Case Note & Summary
The petitioner, a lawyer enrolled with the Bar Council of Chhattisgarh since 2013, filed a writ petition seeking a direction to the Bar Council of Maharashtra & Goa and the Bar Council of India to provide her with a 'Sanad' and enrollment number, and to accept Form-E for designation as a 'Senior Advocate' under Section 16 of the Advocates Act, 1961. She claimed entitlement based on 10 years of practice and Article 51A of the Constitution, arguing that as a female lawyer she should not be treated unequally. The respondents opposed, citing the Karnataka High Court judgment in T.N. Raghupathy which held that the power to designate Senior Advocates vests exclusively in the Full Court of the High Court, as per the Supreme Court's guidelines in Indira Jaising (2017) 9 SCC 766 and (2023) 8 SCC 1. The Bombay High Court dismissed the petition, holding that the designation process is governed by the Indira Jaising guidelines, which require consideration by a Permanent Committee and final decision by the Full Court. The court noted that the petitioner's claim for direct designation bypasses this procedure and that Article 51A does not confer a right to such designation. The petition was dismissed as not maintainable.
Headnote
A) Constitutional Law - Designation of Senior Advocate - Power of Full Court - The power to designate an advocate as a Senior Advocate vests exclusively in the Full Court of the High Court, as per the binding guidelines laid down by the Supreme Court in Indira Jaising (2017) 9 SCC 766 and (2023) 8 SCC 1. The Permanent Committee only makes an overall assessment; the Full Court is not bound by it. (Paras 5-7) B) Advocates Act, 1961 - Section 16 - Designation of Senior Advocate - Procedure - The guidelines in Indira Jaising (supra) govern the designation process, including the constitution of a Permanent Committee, collection of data, interview, point-based assessment, and final decision by the Full Court. A writ court cannot direct the conferment of the designation. (Paras 5-7) C) Constitution of India - Article 51A - Fundamental Duties - Article 51A does not confer any right on an individual to claim designation as Senior Advocate. The petitioner's reliance on Article 51A is misplaced. (Para 3)
Issue of Consideration
Whether a writ petition can be entertained for a direction to confer the designation of 'Senior Advocate' upon the petitioner, bypassing the procedure laid down by the Supreme Court in Indira Jaising.
Final Decision
The writ petition is dismissed. The court held that the power to designate Senior Advocates vests exclusively in the Full Court of the High Court as per the binding guidelines in Indira Jaising (2017) 9 SCC 766 and (2023) 8 SCC 1. The petitioner's claim for direct designation bypasses the established procedure and is not maintainable.
Law Points
- Designation of Senior Advocate
- Power of Full Court
- Binding nature of Indira Jaising guidelines
- Article 51A not a source of right
- Writ Court cannot direct designation
