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Indira Jaising’s petition seeking a transparent procedure for senior designations has got the Supreme Court Bar thinking. The Bar is now framing suggestions to be submitted to the Court for formulating a procedure for Senior designation.
The Attorney General Mukul Rohatgi has suggested the constitution of a Designation Committee composed exclusively of lawyers to scrutinize the applications for senior designations. This committee would then submit a note about each candidate to the court which will then take the process forward.
According to Rohatgi’s working draft, the Designation Committee shall consist of the Attorney General for India (or the Solicitor General in case the Attorney General is unavailable) and two eminent advocates. The two lawyers are to be nominated by the Attorney General for India (or Solicitor General in case the Attorney General is unavailable) in consultation with the President of the Supreme Court Bar Association and the President of Supreme Court Advocate on Record Association.
The Designation Committee would also deliberate upon the credentials of the applicants before submitting a note to the Supreme Court. The Court will deliberate upon each candidate giving due consideration to the note submitted by the Designation Committee.
The working draft also says that all applicants would be required to fulfill some basic threshold/ eligibility.
The following are Rohatgi’s suggestions.
i. Argued at least 25 cases in the Supreme Court in the last 3 years.
ii. Show contribution towards law in the form of academic achievements by way of articles, papers, books etc
iii. 18-20 years of practice.
The Attorney General has welcomed suggestions from the members of the Bar and the same should be sent to him by October 5.