Senior Advocate Designation Process

Subject :Polity

Section: Judiciary

Context:

The Supreme Court, commenced with the hearing of the pleas seeking modification to the extant guidelines regarding the process of designation of Senior Advocates practicing before the Supreme Court as well as the High Courts,

More about the news:

The Supreme Court, commenced with the hearing of the pleas seeking modification to the extant guidelines regarding the process of designation of Senior Advocates practicing before the Supreme Court as well as the High Courts, which was set out in its 2017 judgment, Indira Jaising v. Supreme Court of India.
A Bench comprising Justice Sanjay Kishan Kaul, Justice Ahsanuddhin Amanullah and Justice Aravind Kumar heard the arguments put forth by Senior Advocate, Ms. Indira Jaising, who is a petitioner herself.

What is Indira Jaising Case:

India’s first woman Senior Advocate Indira Jaising filed a petition in SC challenging the existing process of designation.
She termed this process as opaque, arbitrary and fraught with nepotism and sought greater transparency in the process of designating.
As a result, the Apex Court decided to lay down guidelines for itself and all High Courts on the process of designating senior advocates.

What was the verdict in Indira Jaising Case

The judgment decided the setup:
- A permanent committee, and
- a permanent secretariat,
Secretariat was tasked with receiving and compiling all applications for designation with relevant data, information, and the number of reported and unreported judgments.
Besides creating permanent bodies, the verdict laid down the procedures and assessment criteria for the designation process.

Who are Senior advocates/lawyers in India:

Under Section 16 of the Advocates Act 1961 two classes of advocates are classified; Senior Advocate and Junior or those who are not designated as seniors.
The Senior advocates play the role of legal experts in India who have significant knowledge in the field of law.
They are associated with many prominent cases as they are good contributors to the principle of Rule of Law.

What are the legal provisions related to the Designation of Senior Counsel:

Section 16(2) of the Advocates Act, 1961 and Rule 2(a) of Order IV of the Supreme Court Rules, 1966 provide certain guidelines to be followed for the designation of a senior counsel.
As per these provisions:
- The Chief Justice and other judges of the concerned court should believe that a particular advocate is fit to hold the position of a senior advocate.
- The concerned advocate should have exceptional legal expertise and knowledge of the law.
- The consent of such an advocate should be obtained prior.
- The selection should be on the sole ground of his knowledge and expertise in the area of law.

What are the restrictions imposed on a Senior Advocate:

A senior advocate is not permitted to appear without an Advocate-on-record or any junior.
He/she is refrained from drafting pleadings or affidavits before any court or authority mentioned under Section 30 of the act.
He/she shall not accept directly from a client any brief or instructions to appear in any Court.
A senior cannot file any pleading or represent his client nor can draft an application by his own handwriting.
The senior advocate must maintain a code of conduct, different from the other advocates.