Section 16. Senior and other advocates

Senior and other advocates, Section 16 Advocates Act, 1961

Section 16. Senior and other advocates.

(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability, 1[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate:
2[Provided that where any such senior advocate makes an application before the 31st December, 1965 to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.]

  1. Subs. by s. 13, ibid., for “experience and standing at the Bar” (w.e.f. 31-1-1974).
  2. Ins. by Act 21 of 1964, s. 8 (w.e.f. 16-5-1964).

Section 16 of the Advocates Act, 1961, establishes a two-tier system for advocates in India:

1. Classification:

The section creates two classes of advocates: Senior Advocates and Other Advocates.

2. Designation of Senior Advocates:

  • An advocate can be designated as a Senior Advocate only with their consent.
  • The designation is granted by the Supreme Court or a High Court.
  • The court considers the advocate’s:
    • Ability
    • Standing at the Bar (reputation), or
    • Special knowledge or experience in law

3. Regulations for Senior Advocates:

The Bar Council of India can impose practice restrictions on Senior Advocates, aiming to maintain the integrity of the legal profession.

4. Existing Senior Advocates:

Advocates who held the designation of “Senior Advocate” in the Supreme Court before the Act came into effect were automatically recognized as senior advocates under the new system. They have the option to opt out of this designation by applying to the Bar Council before a specific deadline.

Additional Notes:

  • This system is intended to recognize and honor lawyers with exceptional experience and expertise.
  • The designation can carry certain prestige within the legal community.