New guidelines for designation of senior advocates in the SC: What they say

The new guidelines prescribe the minimum age as 45 years to apply for the ‘senior advocate’ designation. This age limit may, however, be relaxed by the Committee, the Chief Justice of India, or a Supreme Court judge if they have recommended an advocate’s name. The new guidelines prescribe the minimum age as 45 years to apply for the ‘senior advocate’ designation. This age limit may, however, be relaxed by the Committee, the Chief Justice of India, or a Supreme Court judge if they have recommended an advocate’s name. (Wikimedia Commons) The Supreme Court has published new guidelines for the designation of senior advocates practicing mainly in the Apex Court. These guidelines come after the May 12 ruling delivered by a three-judge bench led by Justice SK Kaul in a case seeking modification in the conferment of ‘senior advocate’ designation guidelines rendered in a 2017 SC ruling. In doing so, the Bench, also comprising Justices Ahsanuddin Amanullah and Aravind Kumar, replaced the guidelines issued by the top court in 2018, in the aftermath of its 2017 ruling in Indira Jaisingh v. Union of India. The new guidelines prescribe the minimum age as 45 years to apply for the ‘senior advocate’ designation. This age limit may, however, be relaxed by the Committee, the Chief Justice of India, or a Supreme Court judge if they have recommended an advocate’s name. However, no minimum age was prescribed under the 2017 guidelines or even the May 12 SC ruling, which said that “although designations in the Supreme Court in comparison to High Courts have usually taken place at the age of 45 plus, younger advocates have also been designated,” while leaving the final decision in the hands of the Permanent Committee and the Full Court. Although the 2017 guidelines say that the CJI along with “any judge” can recommend an advocate’s name for designation, the 2023 guidelines specify that the CJI along with “any Judge of the Supreme Court” may recommend in writing the name of an advocate for designation. Previously, the guidelines stated that 15 marks were set aside for publications. However, keeping in line with the May 12 ruling, the new guidelines state that only 5 marks will be given for “publication of academic articles, experience of teaching assignments in the field of law,” and “guest lectures delivered in law schools and professional institutions connected with law” combined.

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