In a recent letter addressed to the Chief Justice of India, the President of the Supreme Court Bar Association (SCBA), Dr. Adish C Aggarwala, Senior Advocate, has called on the Supreme Court to adopt a "liberal approach" in the forthcoming selection process for conferring the title of Senior Advocate. Notably, this selection round follows a four-year hiatus and is only the second such process to have occurred in the past eight years.

Highlighting the extended gap between designation processes, the SCBA has put forth a request for the Court to be "liberal in designating meritorious and deserving candidates." 

The letter acknowledges that due to the infrequent nature of these selections, a considerable number of 355 advocates have submitted applications for the current round. In this context, the SCBA's letter urges the Chief Justice not to let the high number of applications deter the consideration of candidates based on merit and worthiness.

The correspondence also points out that the Supreme Court, in the case of Indira Jaising v. Supreme Court of India, had altered the selection procedure and criteria for Senior Advocate designation. While the Court had previously imposed a ceiling of 45 years for candidates applying for this distinction, the modification recognized the potential of "exceptional" young advocates to be designated under this age threshold. Given that the amendment to this criterion was made relatively recently, in May 2023, the SCBA advocates for its broad interpretation in the ongoing selection process.

The letter underscores the delays and modifications in the designation procedure due to factors such as the COVID-19 pandemic and legal challenges. Despite a previous attempt at the process in 2015, which was later challenged, the selection process was successfully reintroduced in 2018 and concluded in 2019. However, the subsequent delay caused by the pandemic resulted in a four-year hiatus before the current selection began on February 25, 2022.

The SCBA President's letter emphasizes the importance of ensuring representation for litigants from diverse backgrounds in the Supreme Court. It argues that a sufficient number of deserving Senior Advocates should be designated to provide a voice for those with limited resources. Restricting designations, the letter warns, could lead to increased costs and limited accessibility for average litigants, which goes against the principle of ensuring access to justice.

Additionally, the letter draws attention to a recent decision of the Supreme Court, wherein lawyers with a decade of experience were deemed eligible for appointments to consumer commissions. In light of this, the SCBA suggests that if such lawyers can assume roles involving judicial functions, they should also be eligible for Senior Advocate designation, as both roles are integral to the legal system.

As the Supreme Court prepares to embark on this rare designation process, the plea from the SCBA for a "liberal approach" seeks to ensure fairness, inclusivity, and a representation of diverse legal voices in the apex court.