SENIOR ADVOCATES

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Context: The Supreme Court designated 39 lawyers, including 10 women, as senior advocates, based on new guidelines issued in May 2023.

About Senior Advocate

• A Senior Advocate is a prestigious title given to lawyers who have demonstrated exceptional skill, experience, and contribution to the field of law.
• This designation is a mark of excellence, recognizing advocates who are expected to provide outstanding legal services. Unlike other advocates, Senior Advocates have certain restrictions and responsibilities:
  • • Restrictions: Senior Advocates cannot file a vakalatnama (a document authorizing a lawyer to represent a client), appear before a court without a junior or an advocate-on-record, engage in drafting work, or directly accept briefs from clients.
    • Responsibilities: Their role is more advisory and involves mentoring junior advocates and contributing to the development of the legal profession.

Designation Process

Background

• Before 2018, the process for designating Senior Advocates was less formalized.
• According to Section 16 (1) of the Advocates Act, there are two categories of advocates: Senior Advocates and Other Advocates.
• Section 16 (2) allows an advocate to be designated as a Senior Advocate if they consent to it and if the Supreme Court or High Court believes they deserve this distinction based on their legal ability and experience.

The Indira Jaising Case ●In 2017 when Indira Jaising, India’s first woman Senior Advocate, challenged the existing system. She argued that the process was “opaque,” “arbitrary,” and rife with “nepotism.” ●Her case highlighted the need for a more transparent and fair system. ●The Supreme Court's response to this challenge led to the development of new guidelines aimed at reforming the designation process.

New Guidelines for Designating Senior Advocates (2018)

• Formation of a Committee: The new guidelines established a "Committee for Designation of Senior Advocates," chaired by the Chief Justice of India.
  • • The committee includes the two senior-most Supreme Court judges, the Attorney General of India, and a nominated member of the Bar. This diversified composition aims to ensure a more balanced and impartial evaluation process.
• Regular Meetings: The committee is required to meet at least twice a year to review applications and make recommendations. This regularity helps maintain a systematic approach to evaluating candidates.
• Recommendation Process: The CJI or any other judge can recommend names for senior designation. Additionally, advocates themselves can apply to the committee. This dual approach allows for both internal recommendations and self-nominations, broadening the pool of candidates.
• Evaluation Criteria: Candidates are evaluated based on various criteria, including years of practice, pro-bono work, judicial contributions, and publications. This comprehensive evaluation ensures that the designation is based on merit and a broad understanding of the candidate’s contributions to the legal field.
• Transparency and Publication: The guidelines require the committee to publish the list of candidates and their proposals on the official court website, inviting public suggestions and views. This step enhances transparency and allows for public scrutiny of the process.
• Interviews and Final Decision: The committee conducts interviews and makes an overall evaluation. The final decision is made by the Full Court, which votes on the proposed designations. The Full Court also has the power to recall the designation if necessary.

Significance ●Increased Transparency: By publishing candidate details and allowing public feedback, the new process ensures that the designation of Senior Advocates is subject to public scrutiny, reducing the scope for arbitrariness. ●Balanced Evaluation: The diverse composition of the new committee and the comprehensive criteria for evaluation help in recognizing deserving candidates based on their merit and contributions.

Revised Guidelines for Designating Senior Advocates (2023)

• The guidelines were revised in May 2023 following a request from the Centre, which challenged the subjectivity of the point system.

Age Criteria

• Previously, the requirements for becoming a Senior Advocate were less specific regarding age and experience. The new regulations introduce clear age and experience criteria:
  • • Age Requirement: Lawyers must be at least 45 years old and have practised law for a minimum of 10 years to be eligible for the Senior Advocate designation.
    • Exceptions: For candidates directly nominated by the Chief Justice of India (CJI) or any other Supreme Court judge, there is no age limit. Also, those with a combined experience of 10 years as a lawyer and in judicial roles or tribunals can apply, which provides flexibility for experienced professionals in various legal arenas.

Process of Selection

The revised guidelines bring a more structured and transparent process for selecting Senior Advocates:

• Demonstrating Competence: Applicants must show their expertise through a detailed list of judgments where they have argued cases. This emphasizes their contribution to the field of law and their legal prowess.
• Annual Application: A notification inviting applications will be issued once every year. Lawyers must submit their achievements and qualifications in a prescribed format along with necessary documents and fees.
• Review Committee: A dedicated committee, comprising the CJI, two senior judges, the Attorney General, and a bar representative, will review the applications. This committee will meet twice a year and has the authority to waive the age requirement if deemed necessary.

Selection Criteria

The new regulations introduce a more nuanced approach to evaluating candidates:

• Weightage of Judgments: The quality and quantity of judgments argued by the applicants are given significant importance. This criterion can earn up to 50 points, highlighting the emphasis on practical legal achievements.
• Transparency and Objectivity: The guidelines aim to ensure that the selection process is transparent, objective, and based on merit, reducing the scope for subjective judgments.

Significance ●Enhancing Meritocracy: The revised regulations focus on merit and tangible achievements rather than age alone. This shift allows for a more dynamic and diverse group of Senior Advocates, reflecting the evolving landscape of the legal profession. ●Increased Transparency: By clearly outlining the criteria and process, the new regulations enhance transparency. Lawyers can better understand what is required to attain the Senior Advocate title, making the process fairer and more accessible. ●Flexibility for Diverse Legal Careers: The provision for candidates with combined experience in law and judicial roles acknowledges the diverse career paths within the legal field. This flexibility recognizes the valuable contributions of lawyers with extensive experience in specialized areas or tribunals.

 Conclusion

• The Senior Advocate designation is a prestigious acknowledgement of an advocate’s excellence and contribution to the legal profession. The evolution of the designation process from an informal to a structured and transparent system reflects the ongoing efforts to maintain the integrity and merit of the legal profession.

 Source:

Indian Express

Indian Express

PRACTICE QUESTION Q. What is the role of a vakalatnama in the Indian legal system? A) To provide a legal defence strategy for the client. B) To authorize a lawyer to represent a client in legal proceedings. C) To establish the legal rights of a client in a settlement agreement. D) To serve as evidence in criminal investigations.   Answer: B