Professional ethicsRight to practiseSupreme Court of India

Aeltemesh Rein v Union of India

AIR 1988 SC 1768; (1988) 4 SCC 5419881 min read
The case in brief30-second read
Facts
An advocate sought a writ directing the Central Government to bring S.30 of the Advocates Act (right of advocates to practise in all courts and tribunals) into force.
Issue
Can the Court compel the Government to bring S.30 into force?
Held
The power under S.30's commencement provision is discretionary, so the Court would not order it brought into force.
Principle
The Court will not compel the Government to bring S.30 into force but may direct it to consider whether to do so; S.30 had not been notified in 1988.
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Facts

  • An advocate sought a writ directing the Central Government to bring S.30 of the Advocates Act (right of advocates to practise in all courts and tribunals) into force.

Issue

  1. Can the Court compel the Government to bring S.30 into force?

Held

  • The power under S.30's commencement provision is discretionary, so the Court would not order it brought into force.
  • But since more than a quarter of a century had passed, the Court issued a mandamus directing the Central Government to consider within six months whether S.30 should be brought into force.

Ratio decidendi

Commencement of a provision left to the executive cannot be compelled, but the executive must consider the question in good time.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for: S.30 was not in force in 1988.
  • Part B (16 marks): Use to correct the common error that S.30 came into force in 1973. Harish Uppal (2002) confirms it was still not in force in 2002.
  • Key line for exam: "We issue a writ in the nature of mandamus to the Central Government to consider within a period of six months whether section 30 of the Act should be brought into force or not."

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Citation

Aeltemesh Rein v Union of India AIR 1988 SC 1768; (1988) 4 SCC 54

Reported: https://indiankanoon.org/doc/127880/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.