Context:
Chief Justice of India and Judges of the Supreme Court in a Full Court meeting designates 56 lawyers as ‘senior advocates’.
Supreme Court Designates 11 Women Lawyers As Senior Advocate
- Eleven of the advocates-on-record and advocates designated senior advocates by the Supreme Court are women.
- The designation comes after a gap of four years and is the first time after the Supreme Court modified its guidelines for ‘senior advocate’ designation in its judgment in 2023 to make the process transparent and fair.
Who is an Advocate?
- A lawyer whose name has been entered in the State roll prepared and maintained by a State Bar Council under section 17 of the Advocates Act, 1961 and who is a member of a State Bar Association or State Advocates’ Association.
- After clearing the all India Bar exam and enrolling in a state bar council, a person can refer to himself/herself as an advocate and can represent clients in court.
- Types of advocate:
- Advocate: They can appear and argue any matter on behalf of a party in any court or tribunal.
- Advocate on record AoR: Only AoR can File, prepare and draft legal documents before the Supreme Court. This designation is exclusive to the Supreme Court.
- Senior advocate:
- They are not entitled to appear without an Advocate-on-Record in the Supreme Court or without a junior in any other court or tribunal in India.
- They are not entitled to accept instructions to draw pleadings or affidavits, advice on evidence or do any drafting work
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Senior Advocate of Supreme Court and High Courts
- Mentioned in: Section 16 of the Advocates Act refers to the separate class of lawyers ie. ‘senior advocate’.
- Designation Authority: They can be designated by both the Supreme Court and High Courts.
- In Supreme Court: ‘Committee for Designation of Senior Advocates’ is a permanent committee which is entrusted with the function of designating senior advocates. It comprise of:
- Chairperson: Chief Justice of India.
- Members: Two senior-most Judges of the Supreme Court of India, Attorney General for India, A member of the Bar nominated by the Chairperson and Members.
- Criteria: Merit, experience, special knowledge of the law and standing at the Bar.
- Eligibility:
- Ten years’ standing as an Advocate; or
- Ten years combined standing as an Advocate and as a District and Sessions Judge or as a Judicial Member of any Tribunal in India.
- Attainment of the age of 45 years, unless the age limit is relaxed by the Committee, or the name has been recommended by the Chief Justice of India or a Judge of the Supreme Court.
- Advantage: As per Section 23 of the Advocate Act, senior advocates shall have right of pre-audience over other lawyers and their right of pre-audience inter se shall be determined by their respective seniority.
Also Refer: Need More Women For Gender-Neutral Judiciary
News Source: The Hindu
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January 20, 2024