‘SENIOR ADVOCATES’ IN THE INDIAN LEGAL PROFESSION – ORIGINS, EVOLUTION, DEMERITS, AND A CALL FOR REFORM

Perceived by litigants as a nigh-invincible ‘Brahmastra’ (Indian equivalent of ‘Zeus’s Lightning-bolt’), which rains victory against any opponent, the origin of the class of ‘Senior Advocates’ has effected visible dichotomies between regular advocates and such designated seniors (often turned a blind eye to). Their role in India has become deeply entrenched, akin to the system of ‘Queen’s Counsels’ in UK. This article shall trace the history, nature and evolution of ‘Senior Advocates’, including its legislative, judicial and sociological roots. Thereafter, it highlights the importance of their ‘reputational capital’ through case-studies; their relations with the Bar & Bench; issues of gender-representation in senior designations; the extortionate and exclusionary nature of their fee structure, and the recent trend of stripping off one’s senior designation by the Judiciary in cases of professional misconduct. Reflecting on the various demerits of such system, this article concludes by drawing attention to the need for urgent reforms.