Supreme Court Suggests Fresh Review of Delhi HC Senior Advocate Designations
The Supreme Court on Friday suggested that the Delhi High Court conduct a fresh assessment of lawyers whose applications for senior advocate designation were either rejected or deferred during the previous selection process.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan directed senior advocate Rajshekhar Rao, representing the Delhi High Court, to seek instructions regarding the matter. The next hearing is scheduled for April 15, 2025.
SC Questions Selection Process of Senior Advocates
The Supreme Court observed that the selection process must align with the guidelines set in the landmark Indira Jaising judgment and suggested that a new committee be constituted to reassess the rejected and deferred candidates.
“We are suggesting that deferred candidates and rejected candidates undergo a fresh evaluation. The selection process must be in line with the Indira Jaising judgment,” the bench stated.
Controversy Over November 2024 Senior Advocate Appointments
The top court was hearing a petition challenging the Delhi High Court’s decision to grant senior advocate designations to 70 lawyers in November 2024, citing alleged irregularities in the process.
🔹 Over 300 lawyers had applied for the prestigious senior advocate tag, which is awarded by the Supreme Court and High Courts based on an advocate’s legal expertise, advocacy skills, and court craft.
🔹 Among the 70 designated lawyers, 12 were women.
🔹 A permanent committee had evaluated and marked candidates before conferring the designations.
While Rajshekhar Rao suggested that the Delhi High Court could review pending applications in a full-court hearing, the petitioners argued that the entire marking procedure was flawed.
SC Calls for “Serious Introspection” in Senior Designation Process
During an earlier hearing on February 20, the Supreme Court stressed the need for “serious introspection” on the process of designating senior advocates.
🚨 Key Concerns Raised by the SC:
✔ Can a lawyer’s personality and suitability be judged in just a few minutes of an interview?
✔ Should courts invite applications for senior designation, even though the law does not mandate it?
The apex court referred the matter to Chief Justice Sanjiv Khanna, indicating that a larger bench may review the procedure.
Legal Framework: Section 16 of Advocates Act
📜 Section 16 of the Advocates Act governs the designation of senior advocates. It requires the consent of the advocate before conferring the title but does not explicitly allow applications for the position.
What’s Next?
With the Supreme Court pushing for a fresh review, the Delhi High Court will likely have to reconsider the applications of those previously rejected or deferred. The April 15 hearing is expected to clarify the next steps in streamlining the senior advocate designation process.
