The designation of Senior Advocates must prioritize objective assessments of ability and integrity, ensuring inclusivity while addressing concerns over arbitrary practices and the relevance of experience.

Based on the provided legal document, here are the key points regarding the designation of Senior Advocates:

1. Background and Context * The judgment addresses concerns raised in Jitender @ Kalla regarding the process of designating Senior Advocates, which was originally established in Indira Jaising-1 and modified in Indira Jaising-2. * The Court noted that while the guidelines in Indira Jaising-1 were intended to bring uniformity and objectivity, they required reconsideration based on experience gained over seven and a half years. * Specific doubts were raised about whether the current system effectively ensures only deserving Advocates are designated, particularly concerning the integrity of the process and the inclusion of Trial Court practitioners.

2. Statutory Framework (Section 16, Advocates Act, 1961) * Section 16 creates two classes of Advocates: Senior Advocates and other Advocates. * Designation is a privilege conferred by the Supreme Court or High Courts with the consent of the Advocate. * The criteria for designation are ability, standing at the Bar, and special knowledge or experience in law. * The Legislature never contemplated an Advocate making an application; however, the Court held that allowing applications is practically necessary for consent and data collection, treating the act of application as implied consent. * Individual Judges cannot recommend candidates; the decision must be a collective one by the Full Court.

3. Critique of the 100-Point Based Assessment System * Participation of Bar Members: The Court found that involving members of the Bar in the decision-making process (assigning points) is contrary to Section 16, which vests power solely in the Court. This participation leads to issues of propriety and potential canvassing. * Duration of Practice: Assigning points based merely on the number of years of practice is irrational. Mere length of time does not equate to "standing" or "ability," and it rewards inactivity. * Interview/Interaction: Subjecting Advocates with established standing to a brief interview (worth 25 points) violates the dignity of the profession and is insufficient to test personality or suitability. * Judgments and Publications: It is practically impossible for the Permanent Committee to verify the role of a specific Advocate in hundreds of judgments or to assess the quality of publications individually. This makes the assessment highly subjective. * Lack of Integrity Check: The point-based system failed to account for character, honesty, and integrity, meaning an Advocate with a poor reputation could still score high marks if they performed well in an interview.

4. Directions and Conclusions * Deletion of Point-Based System: The Court directed that the directions contained in Paragraph 73.7 of Indira Jaising-1 (as amended) shall not be implemented. * Role of Full Court: The decision to confer designation must be taken by the Full Court of the High Court or the Supreme Court. * Voting Method: While consensus should be sought, if not possible, decisions must be made by a democratic vote. The use of a secret ballot is left to the discretion of the Full Court based on the specific circumstances of the case, rather than being an exception or a mandatory rule. * Inclusivity and Diversity: High Courts must ensure that Advocates practicing in Trial and District Courts, as well as those before specialized tribunals, are considered for designation, as their role is not inferior to that of Advocates in higher courts. * Minimum Qualification: The minimum requirement of 10 years of practice remains valid, as standing at the Bar can only be assessed after a reasonable period of practice. * Rule Making: High Courts are directed to frame proper Rules within 4 months to regulate the designation process, ensuring objectivity, transparency, and fair play, after consulting with relevant stakeholders. * Periodic Review: The Court and High Courts must periodically review the designation system to improve it and ensure no deserving Advocate is left out.