COMMENTS

This clause provides for the division of the Bar into senior advocates and other advocates as recommended by the Law Commission. The status of a senior advocate will be conferred by the Supreme Court or a High Court on merit only. A senior advocate will be prohibited from accepting certain kinds of minor legal work like draftings, notices, affidavits, etc. A saving provision has been made in respect of the existing senior advocates of the Supreme Court who will continue to be designated as senior advocates.-S.O.R. Gaz. oflnd., 19-11-1959, Pt. II, s. 2, Ext., p. 1188.

The lawyers practicing in District Courts are equally eligible for consideration for the purpose of conferment of the distinction of being senior advocates subject to their fulfilling the prerequisite conditions laid down for the same.- AIR 2000 All 300.

Once the distinction between senior advocates and other advocates is recognised under the provisions of the Advocates Act, wearing of a distinct gown or a coat by senior advocates with a different design cannot be assailed as discriminatory or violative of Art. 14 of Constitution.- AIR 2002 Delhi 482.

Designated Senior Advocate is not supposed to file Restoration Application, for dismissal of petition in default, and vakalatnama by his signature. It is not in consonance with provisions of 1961 Advocate Act and 1975 Rules of Bar Council of India. He cannot say that since earlier he was junior council, he has legal right to file restoration application in his signature along with sworn affidavit of his cIerk.-Ram Sagar Shukla v. Uttar Pradesh Textile Printing Corporation Ltd. AIR 2004 All 209.

After designation as senior advocate, senior counsel ceases to be counsel for the purpose of filing pleading, representing and engagement by a client. Senior advocate is not supposed to file vakalatnama of any client or any application in his own hand-writing. Conduct of senior advocate signing restoration application and got affidavit sworn by clerk attached to him is deprecated.-Brij Lal Patel v. V.P. State Agro Industrial Corporation AIR 2004 All 178.

(a) all persons who were entered as advocates on the roll of any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), immediately before the appointed day 1 [including persons, being citizens of India, who before the 15th day of August, 1947, were enrolled as advocates under the said Act in any area which before the said date was comprised within India as defined in the Government of India Act, 1935, and who at any time] express an intention in the prescribed manner to practice within the jurisdiction of the Bar Council;

(b) all other persons who are admitted to be advocates on the roll of the State Bar Council under this Act on or after the appointed day.

(a) the seniority of an advocate referred to in clause (a) of sub-section (1) shall be determined in accordance with his date of enrolment under the Indian Bar Council Act, 1926 (38 of 1926);

(b) the seniority of any person who was a senior advocate of the Supreme Court immediately before the appointed day shall, for the purposes of the first part of the State roll, be determined in accordance with such principles as the Bar Council of India may specify;

(c) [Omitted by Act 60 of 1973 ]

(d) the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be;

1[(e) notwithstanding anything contained in clause (a), the seniority of an attorney enrolled whether before or after the commencement of the Advocates (Amendment) Act, 1980 as an advocate shall be determined in accordance with the date of his enrolment as an attorney.]

COMMENTS

A person whose name is entered on the roll of advocates is entitled to practice the profession of law in all the courts including the Supreme Court.-AIR 1985 Gau. 32.

An advocate already on the roll of a High Court should have the option to enrol himself on the State Bar Council within whose jurisdiction he proposes to practice. The Committee further consider that the seniority of a vakil, pleader or attorney who is enrolled as an advocate, whether before or after the commencement of this enactment, should be determined according to the date of his entry in the register of vakils, pleaders or attorneys. In addition, an advocate should not be enrolled on the roll of more than one State Bar Council.-J.C.R. Gaz. of Ind., 28-3-1960, Pt. II, s. 2, Ext., p. 249.