LI Network
Published on: October 16, 2023 at 11:35 IST
The Supreme Court of India dismissed a Writ Petition challenging the practice of designating Advocates as Senior Advocates under Sections 16 and 23(5) of the Advocates Act, 1961.
The Petition had compared the ‘Senior designation’ to the historical concept of Queen’s counsel in 18th century England and argued that this practice was unconstitutional, violating Articles 14, 19, and 21 of the Indian Constitution.
In its judgment, the Bench, comprising Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia, and Justice C.T. Ravikumar, affirmed the constitutionality of designating senior advocates. They emphasized that the seniority of an Advocate is based on a standardized metric of merit, with the purpose of advancing professional standards. The classification of Senior advocates is not arbitrary but serves a legitimate purpose.
The Bench also highlighted the importance of providing junior lawyers with patient hearings and support for their growth and development. They noted that the legal community benefits from prioritizing the evolution of the junior bar, where credit goes to junior counsel without discrediting senior members.
The Court dismissed the petition, concluding that the statutory provisions related to Senior Advocates were constitutionally sound.
The Petitioner, Advocate Mathews J. Nedumpara, had argued that the Senior Advocate system created a privileged class, which he believed was monopolized by individuals with connections to judges, Senior Advocates, politicians, and ministers. However, the Court declined to revisit the Indira Jaising Case, which addressed a similar issue.
Notably, the Court had previously asked the Petitioner to amend the memo of parties and expressed its disapproval of a cavalier approach to the case. The Petitioner had originally impleaded the Supreme Court through its Judges rather than the Secretary-General.
This judgment reaffirms the practice of designating Senior Advocates in India and underscores the importance of promoting a dynamic and inclusive legal community.
Also Read: Designations of Advocates in Courts
