Order LI: Notice of Proceedings to the Attorney-General for India or Advocate-General of States
Order LI of the Supreme Court Rules, 2013 governs when the Supreme Court may notify the Attorney-General for India or an Advocate-General of a State about pending proceedings and when either law officer may seek permission to be heard.
Rule 1: Notice by CourtRule 2: Application to be heardLegal explanationOfficial resources
Text of Order LI: Notice of Proceedings
Rule 1 - Notice directed by the Court
The Court may direct notice of any proceedings to be given to the Attorney-General for India or to the Advocate-General of any State, and the Attorney-General for India, or the Advocate-General to whom such notice is given may appear and take such part in the proceedings as he may be advised.
Meaning: The Supreme Court may direct that notice of proceedings be sent to the Attorney-General for India or an Advocate-General of a State. On receiving such notice, the law officer may appear and participate in the proceedings as considered appropriate. The rule does not require notice in every case.
Rule 2 - Application for permission to be heard
The Attorney-General for India or the Advocate-General of any State may apply to be heard in any proceedings before the Court, and the Court may, if in its opinion the justice of the case so requires, permit the Attorney-General for India or the Advocate-General so applying to appear and be heard, subject to such terms as to costs or otherwise as the Court may think fit.
Meaning: Either law officer may independently apply for an opportunity to address the Court. Permission is discretionary: the Court considers whether the justice of the case requires participation and may impose terms, including costs.
Legal context and practical application
The Attorney-General for India is a constitutional law officer appointed under Article 76 of the Constitution of India. Under Article 76(2), the Attorney-General has a duty to advise the Government of India on legal matters and perform assigned legal duties. Article 76(3) provides a right of audience in all courts in the territory of India.
An Advocate-General for a State is appointed under Article 165. Article 165(2) describes the duty to advise the State Government on legal matters and perform assigned legal functions. Order LI specifically regulates the opportunity to participate in Supreme Court proceedings under its two rules.
How the procedure operates: Under Rule 1, the Court itself may direct notice. Under Rule 2, a law officer may apply to be heard without waiting for a direction to issue notice. The Court then determines the scope of participation and any conditions. A direction under another applicable law or a specific judicial order must also be followed.
Distinction: A notice under Order LI is not the same as impleading the Union or a State as a party, and permission to be heard does not automatically confer party status or a right to control the proceedings.
Official legal sources
Consult the Supreme Court of India for the Supreme Court Rules, practice directions and procedural updates. The India Code portal provides the Constitution of India, including Articles 76 and 165. Verify the applicable rules and current practice directions before filing or relying on a procedural requirement.