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2017 Supreme(SC) 1015

INDIRA JAISING – Appellant
Versus
SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL – Respondent


Advocates Appeared:
Advocate for Appellant: Anindita Pujari, Adv.
Advocate for Respondents: Anandh Kannan N., Ashok Mathur, Sibo Sankar Mishra, Purvish Jitendra Malkan, Ardhendumauli Kumar Prasad, Nandini Gore, Merusagar Samantaray, Mukesh Kumar Maroria, Gaurav Bhatia, Annam D. N. Rao, Annam D. N. Rao, Advs.

Judgement Key Points

What are the norms and guidelines for the designation of Senior Advocates in India? What is the constitutional validity of Section 16 of the Advocates Act, 1961, concerning the designation of Senior Advocates? How should the process for designating Senior Advocates be made more objective, fair, and transparent?

Key Points: - All matters relating to the designation of Senior Advocates in the Supreme Court and High Courts shall be handled by a permanent "Committee for Designation of Senior Advocates" (!) . - This Committee will be headed by the Chief Justice of India and include two senior-most Judges of the Supreme Court, the Attorney General for India, and one nominated member from the Bar (!) . - A permanent Secretariat will be established to compile data on advocates, including their reputation, conduct, integrity, pro-bono work, and reported judgments (!) (!) . - Proposals for designation will be published on the court's website to invite suggestions from stakeholders (!) . - The Permanent Committee will assess candidates based on a point-based format covering years of practice, judgments, publications, and personality/suitability (!) . - Names cleared by the Permanent Committee will be sent to the Full Court for consideration (!) . - Voting by secret ballot by the Full Court will not be the norm, and decisions will be carried by a majority of judges who vote (!) . - Cases not favorably considered by the Full Court can be reviewed after two years (!) . - The Full Court can review and recall the designation of a Senior Advocate in case of misconduct (!) . - The designation of Senior Advocate is a distinction and recognition, not a title, and is not violative of Article 18 of the Constitution of India (!) (!) . - Age and income criteria for designation are not justified; a minimum of 10 years of practice at the Bar should be the criterion (!) (!) .

What are the norms and guidelines for the designation of Senior Advocates in India?

What is the constitutional validity of Section 16 of the Advocates Act, 1961, concerning the designation of Senior Advocates?

How should the process for designating Senior Advocates be made more objective, fair, and transparent?


JUDGMENT :

RANJAN GOGOI, J.

1. The petitioner in Writ Petition (C) No. 454 of 2015 is a Senior Advocate designated by the High Court of Bombay in the year 1986. She has been in practice in the Supreme Court of India for the last several decades and has also served as an Additional Solicitor General for the Union of India. The perception of the petitioner that the present system of designation of Senior Advocates in the Supreme Court of India is flawed and the system needs to be rectified and acceptable parameters laid down has led to the institution of Writ Petition (C) No. 454 of 2015 with the following prayers.

“(a) Issue writ order, or direction declaring that the system of designation of Senior Advocates by recently introduced method of vote is arbitrary and contrary to the notions of diversity violating Articles 14, 15 and 21 and therefore, it is unconstitutional and null and void; and

(b) Issue writ order or direction for appointment of a permanent Selection Committee with a secretariat headed by a lay person, which includes the Respondent 4 Attorney General of India, repre











































































































































































































































































































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