Advocates Act, 1961 - Chapter VII

Section 59 of the Advocates Act, 1961 - Removal of Difficulties

Section 59 empowers the Central Government to issue an order, published in the Official Gazette, to remove difficulties in implementing the Advocates Act, particularly difficulties arising from the transition from repealed legal-practitioner laws to the Advocates Act framework.

Current legal context: Section 59 remains part of Chapter VII of the Advocates Act, 1961. It is a transitional "removal of difficulties" provision. Any order made under it must be consistent with the purposes of the Act, and retrospective operation cannot begin from a date earlier than December 1, 1961.

What is Section 59 of the Advocates Act?

Section 59 provides a limited executive mechanism for resolving practical or legal difficulties that arise while giving effect to the Advocates Act. Its focus is especially on difficulties caused by the transition from the enactments repealed by the Advocates Act to the new statutory system of advocates, State Bar Councils and the Bar Council of India.

Section 59 - Statutory Text

59. Removal of difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

(2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the 1st day of December, 1961.

Clause-wise Explanation of Section 59

Section 59(1): Central Government power to remove difficulties

Sub-section (1) authorises the Central Government to make an order where a difficulty arises in implementing the Advocates Act. The order must be published in the Official Gazette and must be directed at removing the identified difficulty.

The power is not unlimited. Any provision made by such an order must not be inconsistent with the purposes of the Advocates Act. Section 59 therefore does not authorise the executive to rewrite the basic scheme of the Act.

Section 59(2): Limited retrospective effect

Sub-section (2) allows an order under Section 59(1) to operate retrospectively. However, the retrospective date cannot be earlier than December 1, 1961.

This date is significant because December 1, 1961 was a central commencement date for important provisions in the transition to the new advocates and Bar Council framework.

Meaning of Important Expressions

"Difficulty arises in giving effect to the provisions of this Act"

This expression refers to an implementation problem encountered while putting the Advocates Act into operation. Section 59 is especially concerned with transitional problems arising from the replacement of older legal-practitioner laws by the Advocates Act.

"By order published in the Official Gazette"

The Central Government must exercise the Section 59 power through a formally published order. Publication in the Official Gazette gives the order an official and publicly accessible legal form.

"Not inconsistent with the purposes of this Act"

This limitation is important. A removal-of-difficulties order can facilitate implementation, but it cannot lawfully contradict or defeat the purposes of the Advocates Act.

"Retrospective effect"

Retrospective effect means that an order may be expressed to operate from a date earlier than the date on which the order itself is issued. Under Section 59(2), that earlier date cannot precede December 1, 1961.

Relationship with Other Advocates Act Provisions

Section 50 - Repeal of certain enactments

Section 50 repealed specified earlier enactments and provisions relating to legal practitioners. Section 59 expressly recognises that difficulties might arise during the transition from those repealed laws to the Advocates Act.

Section 58 - Special provisions during the transitional period

Section 58 contains specific transitional arrangements concerning enrolment and practice rights. Section 59 operates more generally where an implementation difficulty remains and needs to be addressed by a Government order.

Section 60 - Power of Central Government to make rules

Section 60 is distinct from Section 59. Section 60 concerns Central Government rule-making in specified circumstances, while Section 59 concerns orders made specifically to remove implementation difficulties.

Nature and Scope of the Power

A removal-of-difficulties clause is generally intended to deal with practical transitional obstacles rather than confer a broad power to amend primary legislation. In the text of Section 59 itself, this limitation is reinforced by the requirement that any provision made by the Central Government must be consistent with the purposes of the Advocates Act.

Why Section 59 Still Matters

Section 59 remains useful when interpreting historical Government orders, legacy enrolment issues and other transitional measures connected with the early implementation of the Advocates Act. Its wording also illustrates the boundary between statutory implementation powers and the legislative scheme enacted by Parliament.

Key Points About Section 59

It is contained in Chapter VII on temporary and transitional provisions.
The power belongs to the Central Government.
An order must be published in the Official Gazette.
The order must address a difficulty in giving effect to the Advocates Act.
The order cannot be inconsistent with the purposes of the Act.
Retrospective effect is permitted, but not from a date earlier than December 1, 1961.
The section is primarily relevant to transitional and legacy implementation issues.

Official Source

For the current consolidated text of the Advocates Act, 1961, refer to India Code - Advocates Act, 1961.