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Courts have also recognized that engagement outside the panel, including by the accused or in special circumstances, is permissible if the advocate has sufficient experience, but formal designation as Senior Advocate remains a specific criterion ["SUNIL GROVER vs GOVERNMENT OF NCT OF DELHI AND ORS - Delhi"]-729_2018), ["SUNIL GROVER Vs GOVERNMENT OF NCT OF DELHI AND ORS - Delhi"].
Analysis and Conclusion:
References:- ["Vijai Pratap Singh vs Delhi High Court, Through Registrar General - Delhi"]- ["K. Marimuthu VS Secretary to Government, Government of India Ministry of Finance Department of Economic Affairs, New Delhi - Madras"]- ["M. VEERABHADRAIAH VS UNION OF INDIA - Karnataka"]- ["State of Andhra Pardesh, Department of Legislative Affairs and Justice VS Margadarsi Financiers rep. By Ramoji Rao - Andhra Pradesh"]- ["State of Andhra Pradesh, Department of Legislative Affairs and Justice VS Margadarsi Financiers rep. by Ramoji Rao - Andhra Pradesh"]- ["Kuriachan Chacko VS Secretary of Government, Home (C) Department, Thiruvananthapuram - Kerala"]- ["ROSHAN MAGANLAL DESAI vs OFFICIAL LIQUIDATOR - Gujarat"]- ["Tamaskar V. G. v. High Court of Chhattisgarh and Others - Chhattisgarh"]- ["KASHMIR SINGH THAKUR vs UOI AND OTHERS - Himachal Pradesh"]- ["SUNIL GROVER vs GOVERNMENT OF NCT OF DELHI AND ORS - Delhi"]-729_2018)- ["SUNIL GROVER Vs GOVERNMENT OF NCT OF DELHI AND ORS - Delhi"]
In the intricate world of Indian legal practice, the roles of advocates are clearly delineated by statutes, rules, and judicial precedents. A common query among legal practitioners, authorities, and institutions is: Can a designated Senior Advocate be engaged as a panel advocate? This question arises frequently in contexts like government panels, special courts, or institutional engagements where expertise is paramount.
This blog post delves into the legal framework, judicial interpretations, and practical considerations surrounding this issue. Drawing from the Advocates Act, 1961, relevant rules, and key court decisions, we'll provide a comprehensive overview. Note: This is general information based on established legal principles and should not be construed as specific legal advice. Consult a qualified lawyer for your circumstances.
A designated Senior Advocate can be engaged as a panel advocate, but only within the framework and criteria established by relevant rules and judicial guidelines. The engagement is permissible provided the advocate meets the prescribed qualifications and adheres to applicable procedures. Courts have consistently upheld this, emphasizing merit, transparency, and compliance. CENTRAL BUREAU OF INVESTIGATION VS K. NARAYANA RAO - 2012 7 Supreme 33
This position balances the honorific status of Senior Advocates with practical needs for competent representation in panel roles.
Here are the essential takeaways:
These points ensure engagements uphold professional integrity.
Section 16 empowers High Courts to designate Senior Advocates based on:
Judicial decisions affirm that duly designated Senior Advocates can serve in various capacities, including panels. CENTRAL BUREAU OF INVESTIGATION VS K. NARAYANA RAO - 2012 7 Supreme 33 As noted, On an advocate's consent, he may be designated as a senior advocate... by virtue of the advocate's ability, standing at the Bar, or special knowledge or experience in law. Saharsranaman P. B. , Adv. VS Kerala High Court Represented - 2017 Supreme(Ker) 631
Courts stress that designation marks merit but eligibility for panels depends on rules. For instance, engagement is allowed if qualifications match. CENTRAL BUREAU OF INVESTIGATION VS K. NARAYANA RAO - 2012 7 Supreme 33J. P. Joshi, Advocate VS Jai Narain Vyas University, Jodhpur through its Registrar - 2001 0 Supreme(Raj) 1312 Transparency and objectivity are key. CENTRAL BUREAU OF INVESTIGATION VS K. NARAYANA RAO - 2012 7 Supreme 33
In Supreme Court contexts, panels include Senior Advocates post-designation: AORs and Non-AORs subsequently designated as Senior Advocates from 2016 onwards, satisfying the eligibility norms... be included in the panel of Senior Advocates. Gopal Jha VS Hon’ble Supreme Court of India - 2018 Supreme(SC) 1081
High Court rules, like Orissa's, highlight procedural rigor: Designation follows consensus, and irregularities in process are scrutinized. Banshidhar Baug VS Orissa High Court, represented though its Registrar General - 2021 Supreme(Ori) 14 The court noted, He having applied for being designated as 'Senior Advocate', he should have the character becoming of a 'Senior Advocate'.
Under SC/ST (PoA) Rules, 1995, eminent Senior Advocate roles explicitly allow panel engagements for those with recognized standing. SUNIL GROVER VS GOVERNMENT OF NCT OF DELHI - 2019 0 Supreme(Del) 99Sunil Grover VS Government of NCT of Delhi - Crimes (2019) Authorities like District Magistrates exercise discretion based on experience. J. P. Joshi, Advocate VS Jai Narain Vyas University, Jodhpur through its Registrar - 2001 0 Supreme(Raj) 1312
While permissible, limitations apply:
Supreme Court chamber allotments reflect similar principles, prioritizing Senior Advocates in panels and allotments. Suggestions for including newly designated Seniors in panels were accepted, underscoring their eligibility. Gopal Jha VS Hon’ble Supreme Court of India - 2018 Supreme(SC) 1081
High Court manuals and rules, like Kerala's, reinforce confidentiality and merit in designations, ensuring only fitting advocates serve. Saharsranaman P. B. , Adv. VS Kerala High Court Represented - 2017 Supreme(Ker) 631
In Orissa High Court matters, sub-rules conflicting with Supreme Court guidelines (e.g., Indira Jaising case) were struck down, emphasizing uniform standards. Banshidhar Baug VS Orissa High Court, represented though its Registrar General - 2021 Supreme(Ori) 14 Sub-rule (9) of Rule-6 of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019 is declared as ultravires.
Engaging Senior Advocates enhances panel quality but demands diligence.
Designated Senior Advocates may serve as panel advocates, subject to rules like the Advocates Act, 1961 and judicial norms. This flexibility recognizes their expertise while safeguarding standards. Key takeaways:
For authorities and advocates, this framework ensures competent representation. Stay updated on evolving guidelines, and always seek professional advice for specific cases.
References:- CENTRAL BUREAU OF INVESTIGATION VS K. NARAYANA RAO - 2012 7 Supreme 33: Criteria for Senior Advocates.- SUNIL GROVER VS GOVERNMENT OF NCT OF DELHI - 2019 0 Supreme(Del) 99, Sunil Grover VS Government of NCT of Delhi - Crimes (2019): Eminent Senior Advocates in rules.- J. P. Joshi, Advocate VS Jai Narain Vyas University, Jodhpur through its Registrar - 2001 0 Supreme(Raj) 1312: Engagement practices.- Banshidhar Baug VS Orissa High Court, represented though its Registrar General - 2021 Supreme(Ori) 14: Designation process scrutiny.- Gopal Jha VS Hon’ble Supreme Court of India - 2018 Supreme(SC) 1081: Supreme Court panels.- Saharsranaman P. B. , Adv. VS Kerala High Court Represented - 2017 Supreme(Ker) 631: Designation qualities.
#SeniorAdvocate, #PanelAdvocate, #AdvocatesAct
The final appointments are made by the Queen on the advice of the Lord Chancellor, following consideration by this Panel; the Panel comprises retired Judges, senior barristers, solicitors, distinguished lay member (who also chairs the Panel). ... Part L of Chapter 6 provides the Rules to designate an advocate as a senior advocate. The impugned Rule 9B of the High Court Senior Designation Rules, 2024 has been added vide the aforesaid notification. .......
In other words, the empanelled Lawyers engaging a designated Senior Counsel to protect the interest of the Bank in a particular case may be at the discretion of the Competent Authority concerned. ... Advocate, De-Paneling of Advocate, and Review at Head Office level. ... and allocating the work to them as required by the clause 2.1 and to ensure the experience for panel advocate as 5 years as fixed in clause 1.2 of the said RBI Circular No. ... However, special engagements for a partic....
be designated as senior advocate. ... as a senior advocate and (c) consent of the advocate for being designated as a senior advocate. ... or she had eligibility of being designated as senior advocate. ... One such Norm is, sponsorship of an advocate for being designated as a senior advocate. ... as a #HL_STAR....
The appellant is practicing as an advocate having 45 years standing to his credit. He is a senior advocate of this Court but not ‘a designated senior counsel’. ... /senior designated advocates/senior law officers as special arguing counsel from case to case basis on such fee as are applicable to the Central Govt. ... /senior designated advocates/senior law officers as special arguing counsel fr....
With reference to S.16 of the Advocates Act, in the matter of designation of Advocates as Senior Advocates. Sri Holla argued that there is no difference as such between the Advocate on the roll and the designated Senior Advocate. ... not on record would be acting as a Senior Advocate designated by this Court in exercise of the powers conferred on it under S.16 (2) of the Advocates Act, 1961. ... It was also his submission that sub-Rule (2) of R.3 was....
The 4th respondent still continues to be a designated Senior Advocate of the High Court. ... ... (ii) Where a Senior Advocate has been engaged prior to the coming into force of the rules in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is engaged along with him. ... ... (iii) The 4th respondent is a designated Senior Advocate by the High Court and....
be designated as Senior Advocate. ... Section 16(2) of the Advocates Act 1961 is quoted hereinbelow : ... "16(2) An Advocate may with his consent be designated as Senior Advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability, (standing at the Bar or special knowledge or experience in law) he is deserving ... Bajpai, Shri Shree Kumar Agrawal and Shri Suresh Kumar Sinha be designated as Senior Advoca....
Nand Lal, Senior Panel Counsel, for respondent No.1. Mr. Rajiv Jiwan, Senior Advocate, with Mr. Janesh Mahajan, Advocate, for respondents No.2 & 3. ... Thereafter, in terms of Annexure P-5, notification dated 16.10.2024, the petitioner was designated as a Senior Advocate by the High Court of Himachal Pradesh. ... engaged as a Senior Counsel to either institute cases against or defend cases relating to Central Burea....
Thus, in terms of Sub-rule (5) of Rule 4 of the SC/ST Rules, only a Senior Advocate can be appointed for conducting a case. In the present case, respondent no.3 is not designated as a Senior Advocate. The contention that the term “Senior Advocate” must be read as a senior lawyer is unpersuasive. ... He further submits that the expression “eminent Senior Advocate” as used in Sub-rule (5) of Rule 4 of the SC/ST Rules....
Thus, in terms of Sub-rule (5) of Rule 4 of the SC/ST Rules, only a Senior Advocate can be appointed for conducting a case. In the present case, respondent no.3 is not designated as a Senior Advocate. The contention that the term “Senior Advocate” must be read as a a senior lawyer is unpersuasive. ... He further submits that the expression “eminent Senior Advocate” as used in Sub-rule (5) of Rule 4 of the SC/ST Rul....
He having applied for being designated as “Senior Advocate”, he should have the character becoming of a “Senior Advocate”. We fail to understand how Mr. Baug forgot that the Hon’ble Full Court with consensus took a decision in plurality and in such a case he could not have attributed malafide to each and every Hon’ble Judge of the Court. We are, however, pained by the argument and submission of Mr. Baug, alleging malafide on the Hon’ble Full Court.
Non-Advocates-On-Record satisfying the appearances criteria, becoming Advocates-On-Record in 2016 onwards not satisfying the filing criteria in less than 2 years, be included in the panel of Advocates-On-Record in order of their seniority as Advocate-On-Record.5. Similarly, AORs and Non-AORs subsequently designated as Senior Advocates from 2016 onwards, satisfying the eligibility norms as Advocates-On-Record/Non Advocates-On-Record be included in the panel of Senior Advocates in chronology of being designated as Senior Advocate.”
On an advocate's consent, he may be designated as a senior advocate. It specifies that there can be two classes of advocates: senior advocates and other advocates. These qualities-not merely physical, academic qualifications-must be to the satisfaction of the Supreme Court or the High Court, the designating authority. The designation must be by virtue of the advocate's ability, standing at the Bar, or special knowledge or experience in law.
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