Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 16 of the Advocates Act, 1961: Senior Advocates and Other Advocates
Section 16 of the Advocates Act, 1961 recognizes two classes of advocates: Senior Advocates and other advocates. It authorizes the Supreme Court and High Courts to designate an advocate as a Senior Advocate with the advocate's consent when the court considers the advocate deserving of that distinction by reason of ability, standing at the Bar, or special knowledge or experience in law.
In brief: Senior Advocate status is a court-conferred distinction. The designation is made by the Supreme Court or a High Court, with the advocate's consent, and Senior Advocates are subject to special restrictions on practice prescribed in the interests of the legal profession.
Text of Section 16
Section 16 - Senior and other advocates
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) 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.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interests of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate.
Proviso: Where any such senior advocate made an application before 31 December 1965 to the Bar Council maintaining the roll in which the advocate's name had been entered stating that the advocate did not desire to continue as a senior advocate, the Bar Council could grant the application and alter the roll accordingly.
Meaning and explanation of Section 16
1. Two statutory classes of advocates
Section 16(1) divides advocates into only two statutory classes for this purpose: Senior Advocates and other advocates. The distinction is based on designation under Section 16 and not on a separate enrolment as a different profession.
2. Who can designate a Senior Advocate?
Under Section 16(2), the power of designation belongs to the Supreme Court and the High Courts. A Bar Council does not itself confer the designation of Senior Advocate under this provision.
3. Consent of the advocate is required
Designation cannot be imposed unilaterally. Section 16(2) expressly requires the advocate's consent.
4. Statutory grounds for designation
The Supreme Court or High Court must form the opinion that the advocate deserves the distinction by virtue of ability, standing at the Bar, or special knowledge or experience in law. These are the statutory criteria stated in Section 16 itself.
5. Practice restrictions
Section 16(3) authorizes restrictions on the practice of Senior Advocates in the interests of the legal profession. In the Supreme Court, a Senior Advocate cannot appear without an Advocate-on-Record and is subject to restrictions on accepting certain drafting and direct-instruction work. The applicable Bar Council of India Rules and court rules should be checked for the precise current restrictions.
Current 2026 designation framework
The Supreme Court of India published revised Guidelines for Designation of Senior Advocates in February 2026. The Supreme Court's official Senior Advocates Designation page continues to publish the current guidelines, notices, notifications and updated lists of designated Senior Advocates.
For Supreme Court designation matters, the current court-issued guidelines should be read together with Section 16. High Courts may also maintain their own designation procedures consistent with binding Supreme Court directions and their applicable rules.
Senior Advocate and other advocate: key differences
| Issue | Senior Advocate | Other Advocate |
|---|---|---|
| Status under Section 16 | Designated by Supreme Court or High Court | Not designated as Senior Advocate |
| Consent for designation | Required | Not applicable |
| Basis | Ability, standing at the Bar, or special knowledge or experience in law | General enrolled advocate status |
| Practice restrictions | Subject to special restrictions under applicable rules | Not subject to Senior Advocate-specific restrictions |
Related provisions
- Section 17 requires State Bar Councils to maintain rolls of advocates.
- Section 21 deals with disputes regarding seniority.
- Section 23 deals with right of pre-audience.
- Section 29 recognizes advocates as the class entitled to practise law subject to the Act.
- Section 30 deals with the right of advocates to practise.
- Section 34 empowers High Courts to make rules concerning conditions of practice in the High Court and subordinate courts.
Official legal sources
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
Current Supreme Court materials on designation of Senior Advocates are available here: Supreme Court of India - Senior Advocates Designation.
Legal note: Section 16 creates the statutory classification and designation power. The actual designation process and practice restrictions are governed by current court guidelines, Bar Council of India Rules and applicable court rules. Those instruments should be checked for any specific designation or practice question.