Rights Of Advocate

Advertisements

Spread the love

Post Views: 1,213

Rights of Advocate

Right to Pre-Audience: Section 23 of the Advocates Act, 1961 provides the privilege of right to pre-audience to the advocate. The right of pre-audience is a right of being heard before another. This right is available in the given hierarchy:

Attorney General
Solicitor General
Additional Solicitor General
Second Additional Solicitor General or Advocate General of India
Advocate General of State
Senior Advocate
Other Advocate

In the hierarchy mentioned above, starting from the Attorney General of India to have the right of pre-audience and at last, the right is available to other advocates. According to this section, the advocate has the right to represent the case in court, and he can speak when he wants before an audience is present in the court and cannot be stopped from speaking unless he violates the decency of the court.

Right to enter in court: Section 30 of the Advocates Act, 1961 provide the right to practice in any court to an advocate. An advocate can enter any court concerning any matter and has the right to enter the Supreme Court of India. He can also be present in any of the hearings whether or not he is related to the matter.
Right to practice any profession: This right gets provided under Article 19 of the Constitution of India. According to this right, advocates can practice their profession in two categories; General protection and Specific Protection. General Protection provides the right to practice any profession or maintain any occupation. And Specific Protection concerns the right to practice as an advocate under section 30 of the Advocates Act.
Right against arrest: The Right against arrest get provided under Section 135 of the Code of Civil Procedure. This section provides that an advocate cannot get arrested under any circumstance. Accordingly, the advocate cannot get arrested under civil process if he is going to visit or is presiding or is returning from the court.
Right to meet the accused: For the proper understanding of the case, the advocate has the right to meet the accused whenever he wishes to do. He can even meet the accused in jail.