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Supreme Court of India 2023-10-16 dismissed

MATHEWS J. NEDUMPARA & ORS vs UNION OF INDIA & ORS

Bench: 3 — Sanjay Kishan Kaul, C.T. Ravikumar, Sudhanshu Dhulia

In Brief

The petitioner, a practicing advocate, challenged the constitutional validity of the designation of Senior Advocates under the Advocates Act, 1961, claiming it violates equality rights and creates an unfair monopoly among a select few. The Supreme Court dismissed the petition, holding that the classification of advocates as senior and other advocates is constitutionally valid and based on merit-driven, transparent criteria. The Court found the petitioner's allegations reckless and unsupported, noting that many first-generation lawyers from diverse backgrounds have achieved Senior Advocate status. The Court reaffirmed that the legislature has broad discretion to make reasonable classifications, and the burden to prove unconstitutionality lay with the petitioner, which was not discharged.

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Constitutional Law Legal Profession Advocates Act Equality and Non-discrimination Judicial Review Professional Classification Writ of Mandamus/Declaration

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