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The Caste System-Dividing the Lawyers Fraternity into “Senior Advocates” and “Other Advocates” - Root Cause of Corruption and Delays in the Higher Judiciary

By K. L. Rathee

Published In

Air 2003

A former Chief Justice of India is reported to have estimated corruption in the Higher judiciary at 20%! The single fountain head from which all the corruption, delays and downfall of legal profession is sprouting today is in Section 16 of the Advocates Act which reads as follows : “16. Senior and other advocates : There shall be two classes of advocates, namely, Senior Advocates and other Advocates. 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, (standing at the Bar or special knowledge or experience in law) he is deserving of such distinction. Senior Advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe. An Advocate of the Supreme Court who was a Senior Advocate of that Court immediately before the appointed day ....

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