Recently, the Bombay High Court dismissed a plea filed by a woman advocate seeking designation as a 'senior advocate' based on her completion of 10 years in legal practice.

A division bench of Justices Nitin Sambre and Vrushali Joshi observed that the petitioner, advocate Manjeet Kaur (47), sought senior advocate designation by relying on Section 16 of the Advocates Act, 1961, which provides for such designation based on an advocate's knowledge and standing in the Bar. She also referenced the fundamental duties outlined in Article 51A of the Constitution of India in support of her plea.

Relying on Section 16 of the Advocates Act, the petitioner argued that she should be designated as a senior counsel based on her legal practice, abilities, and special knowledge or experience in law. She asserted that upon completing 10 years of practice, she was entitled to be conferred the 'senior gown.'

"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, upheld the submissions made by the Bar Council of Maharashtra and Goa, which argued that the petitioner's request could not be granted, as it does not fall within the Court's purview.

"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.

Further, the judges provided a detailed reference to the Supreme Court's judgments in the cases involving Indira Jaisingh, specifically citing decisions from both 2017 and 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 the said matter, the Supreme Court established the guidelines governing the designation of Senior Advocates in the country, which were later revised in Indira Jaising vs. Supreme Court of India (2023). Consequently, the court dismissed the petition.

Case Title: Manjeet Kaur vs Bar Council of Maharashtra & Goa (Writ Petition 3581 of 2024)