Supreme Court Overhauls Senior Advocate Designation Process
In a significant judicial reform, the Supreme Court of India has abolished the point-based assessment method previously used for designating senior advocates. The Court has directed all High Courts across the country to amend or substitute their existing rules within four months to align with the new framework introduced by the apex bench.
Key Changes in the Designation Process
The bench, led by Justices Abhay S. Oka, Ujjal Bhuyan, and SVN Bhatti, clarified that the final authority to confer the designation of ‘Senior Advocate’ will now lie solely with the Full Court of the respective High Court or the Supreme Court. Applications from advocates, along with supporting documentation verified by a Permanent Secretariat, will be submitted to the Full Court for decision-making.
Consensus is to be encouraged when the Full Court deliberates, but in situations where unanimity is not possible, a democratic voting process must be followed. The High Courts have been given the discretion to use secret ballots if deemed appropriate.
The Court has further ruled that individual judges can no longer make personal recommendations for senior advocate designations. This move aims to reduce subjectivity and potential bias in the selection process. The existing requirement of ten years of practice for eligibility remains intact. Advocates are allowed to apply for the designation, and their application will serve as consent for consideration. However, the Full Court also holds the authority to designate an advocate suo motu, even without a formal application.
Timeline for Implementation and Transitional Measures
The Supreme Court has set a strict timeline, mandating that High Courts must frame new rules within four months. These new rules must replace the now-defunct point-based system and establish procedures consistent with the principles laid down by the apex court.
Importantly, the Court has allowed the continuation of ongoing designation processes that began under the previous guidelines, to prevent disruption. However, no new designation proceedings are to be initiated under the old rules moving forward.
This decision represents a decisive shift toward enhancing transparency, consistency, and institutional accountability in how senior advocates are recognized in the Indian judicial system. The ruling is expected to set a precedent for merit-based and impartial elevation of legal professionals, reinforcing the judiciary’s commitment to fairness and credibility.
