Power of High Courts to make rules
Section 34 of the Advocates Act, 1961 deals with power of High Courts to make rules. The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto. The Act came into force on 16 Aug 1961.
(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto.
1[(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto.]
2[(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith.]
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Section 34, The Advocates Act, 1961 (Act 25 of 1961).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mahipal Singh Rana vs State of U. P
Court's Decision & Legal Precedent
An Advocate Convicted Of Criminal Contempt Of Court For Intimidating And Threatening A Judge, Who Refuses To Show Remorse Or Tender Sincere Apology, And Whose Conduct Constitutes A Repeated Pattern Of Disrespect Toward The Judiciary, Can Be Punished Under The Contempt Of Courts Act And Debarred From Appearing In Courts Till Purging Contempt (Demonstrated Through Genuine Remorse And Sincere Apology). Additionally, Conviction For Contempt Involving Moral Turpitude Results In Suspension Of The Advocate's Enrollment Under Section 24A For Two Years, And The Supreme Court Can Exercise Appellate Jurisdiction Under Section 38 Of The Advocates Act To Impose Additional Disciplinary Suspension (License Suspension) For A Further Period When The Bar Council Fails To Take Action After Reference, Provided That The Court Has Given The Advocate Sufficient Opportunity To Purge Contempt.
On this section: High Court Rule-Making Power. The Court Cited This Section To Establish That High Courts Have Power To Frame Rules Laying Down Conditions For Advocate Appearance In Courts, Including Rules To Bar Advocates Who Have Committed Contempt.
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Margadarsi Financiers vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
A designated Senior Advocate cannot be appointed as a Special Public Prosecutor under Section 24(8) of the Criminal Procedure Code, 1973, because such appointment would require the Senior Advocate to directly file applications and conduct prosecutions, which violates the mandatory restrictions imposed on Senior Advocates under the Rules framed under the Advocates Act, 1961. Additionally, while the procedure prescribed under Sub-sections 4 and 5 of Section 24 CrPC (panel preparation and consultation) is not mandatory for Special Public Prosecutor appointments under Sub-section 8, the restrictions on Senior Advocates' practice are absolute and cannot be circumvented by government appointment.
On this section: Power to make rules regarding professional conduct
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The Advocate had to still further pass an examination which was recognized as an Advocate on Record examination. The argument which appealed to the High Court was that there was no power under Section 34 of the Advocates Act, 1961 to grant an exclusive right to the Advocates on Record or to insist that only an Advocate on record would have the right to do the various things provided for in the Rule. 9. As far as the system of Advocate on Record in this Court, undoubtedly, it is rested on a constitutional …
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… The object of the rules must be to bring objectivity, transparency and fair play in the entire process. The rule making power in this behalf can also be traced to Sub-section (1) of Section 34 of the Advocates Act which reads thus: "Section 34: Power of High Courts to make rules. (1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto." 84. The grassroots level …
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… Section 30 of the Advocates Act has not been brought into force and rightly so. Control of conduct in court can only be within the domain of courts. Thus Article 145 of the Constitution of India gives to the Supreme Court and Section 34 of the Advocates Act gives to the High Court power to frame rules including rules regarding condition on which a person (including an advocate) can practise in the Supreme Court and/or in the High Court and courts subordinate thereto. Many courts have framed rules in this behalf. Such a rule would be valid and …
Questions about Section 34
What have the courts held on Section 34 of the Advocates Act?
Mahipal Singh Rana vs State of U. P (05 Jul 2016) is the leading judgment on this section among those set out below: High Court Rule-Making Power. The Court Cited This Section To Establish That High Courts Have Power To Frame Rules Laying Down Conditions For Advocate Appearance In Courts, Including Rules To Bar Advocates Who Have Committed Contempt. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2016.
How do I find court cases under Section 34 of the Advocates Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Advocates Act 1961 34, section 34 Advocates Act 1961, section 34 of the Advocates Act. People searching for it also type advocate act 34 and advocate act 34 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mahipal Singh Rana vs State of U. P (05 Jul 2016).
What should I read with Section 34 of the Advocates Act, and has it changed?
Its own text turns on section 58AG (Special provisions in relation to articled clerks), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 34 of the Advocates Act come into force?
Section 34 of the Advocates Act, cited as Advocates Act 1961 34, came into force on 16 Aug 1961, having been enacted on 19 May 1961. It is in force as at the date shown on this page.
Other sections of this Act
- 24. Persons who may be admitted as advocates on a State roll867 words
- 3. State Bar Councils815 words
- 58A. Special provisions with respect to certain advocates572 words
- 50. Repeal of certain enactments564 words
- 42. Powers of disciplinary committee560 words
- 49. General power of the Bar Council of India to make rules514 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.