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Supreme Court Issues Guidelines To Accord Senior Designation To Lawyers

12 Octobre 2017

The Supreme Court on Thursday said that a permanent committee headed by the Chief Justice of India will henceforth decide on the designation of lawyers as senior advocates.

A three-judge bench headed by Justice Ranjan Gogoi said that besides the Chief Justice of India, the committee would include a senior most Supreme Court judge or a high court judge, as the case may be in the committee.

The apex court in its order set up a committee, to look into the designation of senior advocates' issue.

The Supreme Court today formulated certain guidelines for the designation of all the Senior Advocates for all the state High Courts and Supreme Court.

"Possible consequences arising from a wrong/improper exercise of power can not be a ground to invalidate the provisions of Section 16 of the Act", the bench, which also comprised Justices R F Nariman and Navin Sinha, said.

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On giving the Bar representation, it said "the four Members of the Permanent Committee will nominate another Member of the Bar to be the fifth Member of the Permanent Committee". "The new system should consider various aspects, including integrity, pro bono work, expertise in specialised areas of law among other".

The bench also made it clear that the permanent secretariat will put the name of candidates being considered for senior designation on the website to invite suggestions of stakeholders.

After processing and short-listing the applications, the Secretariat would place final list before the permanent Committee. She had alleged violation of Article 14 and 15 by the Supreme Court in the procedure followed for designating lawyers as Senior Advocates. "In the event of resort to secret ballot, decisions will be carried by a majority of the Judges who have chosen to exercise their preference/choice", it said.

The bench said the guidelines may not be exhaustive and "may require reconsideration in the light of the experience to be gained over a period of time".

Supreme Court Issues Guidelines To Accord Senior Designation To Lawyers