Designation of senior Advocate

 The 3 judges bench of the humble SC revisited the designation of senior advocate and has issued following guidelines. 

Detailed orders follows 

1. The Decision to confer designation shall be of the full court of the High Court or this Court.

 2. The applications of all candidates found eligible by the permanent secretariat, along with relevant documents submitted by the applicants, shall be placed before the full house. 

3. An endeavour should always be made to arrive at a consensus. However, if a consensus on the designation of advocates cannot be arrived at, the decision-making must be by a democratic method of voting. Whether in a given case there should be a secret ballot is a decision which can be best left to the High Court to take a call considering the facts and circumstances in a given case. Also Read - Why NEET Must Go? Tamil Nadu's Case For Educational Justice.

 4. The minimum qualification of 10 years of practice fixed by Indira Jaising I needs no reconsideration. 

5. The practice of advocates making applications for the grant of senior designation can continue as the act of making an application can be treated as consent of the advocate for designation. Additionally, the Full Court may confer designation dehors the application in a deserving case. 

6. In the scheme of S.16(2) of the Advocates Act, there is no scope for individual judges of this Court or the High Court to recommend a candidate for designation.

7. At least one exercise of designation must be exercised every calendar year. 

8. The process already initiated on the basis of the decisions in Indira Jaising I and Indira Jaising II shall continue to be governed by the said decisions. However, new processes shall not be initiated and new applications shall not be considered unless there is a proper regime of rules framed by the High Courts. Even the Supreme Court will have to amend the rules in the light of this decision. Every effort shall be made to improve the system by periodically reviewing the same in the light of this judgment by the Supreme Court and the respective High Courts."