Supreme Court frames new guidelines for designation of Senior Advocates; prescribes minimum age of 45 to apply for gown

The Supreme Court has published new guidelines to govern how lawyers would be appointed as Senior Advocates in the top Court, titled Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2023..These guidelines will supersede the earlier guidelines issued by the Court in 2018.Notably, the 2023 guidelines prescribe a minimum age of 45 years to apply for the senior gown. However, this restriction will not apply if the name has been recommended by the Chief Justice of India (CJI) or a judge of the Supreme Court. The age criterion may also be relaxed by the Supreme Court Committee that decides on senior designations. .The new guidelines have been framed two months after a three-judge bench of the Supreme Court passed its verdict in a related case. In the May 2023 judgment, the Court upheld the interview criteria followed by High Courts and the Supreme Court for designating lawyers as Senior Advocates but reduced the points given for the number of publications from 15 marks to 5. The new guidelines, therefore, has a revised point-system for evaluating candidates. The points accorded for academic publications have been reduced to 5. Moreover, along with publications, teaching experience would also be considered for evaluation. The number of points given for judgments has been increased from the earlier 40 to 50 points. .Further, opined in the May judgment, the new guidelines lay down that secret ballot voting should be resorted to only in exceptional cases. Highlights of the guidelines include the following. .Who decides? Matters relating to the designation of Senior Advocates will be dealt with by the Permanent Committee known as the Committee for Designation of Senior Advocates (Committee).This Committee will have 5 members, namely the Chief Justice of India (Chairperson), two senior-most Supreme Court judges, the Attorney General for India, and one member from the Bar who is nominated by the other members of the committee. The Committee will meet twice a year and have a permanent secretariat, whose members will be decided by the Chief Justice of India in consultation with the other members of the Committee. .Who are eligible to be conferred the senior gown?The following criteria have to be satisfied before a lawyer can be considered for being designated a Senior Advocate:Minimum years of practice: At least 10 years standing as an advocate or at least 10 years combined standing as an advocate and a District and Sessions Judge/ as a Judicial Member of any Tribunal whose eligibility criteria for appointment is not less than what is required for appointment as a District Judge.Area of practice: The candidate's practice should be mainly before the Supreme Court. However, applicant-advocates who have domain expertise and practice before specialised tribunals may be given a concession.Age: The candidate must at least be 45 years old unless the age limit is relaxed by the Committee, or if the name has been recommended by the Chief Justice of India or a Supreme Court judge.Former judges barred from applying if they are already engaged elsewhere: Former Chief Justices and former judges of the High Courts, who have accepted or consented to accept any full-time assignment will not be considered for designation as Senior Advocates as long as they hold that assignment..How will lawyers be conferred the senior gown?There are two modes envisioned under the guidelines:a) On recommendation: The Chief Justice of India or any Supreme Court judge can recommend, in writing, the name of any advocate to be conferred the senior gown, on an opinion that such advocate (who should practice mainly in the Supreme Court) should be designated a senior advocate on account of her/ his standing at the Bar or special knowledge or experience in law. b) On application: The secretariat of the Committee will initiate the senior designation process at least once a year by inviting applications from advocates or advocates-on-record. This would be published on the official Supreme Court website. Further, it would also be intimated to the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA). Former Chief Justices and former Judges of the High Courts may also, at any time, submit a letter of request to the Committee for designation, which would be placed before the Full Court. Applicants would have 21 days to submit applications.The secretariat will publish the proposals received for designation on the official website of the Supreme Court and invite suggestions/views of other stakeholders on the proposals for designation.15 days' time will be given to other stakeholders to give their suggestions or views on the proposed designation.The Committee will short list candidates for an interview round. The names of short listed candidates and names cleared by the Committee would be placed before the Full Court.There will be no voting by secret ballot save in an exceptional situations, for reasons to be recorded.The final decision of the Full Court will be communicated individually to all the applicants..Point-based system for evaluation of proposalsThe guidelines have laid down a point-based system to guide how candidates may be evaluated to decide on whether they should be designated as a Senior Advocate. This point-based system runs as follows:20 points for number of years of practice from date of enrolment: Of this 10 points would be for 10 years of practice, and 1 point is given in addition for every additional year of practice, subject to a maximum of 20 points. 50 points for judgments reported and unreported (excluding orders that do not lay down any principle of law): Aspects such as the pro bono work done by the advocate, and domain expertise (such as constitutional law, Inter-State Water Disputes, Criminal law, Arbitration law, Corporate law, Family law, Human Rights, Public Interest Litigation, International law, law relating to women) would be considered.5 points for the publication of academic articles, experience of teaching assignments in the field of law, guest lectures delivered in law schools and professional institutions connected with law. 25 points for the test of personality and suitability on the basis of interview for a holistic assessment of the applicant..Can candidates be reconsidered for designation?All cases which are not favourably considered by the Full Court shall be reviewed or reconsidered after two years. This will not prevent the advocate from making an application to a High Court for designation as a Senior Advocate.All cases deferred by the Full Court shall not be considered until the expiry of one year from the date of the decision of the Full Court. After the expiry of the period, the advocate may apply afresh. The Full Court may review its decision to designate a person as a Senior Advocate and recall the conferment of designation if the advocate is found guilty of conduct that the Full Court feels would disentitle such advocate from being designated a Senior Advocate. .[Read Guidelines]