Section 49A of AA : Section 49A: Power Of Central Government To Make Rules

Explanation using Example

Imagine a scenario where the Central Government decides to introduce a new qualification criterion for lawyers to become members of their State Bar Council. To implement this, the government issues a notification in the Official Gazette under Section 49A of the Advocates Act, 1961. The notification states that any advocate who wishes to be a member of the State Bar Council must now also have completed a specialized course in legal ethics.

This new rule, created by the Central Government, would take precedence over any existing rules set by the State Bar Councils regarding qualifications for membership if there is a conflict between the two. Once the rule is notified, it must be presented before both Houses of Parliament to ensure it aligns with the legislative intent and receives the necessary approvals or modifications.