed to have been validly admitted" creates a statutory legal fiction. The law requires the State-roll admission to be treated as valid from the date of the person's earlier High Court enrolment. The fiction therefore fixes both the validity and the effective date of admission for the class protected by the section.
4. Right to practise law
Once the statutory conditions are met, the person is accordingly entitled to practise the profession of law, whether by way of pleading or acting or both. The provision therefore protects the professional consequence flowing from the validated enrolment.
Important terms used in Section 58AC
| Term | Meaning in Section 58AC |
|---|---|
| High Court enrolment | The earlier enrolment as an advocate by the High Court during the statutory period from 2 January 1962 to 25 May 1962. |
| State roll | The roll of advocates maintained by the State Bar Council under the Advocates Act, 1961. |
| Deemed valid admission | A statutory legal fiction requiring the protected admission to be treated as legally valid. |
| Effective date | The State-roll admission is treated as taking effect from the date of the person's High Court enrolment. |
| Non-obstante clause | An overriding clause giving Section 58AC priority within its defined subject matter despite inconsistent provisions or specified judicial decisions. |
Legislative background
Section 58AC was inserted into the Advocates Act, 1961 by Section 40 of the Advocates (Amendment) Act, 1973 (Act 60 of 1973), with effect from 31 January 1974. The amendment inserted Sections 58AC, 58AD, 58AE and 58AF as additional temporary and transitional provisions.
Related provisions
Section 58AC forms part of Chapter VII, titled "Temporary and Transitional Provisions". Related provisions include Section 58A, Section 58AA, Section 58AB, Section 58AD, and Section 58AE.
Frequently asked questions
Does Section 58AC apply to every advocate enrolled in Uttar Pradesh?
No. It is limited to persons satisfying the historical enrolment conditions expressly stated in the section.
What date is treated as the date of valid State-roll admission?
The provision treats the State-roll admission as valid from the date on which the person was enrolled by the High Court.
Can a contrary judgment or court order defeat the protection?
Within the scope of Section 58AC, the statutory non-obstante clause expressly gives the provision overriding effect notwithstanding a judgment, decree or order of a court.