Advocates Act, 1961 - Chapter IV: Right to Practise
Section 32 of the Advocates Act, 1961: Power of Court to Permit Appearances in Particular Cases
Section 32 of the Advocates Act, 1961 creates a narrow exception to the general rule that legal practice is reserved for enrolled advocates. It allows a court, authority or person to permit someone who is not enrolled as an advocate to appear in a particular case.
In brief: A non-advocate has no general right to practise law under Section 32. The provision only gives the concerned court, authority or person discretion to permit that individual to appear in one particular case.
Text of Section 32
Section 32 - Power of court to permit appearances in particular cases
Notwithstanding anything contained in this Chapter, any court, authority or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.
Meaning and explanation of Section 32
1. Section 32 is an exception to Chapter IV
The opening words "notwithstanding anything contained in this Chapter" give Section 32 an overriding effect within Chapter IV for the limited purpose stated in the provision. It allows a forum to permit a non-advocate to appear even though Sections 29 and 33 generally reserve legal practice for enrolled advocates.
2. Permission is discretionary, not automatic
A non-advocate cannot demand appearance as a matter of right under Section 32. The power belongs to the court, authority or person before whom the matter is pending, and permission may be granted or refused in the circumstances of the particular case.
3. Permission is limited to a particular case
The words "in any particular case" are important. Permission under Section 32 does not amount to enrolment as an advocate and does not create a continuing or general right to appear in other cases.
4. Prior permission is required
Judicial decisions have emphasized that a person who is not enrolled as an advocate must obtain permission of the concerned forum before appearing or arguing for another person under Section 32. The provision is therefore not a substitute for the statutory right of practice available to enrolled advocates.
5. The forum may consider whether the appearance will assist justice
Because the power is discretionary, the concerned court or authority may consider the nature of the case, the proposed representative, applicable procedural law, the interests of the party and the proper administration of justice before granting permission.
Section 32 compared with the ordinary right to practise
| Issue | Enrolled advocate | Non-advocate under Section 32 |
|---|---|---|
| Source of authority | Section 30 and applicable law | Specific permission under Section 32 |
| Nature of right | Statutory right subject to the Act and rules | No general right; discretionary permission only |
| Scope | Practice throughout India subject to applicable law | Only the particular case for which permission is granted |
| Professional status | Advocate enrolled on a State roll | Does not become an advocate by reason of Section 32 permission |
How Section 32 works with Sections 29, 30 and 33
Section 29 recognizes advocates as the statutory class entitled to practise law. Section 30 gives enrolled advocates the right to practise throughout India. Section 33 generally restricts practice before courts and authorities to enrolled advocates. Section 32 operates as a limited exception to that framework for a particular case.
Section 32 does not override court procedure generally
Even where Section 32 applies, the appearance remains subject to the procedural law governing the forum and to any valid court rules. A High Court may also prescribe conditions of practice for advocates under Section 34.
Examples of situations where Section 32 may arise
- A party asks the court to permit a trusted non-advocate to assist or represent the party in a particular matter.
- A statutory authority considers whether a non-advocate may appear before it in one specific proceeding.
- A person acting under a power of attorney seeks to plead or argue for another person and requires the forum's permission where the law does not independently confer a right of audience.
Official legal sources
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
A Supreme Court judgment discussing the need for permission where a non-advocate seeks to appear may be checked here: Supreme Court of India - Judgment dated 19 October 2022.
Legal note: Section 32 creates a case-specific discretionary exception. It should not be read as a general authorization for non-advocates to practise law, accept briefs, act as professional representatives or appear routinely before courts and authorities.