Supreme Court Notifies New Senior Designation Guidelines; Point System & Interview Discarded

The Supreme Court has notified the “Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2026”, replacing the 2023 Guidelines in terms of the Court's decision dated May 13, 2025 in Jitender @ Kalla vs. State (Govt. of NCT of Delhi) and Anr. (2025 INSC 667).In Jitender@Kalla, the Supreme Court had disapproved of designating senior advocates on the basis of point-system and interviews, holding that it was unworkable. The point-system, based on parameters like years of practice, reported judgments, publications etc., were evolved to make the system more objective in terms of the directions in the Indira Jaising I and Indira Jaising II cases.The new Guidelines were approved in a Full Court Meeting held on February 10, 2026 by the Chief Justice of India and the Judges of the Supreme Court.Permanent Committee To Oversee DesignationUnder the 2026 framework, all matters relating to designation of Senior Advocates will be dealt with by a Permanent Committee known as the “Committee for Designation of Senior Advocates”.The Committee will comprise:Chief Justice of India as ChairpersonTwo senior-most Judges of the Supreme Court as MembersThe Committee will meet as required and will function with the assistance of a Permanent Secretariat. The composition of the Secretariat will be decided by the Chief Justice of India in consultation with the members of the Committee.Annual Invitation Of ApplicationsThe Secretariat is required to initiate the designation process at least once every year by inviting applications from advocates. The notice inviting applications will be published on the official website of the Supreme Court. Intimation will also be given to the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association.Applicants will be given at least 21 days to submit applications online in the prescribed format.After receiving applications, the Secretariat will compile data relating to the reputation, conduct and integrity of the concerned advocates, including information furnished in the application forms. Proposals received will be published on the official website, and at least 15 days will be given to stakeholders to submit suggestions or views.Eligibility ConditionsThe Guidelines prescribe the following eligibility criteria:At least 10 years' standing as an advocate, or 10 years' combined standing as an advocate and as a District and Sessions Judge or Judicial Member of a Tribunal, where eligibility for such post is not lower than that prescribed for appointment as a District Judge.Practice mainly in the Supreme Court. However, advocates with domain expertise before specialised tribunals may be given concession regarding the extent of Supreme Court appearances.Minimum age of 45 years, unless relaxed by the Full Court.The applicant's request for designation must not have been rejected within the previous two years or deferred within the previous one year by the Supreme Court or any High Court.The Guidelines also stipulate that an advocate must have no criminal antecedents and must not have been convicted for offences involving moral turpitude, contempt of court, or punished for professional misconduct by a State Bar Council or the Bar Council of India.Criteria For AssessmentThe Full Court will assess each eligible application on the basis of:Ability:Sound knowledge of law, advocacy skills, legal writing, publication of articles and commentaries, and capacity to rationally critique judicial decisions.Standing at the Bar:Illustrative factors include fairness in court, respectful conduct towards judges and members of the Bar, maintenance of decorum, adherence to professional ethics, mentorship of juniors, pro bono work, reputation within the legal fraternity, honesty and integrity.Special Knowledge or Experience in Law:Expertise in specific branches such as Arbitration, Insolvency and Bankruptcy, Company Law, Intellectual Property, Taxation, among others.Decision-Making ProcessAll eligible applications will be placed before the Full Court. Designation decisions are to be made by consensus, and if consensus is not possible, by majority. Secret ballot may be resorted to only in exceptional situations, with reasons to be recorded.The Full Court may also designate an advocate even if he or she has not applied, subject to consent.Applications that are not favourably considered will be eligible for review after two years. Deferred cases will not be reconsidered for one year. Fresh applications may thereafter be submitted in accordance with the procedure in force at that time.The final decision will be communicated individually to all applicants.Provisions For Former High Court JudgesThe Guidelines also provide a separate mechanism for former Chief Justices and Judges of High Courts to seek designation as Senior Advocates through a request-cum-consent letter in the prescribed format.However, former judges who have accepted any full-time post-retirement assignment will not be...

Supreme Court Notifies New Senior Designation Guidelines; Point System & Interview Discarded

LIVELAW NEWS NETWORK

Tags