SC issues guidelines for designation of senior lawyers

Remigio Civitarese
Ottobre 12, 2017

"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.

The Supreme Court on Thursday laid down the guidelines, including setting up of a permanent panel at the high courts and the top court, to accord designation of "senior advocate" to lawyers based on objective criteria like assistance rendered in legal formulations.

Disposing four petitions including one filed by senior advocate Indira Jaising, the bench, in its 112-page judgement, laid down as many as 11 guidelines to effectively deal with the process of designating lawyers as seniors.

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

Besides the Chief Justice of India and senior most Supreme Court or High Court judge, the committee would also include a representative of the bar and Attorney General in case of apex court and Advocate General in case of high courts. "The new system should consider various aspects, including integrity, pro bono work, expertise in specialised areas of law among other".

It said the secretariat would collect the data and their sources for perusal and decision by the CJI-led committee.

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

The list will then be forwarded to a full court for voting.

A lawyer will have to undergo the test of personality in which he will be interviewed for being designated as a senior lawyer. Those rejected will be eligible for reconsideration only after a gap of two years, the SC said.

This is unedited, unformatted feed from the Press Trust of India wire.

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