Advocates Act, 1961 - Chapter III: Admission and Enrolment of Advocates
Section 23 of the Advocates Act, 1961: Right of Pre-Audience
Section 23 of the Advocates Act, 1961 lays down the statutory order of pre-audience among specified law officers, Advocates-General, Senior Advocates and other advocates.
In brief: "Pre-audience" means priority in being heard or addressing the court when more than one advocate is entitled to appear. It does not create a separate right to practise law; it determines the order of precedence among advocates and specified law officers.
Text of Section 23
Section 23 - Right of pre-audience
(1) The Attorney-General of India shall have pre-audience over all other advocates.
(2) Subject to sub-section (1), the Solicitor-General of India shall have pre-audience over all other advocates.
(3) Subject to sub-sections (1) and (2), the Additional Solicitor-General of India shall have pre-audience over all other advocates.
(3A) Subject to sub-sections (1), (2) and (3), the second Additional Solicitor-General of India shall have pre-audience over all other advocates.
(4) Subject to sub-sections (1), (2), (3) and (3A), the Advocate-General of any State shall have pre-audience over all other advocates, and the right of pre-audience among Advocates-General inter se shall be determined by their respective seniority.
(5) Subject as aforesaid:
(i) Senior Advocates shall have pre-audience over other advocates; and
(ii) the right of pre-audience over Senior Advocates inter se and other advocates inter se shall be determined by their respective seniority.
What does "right of pre-audience" mean?
The expression refers to priority of audience: where several advocates are entitled to address a court or authority, Section 23 determines who has precedence to be heard first. It is a rule of professional precedence, not a separate source of enrolment or a broader right to practise.
Statutory order of pre-audience
| Priority | Category |
|---|---|
| 1 | Attorney-General of India |
| 2 | Solicitor-General of India |
| 3 | Additional Solicitor-General of India |
| 4 | Second Additional Solicitor-General of India, as stated in Section 23(3A) |
| 5 | Advocate-General of a State, with inter se priority based on seniority |
| 6 | Senior Advocates |
| 7 | Other advocates |
How seniority affects pre-audience
Section 23(4) provides that the right of pre-audience among Advocates-General is determined by their respective seniority. Section 23(5)(ii) applies the same principle within the class of Senior Advocates and within the class of other advocates.
For advocates generally, seniority is connected with Section 17, while disputes regarding seniority are governed by Section 21.
Senior Advocates and pre-audience
Section 16 recognizes Senior Advocates as a distinct class of advocates. Section 23(5)(i) gives Senior Advocates pre-audience over other advocates, subject to the superior statutory precedence already granted to the law officers and Advocates-General listed in the earlier sub-sections.
Pre-audience is different from the right to practise
The right of advocates to practise is dealt with separately in Section 30. Section 23 does not itself decide whether a person may appear in a particular court or matter. It determines precedence among persons who are otherwise entitled to appear.
Related provisions
- Section 16 distinguishes Senior Advocates from other advocates.
- Section 17 governs State rolls and seniority.
- Section 21 deals with disputes regarding seniority.
- 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.
Official legal source
The current text of the Advocates Act, 1961 may be checked on India Code: India Code - Advocates Act, 1961.
Legal note: Section 23 establishes statutory precedence in audience. Actual courtroom practice remains subject to the Advocates Act, applicable Bar Council of India Rules, court rules and directions, and any binding judicial decision.