Supreme Court questions petition alleging ‘favouritism’ in legal profession

Supreme Court questions petition alleging ‘favouritism’ in legal profession

Sub : Polity

Sec: Judiciary

Context :- The Supreme Court challenged the assertions made by petitioner-advocate Mathews Nedumpara that relatives of judges and powerful personalities get an easy and early pass to ‘senior advocate’ designation, creating a “small cabal” of the privileged in the legal profession.

What the petition said?

• The petition urged the court to “abolish the senior designation system and the Collegium system to redeem the judiciary from elitism and a culture of privilege”.
• The petitioner argues that the designation process violates fundamental principles of equality and fairness, as enshrined in Articles 14, 19, and 21 of the Constitution of India.

Legal Basis for Designation of Senior Advocates

The designation of senior advocates is governed by:

1. Sections 16 and 23(5) of the Advocates Act, 1961: These sections outline the criteria and procedure for recognizing advocates as senior advocates.
2. Supreme Court Rules, 2013: These rules further elaborate on the rights, privileges, and obligations of senior advocates.

Privileges of Senior Advocates

• A distinctive dress code.
• Preferential treatment in court proceedings.
• Enhanced professional status and opportunities.
• Pre-Audience over the advocates under section 23(5) of the act.

Restrictions imposed on a Senior Advocate

• A senior advocate is not permitted to appear without an Advocate-on-record or any junior.
• He/she is refrained from drafting pleadings or affidavits before any court or authority mentioned under Section 30 of the act.
• He/she shall not accept directly from a client any brief or instructions to appear in any Court.

Previous such petitions and court’s verdict

Indira Jaising Case:- India’s first woman Senior Advocate Indira Jaising filed a petition in SC challenging the existing process of designation.
Court’s verdict:- Apex Court decided to lay down guidelines for itself and all High Courts on the process of designating senior advocates.