The Supreme Court of India has provided clear guidelines on the criteria for an advocate to be designated as a Senior Advocate under Section 16 of the Advocates Act, 1961. This section classifies advocates into two categories: Senior Advocates and other Advocates. According to Section 16(2), an advocate can be designated as a Senior Advocate with their consent if the Supreme Court or a High Court believes they possess exceptional ability, standing at the Bar, or special knowledge or experience in law.

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A bench comprising Justice Abhay S. Oka, Justice Ujjal Bhuyan, and Justice SVN Bhatti highlighted that "standing at the Bar" is a combination of various qualities, including integrity, respect, confidence, dependability, honesty, communication skills, and commitment to the administration of justice.

The Court elaborated on the essential traits that give an advocate standing at the Bar, emphasizing the following points:

• Fair Conduct: "An advocate must always be fair while presenting cases before the Courts."
• Respectful Behavior: "They must maintain respectful conduct towards Judges and other members of the Bar."
• Professional Decorum: "Maintaining decorum in the courtroom is crucial for every advocate."
• Ethics Over Advocacy: "An advocate must prioritize their duty to the Court over client advocacy."
• Mentorship and Pro Bono Work: "Senior advocates should mentor juniors and engage in pro bono legal work."
• Reputation in Legal Fraternity: "They must be respected within the legal community."

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The Supreme Court clarified that the length of practice cannot be a sole criterion for Senior Advocate designation. The Court emphasized that many advocates may have years of experience without demonstrating the qualities required for Senior Advocates. It noted:

"Only the number of years spent in practice cannot be a major criterion for designation by any stretch of imagination."

The Court further explained that the term "ability" encompasses a sound understanding of law, advocacy skills, and expertise in specialized legal fields. This includes:

• Knowledge of Law: "Advocates must have strong knowledge in the branches they practice."
• Advocacy Skills: "Mastery in presenting cases, including cross-examination and legal writing, is essential."
• Specialized Expertise: "Fields such as Arbitration, Insolvency, Company Law, Intellectual Property, and Tax Law are recognized."

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The Supreme Court highlighted that the designation of Senior Advocate is not limited to those practicing in the Supreme Court or High Courts. Advocates from Trial Courts and District Courts can also qualify if they possess the necessary qualities:

"An advocate practicing in Trial/District Courts cannot be treated as inferior to an advocate who practices in High Courts or the Supreme Court."

The Court cautioned that limiting the designation to advocates from higher courts could violate Article 14 of the Constitution, which ensures equality before the law.

Case no. – Petition for Special Leave to Appeal (Crl.) No. 4299/2024

Case Title – Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr.