Chief Justice of India (CJI) DY Chandrachud on Saturday defended the current system for designating senior advocates, emphasizing that it helps create opportunities for lawyers striving to excel. His remarks came in response to recent criticism after the Supreme Court designated 39 lawyers as Senior Advocates in August.
The criticism included concerns about the exclusion of certain applicants and suggestions to revert to the previous system, which involved secret voting after full court deliberations. Addressing this, CJI Chandrachud clarified that the purpose of the current designation process is to provide a platform for lawyers to excel, rather than serving as a definitive measure of their excellence.
“We faced some critique about the Seniors we designated. I was told that some of the counsel we designated as Seniors are yet to gather work. I explained that the aim of this broader designation is to create a platform for others to excel. Of course, those designated have a certain level of work, but this system allows the bar to develop further. Not everyone may achieve excellence 10 or 15 years down the line, just as not every judge appointed to the district judiciary or High Court reaches the pinnacle of excellence,” he stated.
The CJI made these comments at the first International Supreme Court Advocates on Record (SCAORA) Legal Conference in Goa. He further highlighted that the present system aims to dismantle the perception that the senior advocate title is reserved for an exclusive “closed group” of individuals.
“The intention in designating Seniors has been to show the bar that the Supreme Court bar is open to growth and improvement, without the barrier of being a restricted group. This is especially aimed at encouraging lawyers across India, including women lawyers, to thrive,” the CJI explained.
The current process for designating Senior Advocates requires eligible lawyers to apply for the title, with their qualifications assessed based on a scoring system. This system was introduced in 2017 following the Supreme Court’s ruling in the Indira Jaising case, replacing the earlier method where the senior designation was granted through a secret vote by a full court.
A May 2023 judgment by Justice Sanjay Kishan Kaul clarified that “secret voting” could only be used in exceptional cases, not as the default procedure.
In August 2023, Solicitor General of India Tushar Mehta and Supreme Court Bar Association President Kapil Sibal met with CJI Chandrachud, suggesting a reevaluation of the point-based system introduced by the Indira Jaising ruling. They argued that since the designation of a lawyer as a Senior Advocate is an honor for their contributions, it might be inappropriate to require them to apply for it.
The proposal suggested that the Court could develop a new method involving recommendations from a panel of senior judges and bar members, who could nominate lawyers for the senior designation based on their contributions to the Court and jurisprudence. The final decision could then be made by the full court, after all judges have had an opportunity to observe the nominee’s performance.
