⚖️ “All Advocates Are Equal, But Some Are More Equal Than Others”

 ⚖️ “All Advocates Are Equal, But Some Are More Equal Than Others”

Re-examining the Senior Advocate Designation: A Blow to Legal Equality?

🖋️ By: Suryavanshi IAS Editorial Team | 📅 June 2025

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📌 Context: A Quiet But Crucial Verdict

On May 13, 2025, the Supreme Court of India delivered a judgment in Jitender @ Kalla vs State (NCT of Delhi) that reopens the long-debated issue of designation of senior advocates under Section 16 of the Advocates Act, 1961.

While the ruling revisits earlier landmark cases like Indira Jaising v. Supreme Court of India (2017 & 2023), the larger constitutional question — should seniority-based classification even exist in a democratic legal system? — remains conspicuously unanswered.

This verdict didn’t dominate headlines. Perhaps because it was seen as an “internal” matter. But IAS aspirants, legal scholars, and reform-minded citizens must not miss its far-reaching implications.

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📜 Section 16: Legal Hierarchy or Legal Inequality?

Under the Advocates Act, 1961, Section 16 divides advocates into:

• 👔 Senior Advocates: designated for “ability, standing, and special knowledge.”
• 👥 Other Advocates: who remain outside the elite circle.

This creates a system where equals are treated unequally based on opaque, subjective, and often elitist criteria. In a country that prides itself on constitutional egalitarianism, such legal stratification is a contradiction in terms.

The Court in Jitender acknowledged flaws in the point-based assessment, calling it “highly subjective,” yet did not strike down the underlying classification.

📣 Key IAS Insight: This is a classic case where Article 14 (Right to Equality) clashes with statutory classification. Aspirants must examine how judiciary sometimes defends procedural regularity at the cost of substantive justice.

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🌐 Lessons from Abroad: Echoes of Inequality

A 2014 Reuters report titled “The Echo Chamber” revealed that in the U.S., 0.4% of lawyers controlled nearly 43% of Supreme Court appeals — most of them representing corporate America.

This "legal elite" tilts the justice system in favor of the wealthy and powerful. India's senior advocate system, while not identical, shows early signs of similar plutocratic capture.

⚠️ The Danger: If India continues this trajectory, public litigation and constitutional justice could become exclusive domains of legal celebrities, not of common citizens or talented grassroots lawyers.

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🧑‍⚖️ Legal Casteism: F.S. Nariman's Warning

Celebrated jurist Fali S. Nariman once described the senior advocate system as a “caste system among lawyers.” This casteism is not just social — it’s institutional:

• 🤐 Marginalized voices silenced in courtrooms.
• 🙍‍♀️ Women and first-gen lawyers are underrepresented.
• 💼 Commercialisation of legal practice accelerated.

The Court’s failure to refer this issue to a larger bench and the refusal to review the constitutionality of Section 16 are missed opportunities for reform.

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🧠 Mains Linkages for UPSC Aspirants

Theme	GS Paper	Linkage
Equality before Law	GS Paper II	Article 14, Judicial Equity
Judicial Reforms	GS Paper II	Independence & Accountability of Judiciary
Legal Ethics & Plutocracy	GS Paper IV	Professional Conduct & Systemic Inequality
Historical Roots of Justice	Essay / Ethics	Legal Legacy of the Freedom Struggle

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❓ Questions Left Unanswered

• Does the classification of senior advocates pass constitutional muster?
• Can procedural transparency justify substantive inequality?
• Should courts represent a diverse bar or only a privileged class?
• How can India democratize access to the judiciary and eliminate gatekeeping?

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🌱 The Way Forward: Restoring Egalitarianism in Law

India needs a new judicial vision grounded in:

• ⚖️ Representative equality, not legal elitism.
• 🧾 Objective, transparent, and constitutionally valid systems.
• 👨‍👩‍👧 Access to justice for all — not just the legally privileged.

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