Published: 23rd Aug, 2019
The Delhi High Court has done away with the previous practice of designating a senior advocate wherein a joint proposal from three senior advocates was required for an advocate to be considered for the post of a senior advocate.
Context
The Delhi High Court has done away with the previous practice of designating a senior advocate wherein a joint proposal from three senior advocates was required for an advocate to be considered for the post of a senior advocate.
About
Previous Practice - Earlier, the rules mandated that three senior advocates designated by Delhi High Court, with not less than five years individual standing at the Bar, as senior advocate, may jointly make a proposal to the High Court for designation of an advocate as a senior advocate.
New Practice - Any advocate who fulfils the eligibility conditions prescribed herein before may submit a written application for being designated as Senior Advocate to the Registrar General.
Supreme Court Advocates
Three categories of Advocates are entitled to practice law before the Supreme Court. They are:
- Senior Advocates
- These are Advocates who are designated as Senior Advocates by the Supreme Court of India or by any High Court.
- The Court can designate any Advocate, with his consent, as Senior Advocate if in its opinion by virtue of his ability, standing at the Bar or special knowledge or experience in law the said Advocate is deserving of such distinction.
- A Senior Advocate is not entitled to appear without an Advocate-on-Record in the Supreme Court or without a junior in any other court or tribunal in India.
- He is also not entitled to accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of an analogous kind in any court or tribunal in India or undertake conveyancing work of any kind whatsoever but this prohibition shall not extend to settling any such matter as aforesaid in consultation with a junior.
- Advocates-on-Record:
- Only these advocates are entitled to file any matter or document before the Supreme Court.
- They can also file an appearance or act for a party in the Supreme Court.
- Other Advocates
- These are advocates whose names are entered on the roll of any State Bar Council maintained under the Advocates Act, 1961 and they can appear and argue any matter on behalf of a party in the Supreme Court
- They are not entitled to file any document or matter before the Court.
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