‘Not flawless’: SC removes point-based system for senior advocates designation

As per the points-based system laid down by the top court in 2017, all matters relating to designation were to be dealt with by a Permanent Committee to be known as “Committee for Designation of Senior Advocates”.

The Permanent Committee was to be headed by the CJI for SC and Chief Justice for HCs. It would include two most senior judges of the SC or HCs, as the case may be. In case of SC, the committee would also include the Attorney General for India and Advocate General of state for HCs.

The committee had to evaluate the lawyers by giving them points based on number of years of practise, reported judgments, publications in journals and interview.

In its judgment Tuesday, the SC termed this “not workable”. It said the point-based assessment “has not achieved the desired objectives. Moreover, the experience shows that the points-based assessment is not flawless. We have realised that with experience.”

The SC, however, said that the Permanent Secretariat put in place for the Permanent Committee as per the 2017 judgment will continue. Under the fresh guidelines, applications of all candidates found eligible by the permanent secretariat, along with documents submitted by the applicants, shall be placed before the full court.

The bench said that an endeavour should be made to strike a consensus, and if that is not possible, the decision-making shall be done by a democratic method of voting. The bench left it to the respective courts to decide if a secret ballot is necessary in a given case.

The judgment said its previous direction fixing a minimum qualification of 10 years of practice for being considered for senior designation need not be reconsidered. It added that advocates can continue to make applications for being considered, as it can be treated as their consent for the designation. The ruling also said that the full court may confer the designation even without an application being made. It added that individual judges cannot recommend a candidate for designation.

The Supreme Court had laid down rules for designations in judgments in 2017 and 2023. However, while hearing a matter regarding remission, the apex court took exception to the conduct of a lawyer, who had become a senior, and decided that the senior designation rules be made more foolproof.