Calcutta High Court Allows Lawyers To Appear Before Senior Citizens' Tribunal, Lifts Embargo U/S 17 Senior Citizens Act

The Calcutta High Court has declared Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ultra vires Section 30 of the Advocates Act, 1961, thereby lifting the embargo on advocates appearing before Tribunals and Appellate Tribunals constituted under the Senior Citizens Act.

The judgment was delivered today by Justice Krishna Rao.

Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act provides that notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal under the Act shall be represented by a legal practitioner.

The provision had therefore operated as a bar on legal representation before the Tribunals constituted under the Senior Citizens Act.

Section 30 of the Advocates Act, 1961, on the other hand, confers upon every advocate whose name is entered in the State roll a right to practise throughout the territories to which the Act extends, including before any Tribunal or person legally authorised to take evidence.

The High Court has now held that Section 17 of the Senior Citizens Act cannot stand in the way of the statutory right conferred upon advocates under Section 30 of the Advocates Act.

Consequently, the embargo imposed by Section 17 against legal practitioners appearing before the Maintenance Tribunals and Appellate Tribunals has been lifted.

The judgment means that parties to proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can now be represented by advocates before the concerned Tribunal or Appellate Tribunal.

The issue has previously been considered by other High Courts. The Kerala High Court, in Adv. K.G. Suresh v. Union of India, had declared Section 17 of the Senior Citizens Act ultra vires Section 30 of the Advocates Act. Similar views were subsequently taken by the Delhi and Karnataka High Courts.

A detailed order is awaited.

Case: KRIPAL SINGH KHURANA VS STATE OF WEST BENGAL AND ORS

Case No: WPO/202/2026