Supreme Court notifies new guidelines for Senior Advocate Designation; scraps points system, interviews

The Supreme Court of India has notified new guidelines for the designation of Senior Advocates..Titled 'Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2026', the new guidelines will replace the 2023 version in line with the Supreme Court's judgment in Jitender @ Kalla v. State of NCT of Delhi.The same was approved by the Chief Justice of India and all judges of the Supreme Court at a full court meeting held on February 10. The earlier process put in place by the Supreme Court pursuant to the top court's 2017 judgment in the case of Indira Jaising v. Supreme Court involved the following points system:Years of practice (10 points for 10 to 20 years of practice and 20 points for practice beyond 20 years)Judgments, reported and unreported (40 points)Publications (15 points)Personality/Suitability on the basis of interaction/ interview (25 points)It also involved an interview by a Permanent Committee comprising the Chief Justice, two senior-most judges (of the Supreme Court or High Court as the case may be), Attorney General/Advocate General (as the case may be) and an eminent member of the Bar nominated by the aforesaid four members.Under the new guidelines, the composition of the committee has been changed to limit it to the Chief Justice and two senior-most judges. Pertinently, the points system and the interview round have been done away with completely. .Permanent Committee: All matters relating to the designation of Senior Advocates in the Supreme Court of India will be dealt with by a permanent committee called the “Committee for Designation of Senior Advocates”. It will consist of the Chief Justice of India as Chairperson and the two senior-most judges of the Supreme Court. Annual process: The process for designation of Senior Advocates will be initiated at least once every year by inviting applications. Minimum 21 days to apply: At least twenty-one days' time will be given to applicants to submit their applications online or in any other manner deemed appropriate by the competent authority. Eligibility: Advocates must have at least 10 years' standing as an advocate or ten years' combined standing as an advocate and as a District and Sessions Judge or as a Judicial Member of any tribunal in India whose qualification for eligibility for such appointment is not less than that prescribed for appointment as a District Judge;They must practice mainly in the Supreme Court (concessions maybe granted for advocates having domain expertise practicing before specialised tribunals); Applicants must be at least 45 years old unless the age limit is relaxed by the full court;The application must not have been rejected by the Supreme Court or any High Court in the preceding 2 years or deferred in a preceding 1 year.Stakeholder suggestions: The proposals received for designation will be published on the official website of the Supreme Court, and suggestions/views of other stakeholders will be invitedDesignation without application: The full court may also designate an advocate even if they have not applied applied, subject to their consent..Criteria for designation:The full court will examine each application considering the following factors: Ability: Sound knowledge of law, advocacy skills, writing articles on the law, ability to critique judicial decisionsStanding at the Bar: Fairness while conducting cases, behaviour with judges and other lawyers, professional ethics, mentorship of junior advocates, pro bono work, etc.Special Knowledge of law: Expertise in particular branches of law such as Arbitration, Insolvency and Bankruptcy, Company Law, Intellectual Property Law, Tax Laws, etc.No criminal antecedents: No conviction by any court of law for offence involving moral turpitude or contempt of court and no punishment by State Bar Council or Bar Council of India for any misconduct. .Decision by consensus/majority: Decision making will be by consensus of the full court. If that is not possible, the decision will be made on the basis of majority view. Voting by secret ballot will be resorted to in an exceptional situation, for reasons to be recorded.Designation of former judges: Former Chief Justices and former judges of the High Courts may at any time submit a letter of request to the Committee for designation as Senior AdvocatesReview of rejected cases: All cases which are not favourably considered by the full court shall be reviewed/reconsidered after the expiry of two years from the date of the decision of the Full Court.Removal of Senior designation: Conferment of designation can be recalled if an advocate is found guilty of conduct which according to the full court disentitles him to designation..[Read Guidelines].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.