The Supreme Court of India has geared up to conduct interviews for the senior designation of over 200 lawyers. Led by Chief Justice of India DY Chandrachud, the committee overseeing this process has shortlisted 200 out of 282 applications, marking a significant step in recognizing legal expertise and experience. The last time the Supreme Court conferred senior designations was in 2019, and this time, the process unfolds under modified guidelines instituted following the judgment in Indira Jaising v. Supreme Court of India on May 12, 2023.

In a morning announcement, Chief Justice DY Chandrachud highlighted the urgency of the interviews, necessitating the bench to rise early for this crucial task. The modified guidelines, stemming from the Indira Jaising judgment, bring notable changes to the criteria for senior designation eligibility. Lawyers who submitted applications in 2022 were required to reapply based on the updated guidelines issued in July of the previous year.

Composition of the Committee:

A Permanent Committee, known as the "Committee for Designation of Senior Advocates," will be responsible for all matters related to the designation. The committee consists of-

1. the Chief Justice of India as the Chairperson,

2. two senior-most Judges of the Supreme Court,

3. the Attorney General for India, and

4. a Bar member nominated by the Chairperson and other members.

Nomination Process:

The Chief Justice of India or any Supreme Court Judge may recommend an advocate for designation based on their expertise, standing at the Bar, or unique legal experience. The Secretariat of the Committee initiates the process by inviting applications from Advocates-on-Record/Advocates, published on the official website of the Supreme Court. Applicants must submit their applications in the prescribed format at least twenty-one days before the deadline.

Eligibility Criteria:

The criteria for Advocates to qualify for designation as Senior Advocates include the following-

(i) Having either:

1. a minimum of ten years' standing as an Advocate; or  

2. ten years' combined standing as an Advocate and as a District and Sessions Judge or as a Judicial Member of any Tribunal in India, meeting the eligibility criteria equivalent to that required for a District Judge appointment.

(ii) Primarily practicing in the Supreme Court. It's worth noting that Advocate-applicants specializing in particular domains and practicing before specialized Tribunals may receive concessions regarding their appearances in the Supreme Court.

(iii) Attaining the age of 45 years, unless the Committee relaxes the age limit, or the Chief Justice of India or a Judge of the Supreme Court recommends the individual's name.

Evaluation Process:

The Committee will evaluate each application by considering the provided data and conducting an overall assessment using a point-based format as outlined below:

• Number of years of practice:

• 10 points for 10 years of practice.

• 1 point for each additional year of practice, up to a maximum of 20 points.

• Judgments, Pro Bono Work, and Domain Expertise:

• 50 points for judgments reported and unreported (excluding orders not establishing legal principles).

• Recognition for pro bono work by the Advocate.

• Consideration of domain expertise in areas like constitutional law, Inter-State Water Disputes, Criminal law, Arbitration law, Corporate law, Family law, Human Rights, Public Interest Litigation, International law, and laws related to women.

• Publication of Academic Articles and Teaching Experience:

• Points awarded for the publication of academic articles.

• Recognition for teaching assignments in the field of law.

• Consideration for guest lectures delivered in law schools and professional institutions connected with law.

• Personality and Suitability Test:

• 25 points for a holistic assessment based on an interview to evaluate the applicant's personality and suitability.

 Shortlisting and Full Court Review:

The Committee may shortlist candidates for interviews, and all short-listed names are presented before the Full Court. Importantly, there is no secret ballot voting, except in exceptional situations, with all decisions recorded. Cases not favorably considered can be reviewed after two years, allowing advocates to reapply to a High Court for designation.

Former Chief Justices and Judges:

Former Chief Justices and Judges of the High Courts may request designation by submitting letters to the Committee, and their requests will be placed before the Full Court. However, those accepting full-time assignments will not be considered for designation during their tenure.

Final Decisions and Recalls:

The Full Court communicates its final decisions individually to all applicants. It also reserves the right to review its decision and recall the designation if an advocate is found guilty of conduct deemed disentitling by the Full Court, providing an opportunity for a hearing.

Interpretation and Chief Justice's Authority:

Any questions regarding the interpretation or application of these guidelines are referred to the Chief Justice of India, whose decision is final. The Chief Justice may issue directions for the removal of difficulties, ensuring the guidelines' smooth implementation.