In a significant ruling, the Supreme Court of India has stressed that High Courts must consider advocates practicing in Trial Courts, District Courts, and specialized Tribunals for designation as Senior Advocates. The Court highlighted that their role is not inferior to those practicing before High Courts and the Supreme Court, promoting diversity in the designation process.
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A three-judge bench comprising Justice Abhay Oka, Justice Ujjal Bhuyan, and Justice SVN Bhatti observed:
“When we talk of diversity, we must ensure that the High Courts evolve a mechanism by which the members of the Bar practicing in our Trial and District Judiciary and before specialized Tribunals are considered for designation as their role is no inferior to the role played by Advocates practicing before this Court and High Courts.”
The Court suggested that High Courts should seek the views of Principal District Judges or Heads of Tribunals when evaluating the applications of such advocates. Additionally, the perspectives of Guardian or Administrative Judges of the concerned District should also be considered.
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The judgment also acknowledged the submissions of Senior Advocate Indira Jaising, who advocated for greater inclusivity and diversity. She emphasized that the designation of Senior Advocates should not become the privilege of a select few but should be open to all eligible members of the Bar, including first-generation advocates.
“Ms. Indira Jaising is absolutely correct when she candidly submitted that the designation cannot be the monopoly of the selected few. Diversity is of great importance. All members of the Bar who belong to different classes must get equal opportunity in the matter of designation,” the Court noted.
The Supreme Court further clarified that the process of senior designation must be objective and transparent. To ensure this, it directed that at least one exercise of designation should be conducted each year.
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On the matter of eligibility, the Court opposed the introduction of a minimum income criterion, noting that it would hinder inclusivity. However, it maintained the requirement of a minimum of ten years of practice, as the standing of an advocate can only be assessed after a substantial period of experience.
The Court also addressed another issue raised by Jaising, regarding the practice of Senior Advocates wearing different gowns. While acknowledging her concern, it left the final decision on this aspect to the High Courts while framing their rules for the senior advocate designation process.
Case no. – Petition for Special Leave to Appeal (Crl.) No. 4299/2024
Case Title – Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr.
