Who is a ‘Senior Advocate’ in India?

Who is a ‘Senior Advocate’ in India?

There is a lot of confusion as to who exactly is a Senior Advocate. It is a common sight to see many advocates who have a name plate with a tag of “Senior Advocate” put up in front of their house. This is especially common in small cities where legal awareness is very low and no one is there to check the veracity of facts.

However, there are not many senior advocates in India. In this article I will try to explain who is a senior advocate and what are the privileges and responsibilities that are attached to this designation.

There are two classes of Advocates, Senior Advocates and all the other Advocates[1].

An advocate may, with his consent, be designated as a Senior Advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability and standing at the Bar or special knowledge or experience in law, he is deserving of such distinction[2]. It is interesting to note that only Supreme Court and the High Court have the power to designate in this respect. Thus District Courts cannot designate an advocate as a Senior Advocate.

Right of Pre-Audience

Right of Pre-Audience is the right to be heard before another advocate is heard. It tells about the precedence at the bar among the advocates.

According to the Advocates Act, 1961 the order to be followed in determining the right of pre-audience is as follows[3]:

(1) The Attorney General for India;

(2) The Solicitor General of India;

(3) The Additional Solicitor General of India;

(4) The Second Additional Solicitor General of India;

(5) The Advocate-General of a state;

(6) The Senior Advocates;

Restrictions on Senior Advocates[4]

1. A Senior Advocate cannot file a vakalatnama or act in any Court or Tribunal.

2. A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate of the State Roll in any other court or Tribunal.

3. He cannot accept directly from a client any brief or instructions to appear in any Court or Tribunal in India.

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[1] Section 16 (1) of the Advocates Act, 1961.

[2] Section 16 (2) of the Advocates Act, 1961.

[3] Section 23 of the Advocates Act, 1961.

[4] Bar Council of India Rules.