13-05-2025
Supreme Court issues new guidelines for senior advocate designations
The Supreme Court on Tuesday issued a fresh set of guidelines, discarding the existing marking-based evaluation system in the process to designate senior advocates.
The marking-based assessment system was introduced through the landmark Indira Jaising judgments in 2017 and 2023.
A special bench comprising Justices Abhay S Oka, Ujjal Bhuyan, and SVN Bhatti held that the existing framework, which awards marks for categories such as years of practice, reported judgments, publications, and interviews, will no longer apply to future designations. The Court stressed the need for diversity and representation, particularly of advocates practising in trial courts, and said that new rules must be framed accordingly.
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Reading out a portion of the verdict, Justice Oka said, 'We direct that the directions contained in paragraph 73.7 of Indira Jaising I, as amended by Indira Jaising II, shall not be implemented.'
The court has given all high courts four months to frame new rules in accordance with its directions.
According to the order, designation decisions must rest with the full court of the Supreme Court, or the respective high court and applications found eligible by the permanent secretariat, along with supporting documents, must be placed before the full court.
The court designating seniors should aim for consensus and if that is not possible, a democratic method of voting should be adopted, the Supreme Court said.
The special bench also said secret ballots can be used at a court's discretion.
