SC Issues New Guidelines For Senior Advocate Designation, Matters Relating To It To Be Dealt With By Permanent Committee

Under the new guidelines, all matters relating to the designation of Senior Advocates in the Supreme Court of India shall be dealt with by a Permanent Committee to be known as the "Committee for Designation of Senior Advocates

The committee will be comprised of the following for the selection of Senior Advocates:

(a) Chief Justice of India Chairperson

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

(c) Attorney General for India

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

The Committee will meet at least twice a year with the committee having a permanent secretariat. The composition of the Secretariat will be decided by the Chief Justice of India in consultation with the members of the Committee.

Further, the committee will invite applications for Senior Advocates at least once a year. The criteria for the evaluation of Senior Advocates have been modified a bit. The criteria involve:

1. 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.
2. Judgments reported and unreported (excluding orders that do not lay down any principle of law), pro bono work done by the Advocate; domain expertise (such as constitutional law, Inter-State Water Disputes, Criminal law, Arbitration law, corporate law, Family law, Human Rights, Public Interest Litigation, International law, law relating to women) of the applicant-Advocate. - 50 Points
3. 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. -5 Points
4. The test of personality and suitability based on interview for a holistic assessment of the applicant. -25 Points

Eligibility Criteria

The criteria to be eligible to apply for the designation of Senior Advocate is-

• At least (a) ten years' standing as an Advocate; or (b) 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 practicing before specialized 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.

Further, the Supreme Court in its guidelines also set out provisions for Former Chief Justices and Judges of the High Court to become Senior Advocate. The guidelines state that 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. Provided further that 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.

Click here to read the guidelines