TMI Blog1988 (8) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... rder that the Union Government shall show cause (i) why it should not be directed to implement faithfully the decision of this Court in Prem Shankar Shukla v. Delhi Administration, [1980] 3 SCR 855 as regards the handcuffing of the accused arrested under the provisions of the Criminal Law; and (ii) why it should not be directed to consider the question of issuing a Notification bringing section 30 of the Advocates Act, 1961 (hereinafter referred to as 'the Act') into force since already more than 25 years had elapsed from the date of the passing of the Act. The first question referred to above arose on account of the allegations relating to the alleged handcuffing of an advocate practising in Delhi contrary to law while he was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erent dates may be appointed for different provisions of the Act. Chapters I, II and VII of the Act were brought into force on 16.8.1961, Chapter III and section 50(2) on 1.12.1961, section 50(1) on 15.12.1961, sections 51 and 52 on 24.1.1962, section 46 on 29.3.1962, section 32 and Chapter VI (except sections 50(1) and (2), 51, 52 and 46 which had already come into force) on 4.1.1963, Chapter V on 1.9.1963 and sections 29, 31, 33 and 34 of Chapter IV of the Act on 1.6.1969. Section 30 of the Act, with which we are concerned, has not yet been brought into force. Section 30 of the Act reads thus: 30. Right of advocates to practise-Subject to the provisions of this Act, every Advocate whose name is entered in the State roll shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tance of a legal expert as amicus curiae. There are certain land tribunals constituted under some of the Acts which are in force in certain States before which advocates cannot appear at all. In many of the cases which come up before the Courts or Tribunals before which advocates cannot appear as of right complicated questions of law affecting the rights of individuals arise for consideration and they need the assistance of advocates. We have travelled a long distance from the days when it was considered that the appearance of a lawyer on one side would adversely affect the interests of the parties on the other side. The Legal Aid and Advice Boards, which are functioning in different States, can now be approached by people belonging to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by issuing a mandamus to the Central Government obligating it to bring the provisions of section 3 into force. The Parliament having left to the unfettered judgment of the Central Government the question as regards the time for bringing the provisions of the 44th Amendment into force, it is not for the Court to compel the Government to do that which, according to the mandate of the Parliament, lies in its discretion to do when it considers it opportune to do it. The executive is responsible to the Parliament and if the Parliament considers that the executive has betrayed its trust by not bringing any provision of the Amendment into force, it can censure the executive. It would be quite anomalous that the inaction of the executive should hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Government to bring section 30 of the Act into force. But, we are of the view that this decision does not come in the way of this Court issuing a writ in the nature of mandamus to the Central Government to consider whether the time for bringing section 30 of the Act into force has arrived or not. Every discretionary power vested in the Executive should be exercised in a just, reasonable and fair way. That is the essence of the rule of law. The Act was passed in 1961 and nearly 27 years have elapsed since it received the assent of the President of India. In several conferences and meetings of lawyers resolutions have been passed in the past requesting the Central Government to bring into force section 30 of the Act. It is not cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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