How is Senior Advocate status granted ? Analysis of the complete Process and Eligibility | ProAdvocate | New Delhi |

 How is Senior Advocate status granted? – Analysis of the complete process and eligibility | ProAdvocate | New Delhi

The Supreme Court of India has reformed the process of nominating Senior Advocates in the case of Indira Jaising vs Supreme Court of India and others. The new system ensures fairness, transparency, and objectivity.

The purpose of this system is to eliminate the old arbitrary methods and establish a streamlined mechanism. This article gives a simple analysis of the qualifications required to get the status of Senior Advocate and the complete process.

Qualification and Eligibility

As per Section 16 of the Advocates Act, 1961, an advocate can be designated as a Senior Advocate by the High Court or the Supreme Court on the basis of his legal ability, standing at the Bar and special knowledge or experience in law.

The consent of the advocate is required for this nomination because after becoming a senior advocate, certain restrictions are imposed on their functioning.

Under these limitations, senior advocates cannot directly file cases nor can they directly contact the clients. They always have to work with a junior advocate or advocate-on-record.

This status is given not only on the basis of experience, but also on the basis of the advocate's expertise, contribution to the legal field and public service. Pro Bono work and legal publications are also given importance in this evaluation.

New Procedure for Designation of Senior Advocate

The Supreme Court has constituted a Selection Committee to make this process transparent and uniform. This committee evaluates the nomination and recommends the names of the candidates.

This committee is chaired by the Chief Justice of India and consists of two senior judges of the Supreme Court, the Attorney General of India, and the President of the Supreme Court Bar Association.

The composition of this multi-member committee ensures fairness and balance in the selection process.

The process begins with the candidates submitting their own applications or on the recommendation of judges and members of the bar. After this, the selection committee reviews all the applications and gives scores to the candidates under the Point-Based Evaluation System, which ensures fairness.

Point-Based Evaluation System

In this system, candidates are given a total score of 100 marks. This score is determined on the basis of various parameters. Professional Competence has been given the highest importance, for which up to 40 marks are given.

Integrity and Reputation carry 25 marks, while legal publications and scholarly contributions carry 15 marks each.

Public service and pro bono work carry 10 marks each. The remaining 10 marks are awarded for advocacy in special areas (e.g., constitutional law or public interest litigation).

The selection committee may also interview candidates to better assess their qualifications and skills. In addition, judges and legal experts may provide feedback or confidential references about candidates, making the assessment more comprehensive.

Final Decision by the Full Court

The list of candidates shortlisted by the selection committee is placed before the Full Court. The Full Court comprises all the judges of the Supreme Court, who take the final decision through secret voting. If a candidate gets majority then he is given the status of Senior Advocate.

This voting process ensures that the decision is made democratically and on the basis of fairness.

Restrictions on Senior Advocates

The following restrictions apply after becoming a Senior Advocate:

1. They cannot file Vakalatnama and cannot represent clients directly.

2. They are required to appear in court with an Advocate-on-Record or a Junior Advocate.

3. They cannot draft petitions or documents, but can finalize documents in consultation with a Junior Advocate.

4. They cannot receive case information or instructions directly from a client.

These limitations ensure that Senior Advocates focus only on complex legal arguments and strategies and guide Junior Advocates.

Variations Across High Courts

However The Supreme Court has implemented a uniform process, but some minor variations exist in different High Courts. For example, to apply in the Calcutta High Court, the candidate must be at least 40 years of age and have 15 years of legal experience.

At the same time, this age limit has been kept at 45 years in the Tripura High Court. Some High Courts also ensure that the candidates are residents of the same state and their annual income is above a certain limit. However, the main principle in all courts is that the selection is based on merit and fairness.

This reform in the nomination process of Senior Advocates by the Supreme Court eliminates the old arbitrary processes. Arrangements like Selection Committee, marks-based assessment and secret ballot by the full court make this process fair and transparent. This new framework not only brings the Indian judicial system in line with global standards, but also strengthens public confidence in the legal field.