Woman Advocates Seeks Senior Designation After Completing 10 Years Of Practice, Cites Fundamental Duties; Bombay High Court Rejects Plea
Narsi Benwal
24 Oct 2024 10:10 AM IST
The Bombay High Court on Monday (October 21) dismissed the plea filed by a woman advocate, who sought to be designated as a 'senior advocate' in view of her completing 10 years in legal practice.
A division bench of Justices Nitin Sambre and Vrushali Joshi noted that the petitioner advocate - Manjeet Kaur (47), sought senior designation while relying on section 16 (which provides for designation of senior advocates based on their knowledge and standing in the Bar) of the Advocates Act, 1961 and also the fundamental duties provided under Article 51A of the Constitution of India.
Relying on section 16, the petitioner claimed that she be designated a senior counsel based on her practices/ability and the Bar of Special Knowledge or experience of Law. She claimed that she must be conferred the 'senior gown' in lieu of her completing 10 years practice.
"According to the petitioner, a female lawyer is entitled for such benefit as the petitioner cannot be treated unequally and the mandate under Article 51A contemplates fundamental duties to be discharged by the Authorities including that of the respondents," the judges noted.
The bench, however, accepted the submissions of the Bar Council of Maharashtra and Goa, who contended that the prayer sought in the petition cannot be granted as it is not within the purview of the Court.
"The claim of the petitioner is for conferring designation of 'Senior Advocate' which powers are exclusively vested in the High Court. The foremost authority on the designation of Senior Advocate is the Apex Court Judgment in the matter of Indira Jaisingh vs. Supreme Court of India, wherein the Supreme Court has laid down the guidelines which govern the designation of Senior Advocates by the Supreme Court and all High Courts in the country," the bench said.
The judges, in detail, referred to the judgment of the Supreme Court in Indira Jaisingh's case, both in 2017 and also the one delivered in 2023.
"Therefore, it is no more res integra that the power to designate an Advocate as a 'Senior Advocate' vests only in a Full Court of a High Court and the procedure laid down in both the aforesaid judgments of Indira Jaisingh has to be strictly complied with in conferment of such designation. The petitioner has not taken recourse to the said procedure which is prescribed in accordance with law," the bench said.
In Indira Jaisingh vs. Supreme Court of India, Through Secretary General and ors. (2017), the Supreme Court had laid down the guidelines which govern the designation of Senior Advocates in the country. The guidelines were revised in Indira Jaising vs. SupremeCourt of India (2023).
The court, therefore, dismissed the petition.
Appearance:
Advocate Manjeet Kaur appeared as party-in-person.
Advocate KS Narwade represented the Bar Council of Maharashtra & Goa.
Case Title: Manjeet Kaur vs Bar Council of Maharashtra & Goa (Writ Petition 3581 of 2024)
