Supreme Court: In an application filed by Senior Advocate Indira Jaising against the existing system of designation of Senior Advocates, terming it flawed as it was not objective, fair, and transparent, and thus did not consider considerations of merit and ability, the 3-Judge Bench of Sanjay Kishan Kaul, Ahsanuddin Amanullah, and Aravind Kumar, JJ. has fine-tuned the guidelines laid down in the 2017 Judgment to bring in greater transparency and objectivity in the designation process. Following this Judgment dated 12-05-2023 in Indira Jaising v. Supreme Court of India, 2023 SCC OnLine SC 614, the Supreme Court has issued fresh guidelines for the designation of Senior Advocates.
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Key-points:
• All matters relating to the designation of Senior Advocates in the Supreme Court shall be dealt with by a Permanent Committee to be known as the “Committee for Designation of Senior Advocates’”
• The said Committee shall consist of Chief Justice of India (‘CJI’) as Chairperson; Two senior-most Judges of the Supreme Court as members; Attorney General for India as member and A member of the Bar, nominated by the Chairperson and Members, referred above.
• The Committee shall meet at least twice in every calendar year, and it shall have a permanent secretariat. The composition of the Secretariat will be decided by the CJI in consultation with the members of the Committee.
• The CJI or any Judge of the Supreme Court may recommend in writing the name of an advocate for being designated as a senior advocate on believing that such an advocate, mainly practicing in the Supreme Court should be so designated by virtue of their ability, standing at the Bar or special knowledge or experience in law.
• The Secretariat of the Committee shall initiate the process for designation of Senior Advocate at least once every year by inviting applications from Advocates-on-Record/ Advocates for designation as Senior Advocates.
• The notice inviting applications from Advocates-on-Record/ Advocates shall be published on the official website of the Supreme Court of India. In addition, intimation will also be given to the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association.
• At least 21 days’ time shall be given to applicants to submit their applications. An Advocate-on-Record or Advocate seeking designation as a Senior Advocate would have to apply in the format attached to these Guidelines as Annexure-A.
• Eligibility criteria for designation as Senior Advocates are:
➢ At least ten years’ standing as an Advocate; or
➢ At least ten years’ combined standing as an Advocate and as a District and Sessions Judge or as a Judicial Member of any Tribunal in India whose qualification for eligibility for such appointment is not less than that prescribed for appointment as a District Judge.
➢ Practice mainly in the Supreme Court.
Note: Applicant-advocates having domain expertise of practising before specialised Tribunals may be given concession with regard to the extent of appearances in the Supreme Court.
➢ Attainment of the age of 45 years, unless the age limit is relaxed by the Committee, or the name has been recommended by the Chief Justice of India or a Judge of the Supreme Court.
• On receipt of applications from Advocates-on-Record / Advocates and/or recommendations from Judges of the Supreme Court, the Secretariat will compile relevant data and information regarding the reputation, conduct and integrity of the Advocate(s) concerned including the information/data furnished by the Advocate(s) concerned in the prescribed format (Annexure A). Information may also be collected by the Secretariat from such source(s), as may be decided by the Committee.
• The Secretariat will publish the proposals received for designation on the official website of the Supreme Court and invite suggestions/views of other stakeholders on the proposals for designation.
• At least 15 days’ time shall be given to other stakeholders to give their suggestions/views on the proposed designation.
• On compilation of the database and such additional information as is collected pursuant to the directions of the Committee, the Secretariat shall put the proposals before the Committee for scrutiny.
• The Committee will examine each application in the light of the data provided by the Secretariat and make its overall assessment based on a point- based format indicated below:
➢ Number of years of practice of the applicant-Advocate from the date of enrolment. (10 points for 10 years of practice and 1 point each for every additional year of practice, subject to a maximum of 20 points).
➢ Judgments reported and unreported (excluding orders that do not lay down any principle of law); Pro bono work done by the Advocate; domain expertise of the applicant-Advocate, subject to a maximum of 50 points.
➢ Publication of academic articles, experience of teaching assignments in the field of law, guest lectures delivered in law schools and professional institutions connected with law, subject to a maximum of 5 points.
➢ The test of personality and suitability on the basis of interviews for a holistic assessment of the applicant, subject to 25 points.
• The Committee will short-list the number of candidates to be selected for interview.
• All the names that are short-listed for the interview, including the names which are cleared by the Committee, will be placed before the Full Court.
• There shall be no voting by secret ballot save in an exceptional situation, forreasons to be recorded.
• All cases which are not favourably considered by the Full Court shall be reviewed/reconsidered after the expiry of 2 years from the date of the decision of the Full Court, by following the procedure applicable at that time. Provided that this will not prevent the Advocate from making an application to a High Court for designation as a Senior Advocate.
• All cases deferred by the Full Court for being designated as Senior Advocate shall not be considered until the expiry of 1 year from the date of the decision of the Full Court. After the expiry of the period, the Advocate may apply afresh in terms of the procedure applicable on the date of the fresh application.
• Former Chief Justices and former Judges of the High Courts may at any time submit a letter of request to the Committee for designation as Senior Advocates.
• All letters of request of former Chief Justices and former Judges of the High Courts for designation as Senior Advocates shall be placed before the Full Court.
• Former Chief Justices and former Judges of the High Courts, who have accepted or consented to accept any full-time assignment will not be considered for designation as Senior Advocates as long as they hold that assignment.
• The final decision of the Full Court will be communicated individually to all the applicants.
• The Full Court may review its decision to designate a person as a Senior Advocate and recall the conferment of designation if the Advocate is found guilty of conduct which according to the Full Court disentitles him to designation.
• The Full Court would give an opportunity of a hearing before any such action is taken.
• All questions relating to the interpretation and/or application of these Guidelines shall be referred to the Chief Justice of India whose decision shall be final. The Chief Justice of India may issue directions for the removal of difficulties either in general terms or in a particular instance as the exigencies may require.
