The Supreme Court on Tuesday observed that Senior designations cannot remain the monopoly of advocates practicing in High Courts and the top court..The Bench of Justices Abhay S Oka, Ujjal Bhuyan and SVN Bhatti emphasised that advocates practicing in trial and district courts cannot be treated as inferior to those practicing in the apex court and High Courts.It thus called upon the High Courts to evolve a mechanism by which lawyers practicing in the district Judiciary and before specialised tribunals can be considered for designation."This is also an essential part of diversity. The High Courts can always call for the views of the Principal District Judges or the Heads of the Tribunals on such applicants. Moreover, when the cases of the Advocates practicing in District Courts are considered, the views of the Guardian/Administrative Judges of the concerned District are always available," the Court said..The Court made these observations in its judgment dealing with certain concerns regarding the process of designation of Senior Advocates. Today, the Court issued fresh guidelines for designation of lawyers and also explained the qualities a lawyer must possess to be considered for designation. It particularly called for encouraging first-generation advocates and ensuring diversity in the process of designation..An advocate's knowledge in specialised branches of law like arbitration, insolvency and bankruptcy, company law, intellectual property law and tax laws is also a qualification for designation, the Court said."The designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court. If the designations are conferred only to the Advocates practicing in High Courts and this Court, Section 16(2) will be exposed to the vice of arbitrariness which is prohibited under Article 14 of the Constitution," it opined..Further, the Court stressed,"The Advocates practicing in Trial/District Courts may have extraordinary skills in drafting pleadings and conducting cross-examination. Considering the very object of the Advocates Act, we must note that an Advocate practicing in Trial and District Courts cannot be treated as inferior to an Advocate who practices in this Court or High Courts. Even such an Advocate can have ability, standing at the Bar, special knowledge or experience in law for designating as Senior Advocate."It stressed that advocates practicing in trial and district courts have as much ability, standing at the Bar and special knowledge and experience in law as those advocates practicing in the High Courts and the Supreme Court..[Read Judgment]
