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The Supreme Court of India has raised serious concerns regarding the current methodology employed in designating lawyers as Senior Advocates. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan highlighted significant shortcomings in the process, ultimately referring the matter to the Chief Justice of India, Sanjiv Khanna, for consideration of whether a larger bench should be convened to comprehensively address these issues. The primary concern centers around the brevity of the interview process, which currently constitutes a substantial portion of the overall assessment. The court questioned the sufficiency of a few minutes to accurately evaluate a candidate's personality and suitability for the prestigious title of Senior Advocate, particularly given that 25 out of 100 points in the evaluation are allocated to this interview. This raises concerns about the fairness and comprehensiveness of the selection procedure and whether it truly reflects the multifaceted qualities and experience required for such a distinguished legal designation.
The court's reservations are not entirely unprecedented. While acknowledging two previously binding decisions concerning the appointment process (implied to be the Indira Jaising case), the justices emphasized that their concerns were not intended as a challenge to these rulings. Instead, their aim was to provide the Chief Justice with the necessary information to determine whether a more extensive review by a larger bench is warranted. This cautious approach underscores the court's awareness of the established legal precedents while simultaneously expressing a need for critical reevaluation of a process deemed flawed. The judges explicitly stated that no advocate can unilaterally apply for the designation of Senior Advocate; it is a privilege exclusively granted by the Supreme Court or High Courts, contingent upon the lawyer's consent. This inherent power imbalance highlights the importance of ensuring a fair and transparent process in order to maintain public trust in the integrity of the legal profession.
A crucial element of the court's critique focuses on the methodology employed by the Permanent Committee responsible for evaluating candidates. The court noted that the committee's assessment is solely based on a point-based formula, with no alternative mechanisms for holistic evaluation. This rigid adherence to a numerical system, without allowance for qualitative assessment of attributes like leadership, integrity, and contribution to jurisprudence, raises questions about the potential for overlooking crucial elements of a candidate's profile. The court further emphasized the undeniable necessity for integrity and fairness in Senior Advocates. It logically argued that any advocate lacking these qualities is unqualified for the designation. The concern extended to the practical challenge of handling cases where complaints regarding disciplinary matters are pending against candidates before bar councils. The question posed by the court: How can the Permanent Committee effectively assess the suitability of advocates with pending disciplinary actions? This highlights a critical oversight in the current system, leaving room for potential conflicts of interest and a lack of due process.
The referral of the matter to the Chief Justice of India represents a significant step. It suggests a willingness within the Supreme Court to address these concerns transparently and thoroughly. The potential formation of a larger bench signifies a commitment to a comprehensive review of the Senior Advocate designation process. The outcome of this review will have far-reaching implications for the legal profession in India, impacting not only the selection of Senior Advocates but also public perception of fairness, transparency, and impartiality within the judicial system. The discussions arising from this referral will likely involve a careful examination of the point-based system, a consideration of alternative assessment methods that can incorporate qualitative factors, and potentially the establishment of clearer protocols for handling cases involving advocates with pending disciplinary actions. The ultimate goal is to refine the process, ensuring that it aligns with the highest standards of fairness, and upholds the integrity and prestige of the Senior Advocate designation.
Source: Supreme Court raises concerns over senior lawyer designation process; refers matter to CJI