The administration department of the apex court of India published the guidelines for the designation of the senior lawyer as per the petition filed by the Senior Advocate Indira Jaising. It is called” “Supreme Court Guidelines to Regulate Conferment of Designation of Senior Advocates, 2018”.This guideline gives more strength to the “Committee for Designation of Senior Advocates”.
Members of this Committee Includes
Chief Justice of India
Two Senior Most SC judges
AG of India
A member from Bar.
A lawyer approach the SC to seek the clarification on the subject that, if any lawyer who is a member of the District Court but not practicing in the High Court, is he/she considered for the Senior Advocate position in SC. But the SC told him to first approach the HC, then after considers the case.
After this, the advocate named Debasish Roy approach the HC of Calcutta, and the bench enquired to the administration department that is any High Court or SC elevate any advocate as a senior advocate from the district court. This petition was very useful to lawyers in India.
This case was considered by Justice IP Mukherjee and Amrita Sinha.
The petitioner needs the clarifications in Section 11 and 16 of the Advocate Act. He argued that the SC /HC do not ban the section 16 of Advocate Act 1961.
Some other questions that he includes in the petition are given below.
“Why should the Legal Services Authority be asked to collect information regard as pro bono work under paragraph 14 (c) of the guidelines, when its panel lawyers are paid fees by the State to appear for the authority?
Why should there be discretion left with the committee to relax the benchmark under guideline (20) which might result in favouritism to some candidates.”
Senior and other advocates.—
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
(2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability 1[standing at the Bar or special knowledge or experience in law] he is deserving of such distinction.
(3) Senior advocates shall, in the matter of their practice, be subject to such restrictions as the Bar Council of India may, in the interest of the legal profession, prescribe.
(4) An advocate of the Supreme Court who was a senior advocate of that Court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate: 2[Provided that where any such senior advocate makes an application before the 31st December 1965 to the Bar Council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the Bar Council may grant the application and the roll shall be altered accordingly.]
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