HC is empowered to designate Advocates as ‘Senior Advocates’ even in the absence of framing any Rules U/S 16(2) of Advocates Act; Karnataka HC [Read Jt]
9 years, 3 months ago

HC is empowered to designate Advocates as ‘Senior Advocates’ even in the absence of framing any Rules U/S 16(2) of Advocates Act; Karnataka HC [Read Jt]

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Merely because without completing the task of framing of Norms or Rules, by the Committee constituted for that purpose, certain advocates were designated as senior counsel, it cannot be termed to be an arbitrary or an illegal act or one lacking in transparency or any of the other “epithets” used in the pleadings. Dismissing writ petitions filed by some Lawyers of Karnataka High Court challenging the process of selection of ‘Senior Advocates’, the Karnataka High Court held that absence of framing of Rules or Regulations under Section 16 of the Advocates Act, the Court was empowered to designate selected advocates as senior advocates. The petitioner lawyers had contended that no rules have been framed for exercise of power under Section 16 of the Advocates Act and four advocates were hastily and hurriedly designated as senior advocates on the basis of secret ballot without first finalizing the Draft Rules, 2014. The petitioners also contended that the norms framed are contrary to Section 16 of the Advocates Act, as it does not envisage filing an application by an advocate seeking his designation as a senior advocate, rather it is done on taking consent of the advocate by the Court. The court said that object of Clause of the norms is to provide three different avenues for an advocate to be designated as a senior advocate and the initiative for designation of an advocate as a senior advocate could be from any member of the Bench or, from two senior advocates of the Bar or, by the advocate concerned, Suo motu seeking such a designation by making an application.

History of this topic

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1 year, 10 months ago
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2 years ago
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2 years, 10 months ago
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3 years, 1 month ago
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3 years, 3 months ago
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3 years, 4 months ago
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3 years, 4 months ago
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