Breaking: Senior Designations challenge referred to larger Bench [Read order]

One year and nine months after a petition was filed by Senior Advocate Indira Jaising, the Supreme Court today decided that the challenge to the Senior Designation process should be heard by a larger Bench..A Division Bench of Justices Ranjan Gogoi and Navin Sinha heard the parties before ordering that the matter be placed before the Chief Justice so that he can constitute an appropriate Bench to hear the case..Jaising had filed the petition in 2015 seeking guidelines for designating lawyers as Senior Advocates. In her petition, Jaising had questioned the discrimination meted out to capable advocates when it comes to “giving them the gown”. She had alleged violation of Article 14 and 15 by the Supreme Court in the procedure followed for designating lawyers as Senior Advocates..She also contended that the method of designation by vote leads to unhealthy lobbying with judges and victimizes ethical lawyers who do not lobby. Further, in her petition, she took a dig at the current crop of Seniors who hold sway over the Supreme Court practice, alleging that lack of transparency has led to a monopoly of a few Senior Advocates at the Bar..Today’s hearing witnessed a discussion on two important aspects:.Whether Bar Associations of various High Courts should be impleaded in the case?.Whether the status quo ordered on Senior Designations in Supreme Court should continue?.Jaising, appearing in-person, contended that calling all Bar Associations would make the process unending and that it is sufficient that Registrar Generals of High Courts are made parties. She submitted that Bar Associations could submit their views to the Registrar General of High Court through the Advocate General of the concerned State..Regarding the designations in the interim, Jaising submitted that they should not be allowed..Supreme Court Bar Association, through Senior Advocate Ajit Kumar Sinha and Advocate Gaurav Bhatia, argued that Bar associations of high courts should be called upon to present their views. They also batted for continuing Senior Designations in the interim as per the current process..Interestingly, Bar Association of India also intervened in the matter. Senior Advocate Shyam Divan, appearing for the Association, pressed for removing the stay on Senior Designations. He said,.“Entire process has been stalled for more than a year and a half. Many junior lawyers are anxious because the tenure of Supreme Court judges is very short.”.The Court, after hearing out the parties, decided that the issue needs to be considered by a larger Bench. It therefore ordered that the case be placed before the Chief Justice of India to constitute an appropriate Bench to hear the case..“The issue being of vital importance, we are of the view that the matter should be heard by a larger bench. We, therefore, request the Registry of this Court to lay the papers of this case before the Hon’ble the Chief Justice of India forthwith for constitution of a larger bench of such strength that the Hon’ble the Chief Justice of India may consider it appropriate.”.The Court also noted in its order that since it’s decision in the case could have wide ramifications, Bar Associations of high courts across the country should be heard..“Having regard to the issues arising in the present group of cases we are of the view that the decision of this Court on the said issues may have effect on the process and procedure of designation of Senior Advocate(s) by the High Courts in the country, apart from the Supreme Court of India. We are, therefore, of the tentative view that it is necessary to hear other stake holders. Furthermore, it is also necessary to know the precise guidelines that are in force in different High Courts for designation of Senior Advocates”.Importantly, answering the question on whether designations should be made in the interim, the Court said that it is leaving the same to the discretion of High Courts and the Supreme Court..“So far as the designation during the interregnum is concerned, we leave the matter to the discretion of the High Court(s) as well as this Court.”.Read the order below.