Advocates Act, 1961 - Chapter VII
Section 60 of the Advocates Act, 1961 - Powers of Central Government to Make Rules
Section 60 is a transitional rule-making provision. It allows the Central Government to make rules on a matter until the relevant State Bar Council makes its own rules on that matter and those rules are approved by the Bar Council of India.
What is Section 60 of the Advocates Act?
Section 60 was designed to avoid a regulatory vacuum during the transition to the State Bar Council system. Where rules on a matter had not yet been made by a State Bar Council and approved by the Bar Council of India, the Central Government could temporarily exercise the rule-making power. Once valid State Bar Council rules on the same matter were made and approved, the Central Government could notify the date from which its own rules would cease to operate for that Bar Council.
Section 60 - Statutory Text
60. Powers of Central Government to make rules.
(1) Until rules in respect of any matter under this Act are made by a State Bar Council and approved by the Bar Council of India, the power to make rules in respect of that matter shall be exercisable by the Central Government.
(2) The Central Government after consultation with the Bar Council of India may, by notification in the Official Gazette, make rules under sub-section (1) either for any State Bar Council or generally for all State Bar Councils and the rules so made shall have effect, notwithstanding anything contained in this Act.
(3) Where in respect of any matter any rules are made by the Central Government under this section for any State Bar Council, and in respect of the same matter, rules are made by the State Bar Council and approved by the Bar Council of India, the Central Government may, by notification in the Official Gazette, direct that the rules made by it in respect of such matter shall cease to be in force in relation to that Bar Council with effect from such date as may be specified in the notification and on the issue of such notification the rules made by the Central Government shall, accordingly, cease to be in force except as respects things done or omitted to be done before the said date.
Clause-wise Explanation of Section 60
Section 60(1): Temporary Central rule-making power
Sub-section (1) gives the Central Government temporary power to make rules on a matter for which a State Bar Council has not yet made rules approved by the Bar Council of India. The provision therefore operates as a transitional substitute until the normal State Bar Council rule-making mechanism becomes effective.
Section 60(2): Consultation, Gazette notification and overriding effect
Before making rules under Section 60(1), the Central Government must consult the Bar Council of India. The rules must be made by notification in the Official Gazette and may apply to a particular State Bar Council or generally to all State Bar Councils.
The words "notwithstanding anything contained in this Act" give such transitional rules overriding effect while they remain in force.
Section 60(3): When Central Government rules cease to operate
If a State Bar Council later makes rules on the same matter and those rules are approved by the Bar Council of India, the Central Government may notify a date from which its own rules will cease to operate in relation to that State Bar Council.
The provision also saves past acts and omissions. In other words, the cessation of the Central rules does not invalidate matters already done or omitted before the notified date.
Meaning of Important Expressions
"Approved by the Bar Council of India"
Under Section 60, State Bar Council rules do not displace Central Government rules merely because the State Bar Council has framed them. For the transition contemplated by Section 60, the State rules must also receive the required approval of the Bar Council of India.
"By notification in the Official Gazette"
The Central Government must exercise the powers under sub-sections (2) and (3) through a formal Gazette notification. This includes both making transitional rules and notifying when those rules cease to operate.
"Notwithstanding anything contained in this Act"
This is a non-obstante clause. It means that rules validly made under Section 60(2) operate despite an inconsistent provision elsewhere in the Act, for as long as those transitional rules remain in force.
"Except as respects things done or omitted to be done"
This saving protects the legal effect of actions and omissions that occurred while the Central Government rules were still in force. Their later cessation does not retrospectively undo those earlier matters.
Relationship with Sections 49 and 49A
Section 49 - Bar Council of India rule-making power
Section 49 gives the Bar Council of India broad power to make rules for discharging its functions under the Advocates Act. Section 60, by contrast, is focused on the temporary exercise of a State Bar Council rule-making field by the Central Government until approved State rules are in place.
Section 49A - Central Government general rule-making power
Section 49A authorises the Central Government, by notification in the Official Gazette, to make rules for carrying out the purposes of the Advocates Act, including matters on which the Bar Council of India or a State Bar Council may make rules. This is broader in formulation than the transitional mechanism in Section 60.
Why Section 60 Still Matters
Section 60 remains important for understanding the early regulatory transition under the Advocates Act and the legal status of Central Government rules that temporarily occupied a field later taken over by approved State Bar Council rules. It also illustrates how Parliament preserved continuity while the new Bar Council rule-making structure was being established.
Key Points About Section 60
- It is a transitional provision in Chapter VII of the Advocates Act, 1961.
- The Central Government may temporarily make rules where approved State Bar Council rules do not yet exist.
- The Bar Council of India must be consulted before rules are made under Section 60(2).
- The rules may apply to one State Bar Council or all State Bar Councils.
- Central Government rules under Section 60 have overriding effect while in force.
- Approved State Bar Council rules on the same matter can replace the Central rules after a Gazette notification.
- Past acts and omissions under the Central rules remain protected after those rules cease to operate.
- Section 60 should be distinguished from the broader Central Government power under Section 49A.
Official Source
For the current consolidated text of the Advocates Act, 1961, refer to India Code - Advocates Act, 1961.