High Courts Must Consider Advocates Practising In Trial Courts & Tribunals For Senior Designation : Supreme Court

In the judgment discarding points-based system in the senior designation process, the Supreme Court emphasised that lawyers practicing in Trial and District Courts and before specialised Tribunals must be considered for designation as Senior Advocates.A bench of Justice Abhay Oka, Justice Ujjal Bhuyan, and Justice SVN Bhatti observed that their role is “no inferior” to the role played by Advocates practicing before the High Courts and the Supreme Court, and this inclusion is an essential part of ensuring diversity in the designation process.“When we talk of diversity, we must ensure that the High Courts evolve a mechanism by which the members of the Bar practicing in our Trial and District Judiciary and before specialised Tribunals are considered for designation as their role is no inferior to the role played by Advocates practicing before this Court and High Courts”, the Court stated.The Court suggested that High Courts can seek the views of Principal District Judges or Heads of Tribunals when considering the applications of such Advocates. It also noted that the views of the Guardian or Administrative Judges of the concerned District would be available in such cases.The Court agreed with the submissions made by Senior Advocate Indira Jaising on the need for greater inclusivity and diversity in the designation process. It observed, “Ms. Indira Jaising is absolutely correct when she candidly submitted that the designation cannot be the monopoly of the selected few. She submitted that diversity is of great deal of importance. All members of the Bar who belong to different classes must get equal opportunity in the matter of designation. It is important to encourage first generation Advocates.”The Court observed that designating only those practicing in the higher courts would render Section 16(2) arbitrary and potentially violative of Article 14 of the Constitution. "If the designations are conferred only to the Advocates practicing in High Courts and this Court, Section 16(2) will be exposed to the vice of arbitrariness which is prohibited under Article 14 of the Constitution. The Advocates practicing before Trial and District Courts or specialized Tribunals can possess qualification laid down in Section 16(2)", the Court said.The Court also said that the senior designation process must be objectively fair and guided, and to that end, at least one exercise of designation must be conducted every year.On the issue of eligibility criteria, the Court said that a condition of minimum income should not be introduced, as it would make the process non-inclusive. It noted that income is one of several factors to be considered. However, it upheld the requirement of a minimum of ten years of practice, stating that the standing at the Bar can be assessed only if an Advocate has practiced for a reasonably long time.The Court also recorded Jaising's argument that the practice of Senior Advocates using different gowns has no basis in the Advocates Act and therefore ought to be discontinued. However, it left the decision on this issue to the High Courts while framing their rules of the process of senior advocate designation.Case no. – Petition for Special Leave to Appeal (Crl.) No. 4299/2024Citation : 2025 LiveLaw (SC) 555Case Title – Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr.Click Here To Read/Download Judgment

High Courts Must Consider Advocates Practising In Trial Courts & Tribunals For Senior Designation : Supreme Court

Amisha Shrivastava

Designation cannot be the monopoly of the selected few, the Court stated.

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