Senior Advocate Designation An Honour And Privilege, Cannot Be Based On Reservation: Madras High Court Rejects Plea Seeking Quota For Women Lawyers

Conferring the status of Senior Advocate on a Advocate qua Section 16 of 'The Advocates Act, 1961 (25 of 1961)' is clearly a privilege and not a post. Therefore, any prayer for reservation is misplaced

The bench of Justice M Sundar and Justice N Satish Kumar was hearing a plea by S Lawrence Vimalraj seeking equal numbers or 30% reservation for women advocates in the conferment of designation of Senior Advocates.

Dismissing the petition, the court said that the petitioner does not have any locus standi to go forward with the petition as he is neither an applicant nor an aggrieved person whose rights have been affected.

"There can be no two opinion that the writ petitioner has no locus qua captioned writ petition as he is not a applicant and he has made a positive averment that captioned writ petition is not a Public Interest Litigation," said the court. 

The court also noted that out of the 161 candidates who had applied for the designation of Senior Advocate, only nine were women candidates. Out of this, only 7 candidates had appeared before the Permanent Committee. 

"When there are only 7 women candidates out of total 161 candidates, even on a demurrer the plea for 50% or at least 1/3 rd reservation for women has no legs to stand."

The court also said all the nine women candidates submitted their papers as per Rules and "this means that they have accepted to go by said Rules which does not provide for reservation of any kind."

"Therefore, the argument qua reservation is clearly a non starter," said the court.

The court also said that apex court's decision in Indira Jaising Vs. Supreme Court of India "does not suggest any reservation and this by itself takes the wind out of the sails qua reservation argument."

Justice N Satish Kumar in a separate but concurring judgement also observed that designating an Advocate as a Senior Advocate is a matter of honour and privilege conferred upon a Member of the Bar. 

Justice Kumar further said that such privilege and honour cannot be based on reservation. It must be purely based on the merit cum ability and successful career of the Member of the Bar irrespective of the gender, said the judge

"It is clear that Section 16(2) of the Advocates Act clearly emphasis, firstly, that it is a distinction conferred and not something that comes about automatically upon achieving known or predetermined standards. It is a privilege based upon the opinion of the Court considering ability, standing at the Bar or special knowledge or experience in law. Thus, it is a subjective decision though based on objective considerations."

Case Title: S Lawrence Vimalraj v. The Registrar (Judicial) and others

Citation: 2022 LiveLaw (Mad) 519

Case No: W.P.(MD)No.27523 of 2022 and W.M.P.(MD)No.21615 of 2022 in W.P.(MD)No.27523 of 2022