The Delhi High Court today sought response of the Centre and Bar Council of India (BCI) on a plea challenging provisions in the law and Supreme Court rules for the designation of lawyers as senior advocates.
A bench of Justices S Ravindra Bhat and Deepa Sharma issued notice to the Union government and BCI, seeking their reply to the petition by a lawyers' body which has contended that designation of senior advocate creates a different class of lawyers.
The court asked the lawyers' body, the National Lawyers' Campaign For Judicial Transparency And Reforms to move an application to make the Supreme Court registry a party as rules of the apex court have also been challenged, and listed the matter for further hearing on September 19.
The petition has alleged that designating only some advocates as 'seniors' violates the fundamental rights including that of right to life, free speech and equal opportunity in employment guaranteed under the Constitution as it creates a different class of lawyers.
It has also sought that the provisions in the Advocates Act which create this distinction, be declared ultra vires the Constitution and void ab initio.
Appearing for the lawyers body, advocate Mathews Nedumpara said there should not be any difference in dress code between designated senior advocates and other lawyers.
He claimed that under the Advocates Act, primacy in proceedings is given to senior advocates and alleged that this was unconstitutional.
