Supreme Court Issues New Guidelines for Designation of Senior Advocates

Supreme Court Issues New Guidelines for Designation of Senior Advocates

The Supreme Court has published new guidelines to govern how lawyers would be appointed as Senior Advocates in the Top Court, titled ‘Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2023’, following the recent judgment in Indira Jaising vs. Supreme Court of India, through Secretary General 2023.

These guidelines will supersede the earlier guidelines issued by the Court in 2018.

The new guidelines have been framed two months after a three-judge’s bench of Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah, and Aravind Kumar issued fresh guidelines following the judgment dated 12 May, 2023 passed in the case of Indira Jaising vs. Supreme Court which modified the criteria for senior designation.

As per the new guidelines Advocates who had earlier applied for designation must update their applications or submit fresh applications in a new format.

The Advocates who had applied for conferment of Senior Designation in response to Notices issued on 25th February 2022 and 7th May, 2022 for conferment of designation as Senior Advocate have to either:

(a) to update their previous applications pending consideration of the Permanent Committee by furnishing additional information/data in the newly prescribed format

(b) to substitute their applications by submitting fresh applications in the new prescribed format, or;

(c) Advocates also have the option to withdraw their applications by Monday, 7 August 2023 without affecting their eligibility to apply in the future.

The Senior Designations will be dealt with by a committee comprising:

(a) Chief Justice of India: Chairperson

(b) Two senior-most Judges of the Supreme Court of India: Members

(c) Attorney General for India: Member

(d) A member of the Bar, nominated by the Chairperson and Members, referred to in (a) to (c) above: Member.

The names shortlisted by the Committee will be placed before the Full Court. There shall be no voting by secret ballot save in an exceptional situation, for reasons to be recorded. In the Indira Jaising judgment, the Court had ordered that secret voting should be an exception.

Who decides?

(a) Matters relating to the designation of Senior Advocates will be dealt with by the Permanent Committee known as the Committee for Designation of Senior Advocates (Committee).

(b) This Committee will have 5 members, namely the Chief Justice of India (Chairperson), two senior-most Supreme Court judges, the Attorney General for India, and one member from the Bar who is nominated by the other members of the committee.

(c) The Committee will meet twice a year and have a permanent secretariat, whose members will be decided by the Chief Justice of India in consultation with the other members of the Committee.

Who are eligible to be conferred the senior gown?

The following criteria have to be satisfied before a lawyer can be considered for being designated a Senior Advocate:

(a) Minimum years of practice: At least 10 years standing as an advocate or at least 10 years combined standing as an advocate and a District and Sessions Judge/ as a Judicial Member of any Tribunal whose eligibility criteria for appointment is not less than what is required for appointment as a District Judge.

(b) Area of practice: The candidate's practice should be mainly before the Supreme Court. However, applicant-advocates who have domain expertise and practice before specialised tribunals may be given a concession.

(c) Age: The candidate must at least be 45 years old unless the age limit is relaxed by the Committee, or if the name has been recommended by the Chief Justice of India or a Supreme Court judge.

(d) Former judges barred from applying if they are already engaged elsewhere: 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.

Modes through which lawyers would be conferred with the senior gown:

There are two modes proposed under the guidelines:

(a) On recommendation: The Chief Justice of India or any Supreme Court judge can recommend, in writing, the name of any advocate to be conferred the senior gown, on an opinion that such advocate (who should practice mainly in the Supreme Court) should be designated a senior advocate on account of her/ his standing at the Bar or special knowledge or experience in law.

(b) On application: The secretariat of the Committee will initiate the senior designation process at least once a year by inviting applications from advocates or advocates-on-record. This would be published on the official Supreme Court website. Further, it would also be intimated to the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA). Former Chief Justices and former Judges of the High Courts may also, at any time, submit a letter of request to the Committee for designation, which would be placed before the Full Court.

Applications to be invited at least once a year

The Secretariat of the Committee will 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 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.

The Supreme Court has also invited Ex-Chief Justices and Judges of High Courts to apply for senior designation.