Fix timelines for Senior Advocate designation process: Madhya Pradesh Bar Council Chairperson writes to CJI, Acting CJ of MP High Court

The Madhya Pradesh Bar Council has registered grievance over the severe delays in the process of designation of Senior Advocates, adding that there is a disproportionately low number of designated Senior Counsel in the State when compared to the overall strength of the Bar. .A letter raising these issues was addressed by the Bar Council Chairperson, Dr. Vijay Choudhary to the Chief Justice of India, SA Bobde and Acting Chief Justice of the Madhya Pradesh High Court, Justice Sanjay Yadav..Out of approximately 90,000 practicing and registered advocates, barely 40-45 are designated Senior Advocates who are active in the courts of Madhya Pradesh, the letter said. It added that ideally, at least 0.25% of the strength of advocates should be Senior Advocates, "which comes to minimum of around 225 to 250 across the state.".It was further pointed out that the presence of Senior Advocates would aid the efficient functioning of the High Court as well as subordinate courts. .There are reputed practitioners serving in various districts who hold the requisite expertise but are yet to be considered for Senior designation, the Chairman further noted. "Their inclusion must also be given a priority which it deserves", he added..Further, the letter noted that,."As designation process is not taking place frequently and is inherently uncertain, the standard of the Bar is fast deteriorating. This also adversely affects the morale of the lawyers who are performing well in the Courts and meet prerequisites for the designation but are not designated timely due to untimeliness in the process. It is the overall merit, competence, commitment and sincerity to one’s profession which are the real casualty when the whole process is completely indefinite, unplanned and uncertain in nature.".The delays in the designation process has been attributed to several reasons, including the absence of timelines for the conclusion of the process. Applications are put on hold without any reasons for over a year at times, it was observed. In Madhya Pradesh, the process of designation is infrequent and uncertain, the letter further claimed..In this backdrop, the following suggestions were made by the Madhya Pradesh Bar Council, through its chairman:It is necessary to lay down fixed timelines and schedules for the various stages involved in the Senior Advocate designation process. This process should be undertaken every year regularly and concluded within 6 months.Either the Office Bearer or any Member nominated by State Bar Council should be made a part of Permanent Committee responsible for designating Senior Advocates.One office-bearer (President) of High Court Bar Association may also be given a seat in the Permanent Committee.Unrecognised Bar Associations, which are functioning merely as registered societies, but are not affiliated with the State Bar Council, must not be given any role in Permanent Committee.Given that the designations allowed every year may not be more than 10-15 in one go, the rejected cases ought to be reconsidered and reviewed every 2 years. Thereby, the advocates whose applications are rejected continue to be motivated to work harder. This practice was specifically directed by the Supreme Court in the Indira Jaising judgment as well..The letter said that if timelines are prepared for carrying out the process of Senior designations, it would also help in maintaining the independence of the Bar and the dignity of the Bench. It is necessary for the overall development of the legal intellect in the Bar, the letter stated.It, therefore, called for introduction of suitable amendments to the Senior Designation Rules, 2018 framed by the Madhya Pradesh High Court, so that the issues raised may be resolved. .[Read Letter]