Case Note & Summary
These writ petitions were filed in public interest by two advocates practicing in the High Court of Karnataka, challenging notifications dated 30.06.2014 and 14.07.2014 issued by the Registrar General of the High Court, by which certain private respondent-advocates were designated as senior advocates under Section 16 of the Advocates Act, 1961. The petitioners also sought a direction to frame rules for designation of senior advocates in consultation with the Bar Council of India. Initially, the High Court dismissed the petitions on 04.08.2014 for lack of locus standi, but the Supreme Court in Civil Appeal No.11439/2014 set aside that order and remanded the matter for consideration on merits. The petitions raised the issue that the High Court had not framed any rules under Section 16(2) of the Act, and the designations were made arbitrarily without prescribed criteria. The petitioners argued that the power to designate senior advocates must be exercised based on objective criteria, and the absence of rules rendered the notifications illegal. The respondents, including the Union of India, State of Karnataka, High Court, and designated advocates, opposed the petitions. The judgment was reserved on 20.08.2015 and pronounced on 18.12.2015. The extracted text of the judgment does not include the final decision or operative parts, but the Court considered the statutory framework and the need for rules.
Headnote
A) Advocates - Senior Advocate Designation under Advocates Act - Section 16(2) of the Advocates Act, 1961 - Criteria for Designation - An advocate may be designated senior advocate if the Supreme Court or High Court is satisfied of his ability, standing at the Bar or special knowledge or experience in law; such designation carries prestige and right of pre-audience under Section 23. Petitioners challenged the notifications designating advocates as senior advocates on the ground that no rules had been framed by the High Court under Section 16(2) and the designations were therefore void. The Court was required to consider whether the absence of framed rules vitiated the designations and whether a direction should be issued to frame rules in consultation with the Bar Council of India. (Paras 2-4)
Issue of Consideration
Whether the notifications dated 30.06.2014 and 14.07.2014 designating private respondent-advocates as senior advocates under Section 16 of the Advocates Act, 1961 are valid in the absence of framed rules by the High Court, and whether a direction should be issued to frame such rules in consultation with the Bar Council of India.
Law Points
- Senior advocate designation under Section 16(2) of Advocates Act
- 1961 requires Court's opinion based on ability
- standing
- knowledge or experience
- Senior advocates have right of pre-audience under Section 23
- Designation is an honour and privilege
- Restrictions on senior advocates' practice are co-terminus with privileges
- High Court must frame rules for designation under Section 16(2) in consultation with Bar Council of India
