Context: Advocate Mathews J. Nedumpara has petitioned the Supreme Court to abolish the senior advocate designation system, alleging it fosters elitism and privilege in the legal profession.
Relevance: GS 2 (Polity & Governance)
Senior Advocate Designation:
- Governing Law: The designation is governed by Section 16 of the Advocates Act.
- Criteria: Senior advocates are distinguished based on professional standing, expertise, and contributions to law.
- Privileges: Senior advocates enjoy certain privileges, including pre-audience rights under Section 23(5) of the Act.
Petitioner’s Allegations:
- Claims the designation process is biased in favor of judges’ relatives and influential personalities.
- Asserts the system violates Article 14 (equality), Article 19 (right to practice any profession), and Article 21 (right to life) of the Constitution.
- Demands the abolition of the senior advocate designation and the Collegium system to combat perceived elitism in the judiciary.
Court’s Response:
- Justice B.R. Gavai challenged the petitioner to provide concrete evidence of favoritism.
- The Bench termed several claims in the petition as “scurrilous and unfounded”, granting the petitioner time to revise or withdraw the petition.
- Strongly warned of action against the petitioners if baseless allegations are not removed.
Arguments by Mr. Nedumpara:
- Cited the recent designation of 70 lawyers by the Delhi High Court as an example of bias.
- Criticized the creation of a “special class” of advocates with privileges not available to others, calling it unconstitutional.
Court’s Position on Reflection:
- Suggested that Mr. Nedumpara “reflect upon” the allegations and amend the petition.
- Emphasized the need for factual substantiation rather than broad insinuations.
Possible Outcomes:
- If the petition is not revised, the court may dismiss it or take action against the petitioners for making unsubstantiated claims.
- The case could reignite debates about reforms in the legal profession, including the senior advocate designation and the Collegium system.
