Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Can a non-lawyer appear on behalf of a litigant in a court of law? Or Can a litigant engage a person who is not a lawyer to represent him/her before a court of law? This piece attempts to answer these queries.Statutory Scheme Section 30 of the Advocates Act gives statutory right to every advocate whose name is entered in the [State roll] the right to practise in all courts including the Supreme Court, before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. Section 33 reiterates this entitlement by stating that no person shall be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate. Section 29 further provides that Advocates are the only recognised class of persons entitled to practise law. However, Section 32 empowers any court, authority, or person to permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.Non-Lawyer Can Appear, But Only If Court PermitsThe question whether a person who is not an advocate by profession, can be permitted to plead on behalf of the litigant was answered by the Supreme Court in its judgment delivered four decades ago in Harishankar Rastogi vs Girdhari Sharma AIR 1978 SC 1019. It was held thus: A private person, who is not an advocate, has no right to barge into Court and claim to argue for a party. He must get the prior permission of the Court, for which the motion must come from the party himself. It is open to the Court to grant or withhold permission in its discretion. In fact, the Court may, even after grant of permission, withdraw it half-way through if the representative proves himself reprehensible. The antecedents, the relationship, the reasons for requisitioning the services of the private person and a variety of other circumstances must be gathered before grant or refusal of permission. To hold thus, Section 2(q) of the Criminal Procedure Code was taken note of, in which a pleader, by definition, includes any person other than one authorised by law to practice in a court if he is appointed with the permission of the court, to act in a particular proceeding. Justice VR Krishna Iyer observed thus: "Even so, is it not open to a party who is unable for some reason or other to present his case adequately to seek the help of another person in this behalf? To negative such a plea may be denying justice altogether in certain cases, especially in a land of illiteracy and indigence and judicial processes of a sophisticated nature. That is precisely why legislative policy has taken care to, provide for such contingencies. Sections 302, 303 and 304 of the Criminal Procedure Code are indicative of the policy of the legislature. I do not think that in this Court we should totally shut out representation by any person other than the party himself in situations where an, advocate is not appearing for the party. A comprehensive programme of free, legal services is, in a sense, a serious obligation of the State if the yule of law were to receive vitality in its observance. Until then parties may appear through advocates, and where they are not represented by one such, through some chosen friend. Such other person cannot practice the profession of habitually representing parties in court. If a non-advocate specialises in practicing in court, professionally be will be violating the text of the interdict in the Advocates Act. I cannot allow him to do so. Nevertheless, it is open to a person, who is party to a Proceeding, to get himself represented by a non-advocate in a particular instance or case. Practicing a profession means something very different from representing some friend or relation on one occasion or in one case or on a few occasions or in a few cases. In the present instance, permission is sought for representation through a non-advocate. it is absolutely clear that any one who is not an advocate, cannot, as of right, force himself into this Court and claim to plead for another. Permission may, however, be granted by this Court taking the justice of the situation and several other factors into consideration for such nonprofessional representation. This approach accords with the policy of the Criminal Procedure Code (I am concerned with a criminal proceeding here) as spelt out in Section 2(q). A pleader, by definition includes any person other than one authorised by law to practice in a court if he is appointed with the permission of the court, to act in a particular proceeding. This Court's power may well be exercised in regulating audience before it in tune with the spirit of section 2(q) of the Code." Earlier this year, the Madras High Court, relying on this judgment, held that a court has the power to permit any person not enrolled as an...

Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Ashok Kini

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