AIR 2002 DELHI 482 ::(2002) 99 DLT 441 ::(2002) 64 DRJ 472 ::(2002) 3 Pun LR 61 ::(2002) 4 SCT 851

Delhi High Court

Hon'ble Judge(s): Manmohan Sarin , J

Advocates Act (25 of 1961) , S.49(1)(gg), S.16— Bar Council of India Rules (1975) , Chap.4— Dress Code for advocates - Distinction between Senior Advocates and other Advocates in dressing style - Senior Counsel wear Queen Counsel (QC) gown, short coat or jacket decorated with frills and fineries, to make out different class of advocates - Cannot be assailed as discriminatory or violative of Art. 14 of Constitution. Constitution of India , Art.14— While it is true that the rule framed by the Bar Council of India does not make out @page-Del483 any distinction in dress or prescribe the design of a different gown or coat for a senior advocate, yet the distinction has been maintained and followed by a practice of long-standing, even prior to the Advocates' Act of 1961. The Advocates' Act, 1961 itself has recognised a distinction in S. 16 of the Advocates Act, 1961 between the senior advocates and advocates. Section 23 of the Act provides for right of pre audience for Senior Advocates among others. The senior advocates constitute a different class within the advocates. Based on the ability, knowledge, experience, expertise and standing at the bar, an advocate is designated as senior advocate. It is an honour and distinction conferred by the Court in recognition of the ability and standing of the concerned advocate. Once....