Senior Advocate Designation: Supreme Court, invoking Art. 142, directs Delhi High Court to reconsider deferred/rejected applications to avoid injustice. - 2025-04-15

Supreme Court Directs Delhi High Court to Reconsider Rejected Senior Advocate Applications

New Delhi: In a significant move to prevent "possible injustice," the Supreme Court of India has directed the High Court of Delhi to conduct a fresh review of all applications for the designation of Senior Advocate that were previously deferred or rejected. A bench of Justices Abhay S. Oka and Ujjal Bhuyan , exercising its extraordinary powers under Article 142 of the Constitution , issued the order while disposing of writ petitions challenging the designation process.

Background of the Challenge

The case arose from two writ petitions, including one filed by advocate Raman Alias Raman Gandhi , challenging a notification dated November 29, 2024. This notification announced the designation of 70 lawyers as Senior Advocates by the Delhi High Court, a process governed by Section 16(2) of the Advocates Act, 1961, and rules framed following the landmark Indira Jaising vs. Supreme Court of India judgments.

The court noted that out of 302 total applicants, 70 were designated, 67 were deferred, and the remaining 165 were rejected. The petitioners raised concerns about the fairness and transparency of this selection process.

Court's Reasoning and Directions

After reviewing a report from the Delhi High Court's Registrar General and an affidavit by Senior Advocate Shri Sudhir Nandrajog, the Supreme Court determined that the most appropriate solution was a fresh consideration of the unsuccessful applications.

The bench stated, "We are conscious of the fact that the prayer for reconsideration of the decisions in Indira Jaising (I) and Indira Jaising (II) has been heard by a Bench of three Judges of this Court and the judgment is awaited. We make it clear that the directions issued above are in the peculiar facts of the case to avoid possible injustice to any of the applicants. This is a fit case to exercise jurisdiction of this Court under Article 142 of the Constitution of India."

To ensure a swift and compliant process, the Supreme Court issued the following key directives:

Reconstitution of Permanent Committee: The Registrar General of the Delhi High Court must take immediate steps to reconstitute the Permanent Committee as per Rule 3 of ‘The High Court of Delhi Designation of Senior Advocate Rules, 2024’.

Government Nomination: The Government of NCT of Delhi is directed to nominate its representative to the committee within one week of receiving the requisition from the High Court.

Fresh Consideration: The applications of all deferred and rejected candidates from the original pool of 302 shall be placed before the newly constituted Permanent Committee for a fresh evaluation in accordance with the 2024 Rules.

The Court has requested the High Court to complete this entire process expeditiously.

Final Decision and Implications

While disposing of the petitions, the Supreme Court clarified that its order should not be interpreted as an acceptance of the factual allegations made by the petitioners or intervenors. The decision focuses solely on providing a procedural remedy to ensure fairness for all applicants.

This ruling underscores the Supreme Court's willingness to intervene using its special constitutional powers to rectify procedural irregularities and uphold the principles of justice, even as a larger bench re-examines the foundational guidelines for Senior Advocate designations. The fresh review process in the Delhi High Court will be closely watched by the legal fraternity.