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29 Aug 2017 4:05pm

GHCAA defies the constitutional validity of Senior advocate designation process

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The Gujrat High Court Advocates Association (GHCAA) has challenged the constitutional validity of the Article 16 of the Advocate Act 1961, terming it as a clear violation of Article 14 and 18 of the Constitution which entitles advocates as Senior advocates and qualifies other designations.


Appearing for the GHCAA, Advocate Asim Pandya who is also the President of the Association, stated the Senior Advocate Designation Process unconstitutional, while Indira Jaising has filed a petition challenging the same before a three Judge Bench comprising Justices Ranjan Gogoi, Rohinton Fali Nariman and Navin Sinha, argued that Article 16 is violative of the Article 14 and 18 of the Constitution.


Advocate Mathews Nedumpara has appeared for the National Lawyers Campaign for Judicial Transparency and Reform. Attorney General KK Venugopal then, make his submissions in which he stated that Article 16 does not violative of the Article 14 of the Constitution, since it assists litigants to choose whom to brief. He presented that the Article allows a litigant to make a choice and the selection process is formed on the grounds of candidate’s experience, integrity, and knowledge of the law.


He also stated that Senior Advocates incidentally make monetary benefits and expand their profit but they also give up certain benefits they have as an advocate.  

The trial is in progress.       


Tagged: Gujrat High Court Justices Ranjan Gogoi
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