Supreme Court to Reconsider Senior Advocate Designation Framework
- ByAdmin --
- 04 Jun 2025 --
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The Supreme Court of India has taken a significant step by deciding to reconsider the existing framework for designating Senior Advocates. This move aims to revisit the system established under the Indira Jaising judgments and address concerns regarding transparency, fairness, and dignity in the process.
Background: The Current Framework
- The designation of Senior Advocate is a prestigious recognition granted to lawyers who have demonstrated exceptional ability, integrity, and standing in the legal profession.
- The current framework was laid down by the Supreme Court in two landmark judgments delivered in 2017 and 2023 in the case initiated by Senior Advocate Indira Jaising.
- This framework introduced a point-based system to standardize the process across various High Courts, considering factors such as:
- Years of practice in the profession
- Number of reported judgment
- Legal publications
- Personal interviews with the selection committee
- The goal was to ensure consistency and objectivity in conferring the Senior Advocate title, which was previously discretionary and varied widely.
Issues Identified with the Existing System
- Subjectivity and Interview Concerns:
The framework allocates a substantial portion of points based on interviews. This has raised concerns over potential subjectivity and bias, which some argue undermines the dignity of applicants and the transparency of the process.
- Transparency Deficit:
The scoring process and the criteria used have been criticized for lack of clarity, leading to calls for a more open and accountable system.
- Legal Ambiguities:
Debates have emerged regarding the interpretation of Section 16 of the Advocates Act, 1961, which governs the designation of Senior Advocates. Specifically:- Whether advocates should apply for the designation or the courts should identify deserving candidates proactively.
- The extent of discretion available to the courts and committees involved.
- Whether advocates should apply for the designation or the courts should identify deserving candidates proactively.
Supreme Court’s Initiative
- The Supreme Court has formed a bench led by Justices Abhay S. Oka, Ujjal Bhuyan, and SVN Bhatti to review the current framework.
- Notices have been sent to all High Courts and other stakeholders requesting their views and suggestions on improving the system.
- The objective is to devise a process that balances merit, fairness, and institutional discretion, ensuring that the designation maintains its prestige without compromising on due process.
Legal Provisions Relevant to the Framework
- Section 16, Advocates Act, 1961:
Empowers the Supreme Court and High Courts to designate an advocate as a Senior Advocate based on their ability, standing at the Bar, or special knowledge or experience in law.
- Article 14, Constitution of India:
Guarantees equality before the law and may be invoked to argue for a fair and transparent designation process.
- Article 19(1)(g), Constitution of India:
Protects the right to practice any profession, including law, ensuring that the process of granting designations does not unjustly restrict professional practice.
Potential Impact and Future Outlook
- Restoring Confidence:
Revisiting the designation process is expected to restore confidence among advocates regarding fairness and dignity in recognition.
- Setting a New Standard:
The Supreme Court’s reconsideration may set a benchmark for transparent and objective recognition, reducing arbitrariness in the legal profession.
- Enhancing Legal Professionalism:
A more robust designation framework will uphold the integrity and respect associated with the Senior Advocate title, benefiting the legal community and society at large.
- Ensuring Accountability:
With input from High Courts and stakeholders, the Court aims to develop a process that incorporates checks and balances to prevent misuse or favoritism.
Conclusion
The Supreme Court’s decision to revisit the Senior Advocate designation framework highlights its commitment to upholding the dignity and transparency of the legal profession. By addressing the current system’s challenges, the judiciary aims to ensure that this esteemed honor is bestowed through a process that is equitable, merit-based, and respectful of advocates’ rights. As the review progresses, the legal community eagerly awaits reforms that will shape the future of legal excellence recognition in India.
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