Senior Advocates in the SC

What’s in today’s article?

• Why in news?
• Who are Senior advocates/lawyers in India?
• What are the legal provisions related to the Designation of Senior Counsel?
• What are the restrictions imposed on a Senior Advocate?
• What is Indira Jaising Case?
• What was the verdict in Indira Jaising Case?
• News Summary: New guidelines for designation of senior advocates in the SC
• What do the new guidelines say?
• Why are the guidelines being changed?

 

Why in news?

• The Supreme Court has published new guidelines for the designation of senior advocates practicing mainly in the Apex Court.
• In doing so, the apex court, replaced the guidelines issued by the top court in 2018, in the aftermath of its 2017 ruling in Indira Jaisingh v. Union of India.

 

Who are Senior advocates/lawyers in India?

• Under Section 16 of the Advocates Act 1961 two classes of advocates are classified; Senior Advocate and Junior or those who are not designated as seniors.
• The Senior advocates play the role of legal experts in India who have significant knowledge in the field of law.
• They are associated with many prominent cases as they are good contributors to the principle of Rule of Law.

 

What are the legal provisions related to the Designation of Senior Counsel?

• Section 16(2) of the Advocates Act, 1961 and Rule 2(a) of Order IV of the Supreme Court Rules, 1966 provide certain guidelines to be followed for the designation of a senior counsel.
• As per these provisions:
  • The Chief Justice and other judges of the concerned court should believe that a particular advocate is fit to hold the position of a senior advocate.
  • The concerned advocate should have exceptional legal expertise and knowledge of the law.
  • The consent of such an advocate should be obtained prior.
  • The selection should be on the sole ground of his knowledge and expertise in the area of law.

 

What are the restrictions imposed on a Senior Advocate?

• A senior advocate is not permitted to appear without an Advocate-on-record or any junior.
• He/she is refrained from drafting pleadings or affidavits before any court or authority mentioned under Section 30 of the act.
• He/she shall not accept directly from a client any brief or instructions to appear in any Court.
• A senior cannot file any pleading or represent his client neither can draft an application by his own handwriting.
• The senior advocate must maintain a code of conduct, different from the other advocates.

 

Indira Jaising Case

What is Indira Jaising Case?

• India’s first woman Senior Advocate Indira Jaising filed a petition in SC challenging the existing process of designation.
• She termed this process as opaque, arbitrary and fraught with nepotism and sought greater transparency in the process of designating.
• As a result, the Apex Court decided to lay down guidelines for itself and all High Courts on the process of designating senior advocates.

 

What was the verdict in Indira Jaising Case?

• The judgment decided the setup: 
  • A permanent committee, and 
  • a permanent secretariat, 
    • Secretariat was tasked with receiving and compiling all applications for designation with relevant data, information, and the number of reported and unreported judgments.
• Besides creating permanent bodies, the verdict laid down the procedures and assessment criteria for the designation process.

 

News Summary: New guidelines for designation of senior advocates in the SC

What do the new guidelines say?

• Minimum age to apply for the senior advocate designation
  • The new guidelines prescribe the minimum age as 45 years to apply for the ‘senior advocate’ designation. 
  • This age limit may, however, be relaxed by the Committee, the Chief Justice of India, or a Supreme Court judge if they have recommended an advocate’s name.
    • The 2017 guidelines say that the CJI along with any judge can recommend an advocate’s name for designation.
    • However, the 2023 guidelines specify that the CJI along with any Judge of the Supreme Court may recommend in writing the name of an advocate for designation.
• Marks set aside for publications
  • Earlier, the guidelines stated that 15 marks were set aside for publications. 
  • However, the new guidelines state that only 5 marks will be given for:
    • publication of academic articles, experience of teaching assignments in the field of law, and 
    • guest lectures delivered in law schools and professional institutions connected with law.
• Weightage given to reported and unreported judgements
  • The weightage given to reported and unreported judgements (excluding orders that do not lay down any principle of law) has increased from 40 to 50 points in the new guidelines.

 

Why are the guidelines being changed?

• In February 2023, the Central government sought to change guidelines for the designation of senior lawyers.
  • These guidelines were issued by the Supreme Court in the aftermath of its 2017 ruling in the case of ‘Indira Jaising vs. Union of India’.
• The designation guidelines for lawyers are based on a point-based system, which awarded 40% weightage to publications, personality, and suitability gauged through the interview. 
• The Centre argued that this system is subjective, ineffective, and dilutes the esteem and dignity of the honour being conferred traditionally.
• It pointed to the rampant circulation of bogus and sham journals where people can publish their articles without any academic evaluation of the contents and quality of the articles.
• The Centre also sought to reinstate the rule of a simple majority by a secret ballot, where the judges can express their views about the suitability of any candidate without any embarrassment.
  • The existing guidelines discouraged the system of voting by secret ballot, except in cases where it was unavoidable.

 

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Q1) What is the Advocates Act, 1961?

The Advocates Act, 1961 is an important legislation in India that regulates the legal profession and the conduct of advocates (lawyers) in the country. It was enacted by the Parliament of India and came into force on 19th May 1961. The primary purpose of the Advocates Act is to unify and consolidate the laws relating to legal practitioners and to provide a single, uniform framework for the legal profession in India.

 

Q2) What is Rule of Law?

 The Rule of Law is a fundamental legal principle that serves as the foundation of modern democratic societies. It refers to the concept that all individuals and entities, including government authorities, are subject to and must abide by the law. The Rule of Law is essential for ensuring a just and fair society where the rights and freedoms of individuals are protected, and there is a clear framework for resolving disputes and conflicts.

 

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Source: New guidelines for designation of senior advocates in the SC: What they say | Legal Service India | Indian Express