DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRSTHA, SABBAVARAM

SUBJECT: PROFESSIONAL ETHICS

TOPIC: DESIGNATION OF SENIOR ADVOCATES

FACULTY: POOSARLA BAYOLA KIRAN

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 ACKNOWLEDGEMENT

I deem it great pleasure to express my immense gratitude to our Assistant

Professor Bayola Kiran sir for providing me with this opportunity & for his
meticulous support in completion of the project.

Date:

Place:

SHRUTI YADAV

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CONTENTS
INTRODUCTION
LEGAL PROFESSION
SENIOR ADVOCATES
WHO ARE SENIOR ADVOCATES & JUNIOR ADVOCATES
ADVOCATES ACT 1961 FOR SENIOR ADVOCATES
BCI RULES GOVERNING ADVOCATES
JIST OF INDIRA JAISING V SUPREME CLOURT OF INDIA
SC TAKE NOTICES TO WHAT IS THE PRACTICE THAT PREVAILS IN
SOME OTHER JURISDICTIONS IN INTERNATIONAL CONTEXT.
HISTORY ON EMERGENCE OF SENIOR ADVOCATE & LEGAL
PROFESSION IN INDIA
PROCEDURE LAID DOWN IN HIGH COURTS
CASES WITH REFERENCE TO DESIGNATION OF SENIOR ADVOCATES
COMMITTEE FOR DESIGNATION OF ADVOCATES
CONCLUSION

ABBREVIATIONS

Supreme Court SC
High Court HC
Senior Advocate S.A.
Chief Justice C.J.
Bar Council of India BCI
Bar Council BC

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INTRODUCTION

LEGAL PROFESSION1

The history of our own independence movement, if impartially written, will devote
more pages to advocates than to the votaries of any other vocation. It is well accepted
proposition that the Profession of Law is a noble calling & the members of the Legal
Profession occupy a very high status. The people of India regard advocates as
guardians of their freedom & their rights. The legal profession has to crusade against
injustice & exploitation & at the same time assist in promoting changes &
development in the law, to benefit the poor & the deprived.

The responsibility is heavy, because advocates have to contribute not only to their
purse , of course they have to for their survival but more so to the happiness of the
mankind & ‘the other people’ in the nation. One role of the advocate in a common law
system is to be a balance wheel & a reconciler. He must be more than simply a skilled
legal mechanic. In a larger sense he must also be a legal architect, engineer, & builder
&, from time to time, an inventor as well. 2

SENIOR ADVOCATES 3

Section 16 of the Advocates Act, 1961 talks that there would be 2 classes of
supporters as senior promoters & different backers. A supporter alongside his assent,

1 http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf

2 https://www.legallyindia.com/forum/2-law-firms-chat/304-senior-counsel-status

3 https://www.livelaw.in/sc-finally-notifies-guidelines-to-regulate-designation-of-senior-advocates-read-
the-guidelines/

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might be delegated as senior backer if the SC or a HC is of that conviction that by his
capacity, he is merits such refinement. In Democratic Bar Association v. High
Court of Judicature at Allahabad4 it was held that WP filed by Association of
Advocates & the Advocates practising in the HC of Allahabad questioning the legality
of the rules for designation of Senior Advocates was maintainable.

A advocate should possess:

Coordinated effort: Advocate ought to be Capable or ready to demonstrate their
ability to multi-party workplace & this procedure demonstrates their ability of
functioning admirably in a group .

Time the board: Law directions diligent work & diligent work needs time & with
that it additionally needs to treat their work, task & likewise delegate the work.

Certainty increase: Personal & expert certainty ought to be picked up to turn into a
senior backer as breaking down intensity of their choice time, preferences &
weaknesses ought to be high. Certainty can be seen inside themselves & it
characterize them .

Mindfulness to detail: While drafting any paper, lose of single word can change over
the importance of the sentence. A promoter must have an exact methodology towards
their work. Any misstep application can prompt dismissal of your application.

Involvement in past : Experience talks with their training knowledge comes. It is one
of the qualities that a senior backer has & through this experience a supporter can deal

4AIR 2000 All 300

2000 3 AWC 2383A

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with every one of the cases, conditions & even all the undesirable circumstances. His
taking care of intensity winds up protuberant with correlation with others.

Coherent Thinking & work : A best promoter dependably keeps his own life
separate from expert life & they are not enthusiastic. In spite of the fact that they have
to make sense of the sentiments of the other individual & secure their issues. This
quality is zenth vital to their identity. Their capacity is checked when you can think in
any conditions or circumstances without counseling their partners & the present that
case to support you in a sensible or legitimate way to win your case.

Keeping Self control: Whether their case is on a negative path or a positive path.
They generally need to remember before they talk. In the event that words are
advantageous they can be destructive as well.

Solidness : A senior promoter dependably have a soundness in this contemplations

just as in his profession. They can handle all circumstance in a way which is serene &
have a discussion with no hostility way. Solidness & development in expert or
individual life ties up with involvement.

WHO ARE SENIOR ADVOCATE & JUNIOR ADVOCATE5

• A senior promoter is depended & made a decision on age & experience of a

legitimate calling. While when we talk about a lesser backer he needs experience
& does not have incredible thought of how to handle things & run around with
them.

5 https://blog.ipleaders.in/difference-senior-advocate-junior-advocate/

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• Senior supporters need to pursue a different implicit rules in spite of the fact that,
It is not the same as different promoters.
• General individuals see an old or matured promoter with great practice &
experience as a 'senior supporter' while a new backer needs to take in such huge
numbers of things from the senior supporter & needed to get a handle on certain
aptitudes.
• Commitment & a long time of training is the mode behind the accomplishment of
a senior backer while a lesser supporter comes up short on this aptitudes &
characteristics.
• Senior most promoters are restricted from doing any sort of legitimate work eg..
drafting, & so forth while every single junior supporter have no such restriction.
• The status of senior supporter is assigned to them by the SC or HC based on
legitimacy & position.
• The court can give this status to any promoter however with their assent on the off
chance that it is in the feeling on account of his capacity or uncommon learning in
law.
• A sparing arrangement has been set down concerning the promoters who are
correct now senior backers & who will keep on getting a charge out of the status
of senior
• A senior promoter isn't allowed to show up In court without A-O-R or with no
lesser.

Despite the fact that this does not characterise that it gives unique support or controls
or do any separation & on the off chance that it does, at that point it will damage
Article 14 of constitution that is correspondence & Article 18 conferment of any title
of the constitution.

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ADVOCATES ACT 196I FOR SENIOR ADVOCATES6

Every HC follows its own procedure in designating its senior Advocate . Before the
HC themselves used to consider certain Advocates as worthy to be designated for Sr.
Advocate & after obtaining the permission of the Advocate concerned used to
designate him to be as such.

Presently in some High Court, the Advocate concerned who satisfies endorsed
capabilities has apply to the HC & make a solicitation to been assigned as Senior
Advocates. Upon such an application the sitting Judges of the HC express their
perspectives by way of vote & as per the larger part supposition the Senior Advocate
status is either to be conceded or won't.7

Senior advocates must be, in the matter of there practices, be subject to such
restriction as the BCI may, in the interest of the legal profession and ethics, prescribe
by time to time.

SECTION 30 CONFERS RIGHTS TO PRACTICE THROUGHOUT THE

TERRITORY OF INDIA.8

Subjected to arrangements of the Act, each backer whose name are entered in the
States roll will qualified starting at ideal for training all through the regions to which
this Act expands, -

6 http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf

7 https://www.sci.gov.in/pdf/seniorAdvocatesDesignation/notice.pdf

8 https://www.sci.gov.in/senior_advocates_designation

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(I) All the Courts including the SC; (ii) Before any council or individual legitimately
approved to take proof; & (iii) Before some other expert or individual before
whom such supporter is by or under any law until further notice in power
qualified for training.

BAR COUNCIL OF INDIA RULES9 (PART - VI) RULES GOVERNING

ADVOCATES (CHAPTER -I)
Restrictions on Senior Advocates10

(Principles under Sec 16 (3) & 49 (1) (g) of the Act) . Senior Advocates will, in the
matter of the routine with regards to the calling of law referenced in Sec 30 of Act, be
liable to the accompanying limitations:

A senior Advocate will not document a vakalatnama or act in any Court/ Tribunal/
before any individual or other skilled referenced in Section 30 of the Act.

2. (i) A S.A. will not show up without an Advocate on Record in the SC or without an
Advocate in Part II of the State Roll in any court or Tribunal or before any individual
or different specialists referenced in Section 30 of the Act.

(ii) Where a S.A. had been locked in preceding the coming in power of the principles
in this provided chapter, he will not proceed from that point except if a backer in Part
(II) of the State Roll is locked in alongside them. Given that a S.A. may keep on
showing up without a backer in Part II of the Sate Roll in cases in which he had been
advised to show up for the arraignment / the barrier in a case which is criminal in

9 http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf

10 https://www.sci.gov.in/pdf/seniorAdvocatesDesignation/notice.pdf

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nature, in the event that he was so informed prior she/he is assigned as a senior
promoter or before coming into activity of the principles in this provided Chapter by
& large.

3. He will not acknowledge guidelines to draft arguing or sworn statements, counsel

on proof or to do any drafting work of a practically equivalent to kind in any Court or/
Tribunal / before any individual or different specialists referenced in Section 30 of the
Act or embrace conveyancing work of any sort, at all. These limitation anyway will
not stretch out to settling any such issue as previously mentioned in meeting with a
backer in Part II - the State Roll.

4. He will not acknowledge legitimately from a customer any short or guidelines to

show up in any Court / Tribunal / before any individual or different experts in India.

5. S.A. who had gone about as an Advocate for a situation, will not after he has been
assigned as a S.A. inform on grounds regarding claim in a Court of Appeal or in the
SC, aside from with an Advocate as previously mentioned.

6. S.A. may in acknowledge the administrations rendered by an Advocate showing up

in any issue pay the charge to him which he thinks about sensible.

The most Important case for the designation of Senior Advocates:

Indira Jaising Vs. Respondent: Supreme Court of India & Ors.11

11Writ Petition (C) No. 454 of 2015, T.C. (C) No. 1 of 2017,//Writ Petition (C) Nos. 33 & 819 of 2016
(Under Article 32 of the Constitution of India)

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Present request was recorded looking for bearing proclaiming that arrangement of
assignment of Senior Advocates by as of late presented strategy for vote was self-
assertive & as opposed to ideas of assorted variety disregarding different Articles of
Constitution & along these lines, it was unlawful & invalid & void . Question was
whether arrangement of assignment of S.A. by casting a ballot technique was
supported.

Facts:
Request was recorded looking for bearing pronouncing that the arrangement of
assignment of Senior Advocates by as of late presented strategy for vote was
subjective & in spite of the thoughts of assorted variety abusing different Articles of
Constitution & in this manner, it was illegal & invalid & void & issue request or
course for arrangement of a lasting determination advisory group along a secretariat
lead by a layman, which incorporates the Respondent four A.G. of India, agents & the
Respondent 6-AOR Association & scholastics, for assignment of S.A. based on an
appraisal developed on a point framework .

Further looking for bearing to the Respondent-1 speaking to C.J. & Judges of the SC
to choose a Search Committee to distinguish the Advocates who direct Public Interest
Litigation (PIL) cases & practicing Advocates in the territory of their Domain
Expertise that is..established law, global intervention, between State water question,
digital laws & so forth & to assign them as S.A , issue course the Respondent-1
speaking to C.J. & Judges of the SC to outline rules having the readiness of appraisal
report given by the Peer Committee on Advocates those who apply for the assignment
dependent on a list hundred, Issue heading to the Respondent-1 speaking to C.J. &
Judges of the SC to reexamine its choice taken in the Court & assign as S.A. every
one of those Advocates whose applications looking for assignment had gotten

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proposal by at the very least five Judges of the SC amid the procedure of flow
requested by the C.J.

Further it was held, while arranging off the appeal: The activity of the supreme power
given to the SC & the H.C. to assign an Advocate as a S.A. was surrounded by the
necessity of the fulfilment that the promoter satisfies the three conditions stipulated
under Section 16 of A.A ,1961
(i) He is able
(ii) standing at the bar
(iii) special knowledge / law- experience that the person seeking designation has
acquired.

It was anything but an outburst, unguided, unanalysed control however its activity
may share such a character. In any case, the likelihood of abuse couldn't be a ground
for capturing an arrangement of the Statute to be intrinsically delicate. The outcomes
bursted out by the intervener, in particular, (i) guilty pleasure saw to be appeared by
the Courts toAdvocates; (ii) impact of assignment on the prosecutor open by virtue of
high expenses charged; (iii) its pernicious impact on the lesser individuals from the
bar; & (iv) the component of hostile to aggressiveness, & so on were untoward results
occasioned by human disappointments. Conceivable outcomes emerging from a
wrong/ill-advised exercise of intensity couldn't be a ground to nullify, arrangements of
Section I6 of the Act.

Acknowledge the characteristics of legitimacy & capacity shown by top to bottom

information of mind boggling inquiries of law, reasonableness in court procedures
steady with the obligations of an advice as an Court’s officer & commitments in
helping the Court to contract, correct strategy in some random case, all of which

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would reside to be decided as the remaining of the Advocate at the bar was the item
behind the grouping. Such an article would improve the estimation of the lawful
framework that Advocates speak to. Great as the premise of the order was established
on sensible para-meters which could be presented by method for uniform rules to be
set somewhere near the Court, no reason perceived how the intensity of assignment
could be laid as intrinsically impermissible.

These rules administering the activity of assignment by the SC have just been seen so
likewise the rules in power in the different H.C.. In spite of the fact that means have
been taken to get some goal parameters, the equivalent must be all the more
thoroughly taken by present Court to guarantee congruity of the moves/choices taken
under Section 16 of the Act with the prerequisite of sacred requirements, especially, in
the space of reasonable, straightforward & sensible exercise of a statutory
administration on which alone the activity Of the assignment could be supported.

Under the establishment of the A.A, 1961 & the SC Rules, 1966 the choice to be
assigned as a S.A. or was not left to the Advocate worried, with the Full Court having
no task to carry out in such manner. In different purviews spread over the Globe,
where the training keeps on being in perplexed in one structure or another, support in
the basic leadership procedure of different partners has been presented in the source of
experience picked up. The structure that would acquaint by the present request with
control the arrangement of assignment of Senior Advocates must give portrayal to the
network of Advocates however in a constrained way.

Least age & pay as states of the qualification will be suitable at these stages. From the
portrayal served as to the standards & rules winning in various H.C., it was obvious

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that changing times of training & diverse pieces of salary have been, entomb alia,
endorsed as least states of qualification for thought for assignment as a S.A..

SUPREME COURT TAKE NOTICES OF WHAT IS THE PREVAILING

PRACTICE IN SOME OTHER JURISDICTIONS IN INTERNATIONAL
CONTEXT.12

NIGERIA-S.A. of Nigeria

The Legal Practitioners’ Privileges Committee (established under the Legal

Practitioners Act, 2004) shall confer on a practitioner in legal department the rank of
S.A. of Nigeria.

The prize of the rank of S.A. of Nigeria is a bonafide prize as sign of excellence to
members of the legal profession who are in complete in legal practice, also who had
distinguished themselves as advocates & who had created significant contribution to
the development law profession.

The Committee must consist of the C.J. (as Chairman); the Attorney General; 1
Justice of the SC; the President of the Court of Appeal; 5 Chief Judges of the States;
Chief Judge of the Federal HC, 5 legal practitioners who are S.A. of Nigeria.

Principles Provided : The prize shall be a self-governing indication of excellence in

the law profession. It provides a public identification of advocates whose are standing
& the achievement will justify and pronounce an expectation on the part of clients,
the judiciary & the public around, that they can provide noticeable services as

12Writ Petition (C) No. 454 of 2015, T.C. (C) No. 1 of 2017, Writ Petition (C) Nos. 33 & 819 of 2016
(Under Article 32 of the Constitution of India)

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advocates & advisers in the overall besets interest of administration of justice, all
effort shall be made to see that the conferment of the rank of S.A. of Nigeria on
candidates who are standing through the criteria reflect national character by
enhancing as much geographical spread & gender representation as possible.

AUSTRALIA

In Australia, Senior most Counsel is an individual who is confessed to rehearse as an

advodate & specialist of the SC of Australian Capital Territory & who rehearses
solely/ considerably as guidance (Senior Counsel SC, recently depicted as (QC).

The Protocol of Senior Counsel, expresses that the assignment as Senior Counsel shall
be planned to serve general society, whose standing & accomplishments legitimize a
desire, with respect to the individuals who may require their administrations, just as
with respect to the legal executive & people in general, that they can give exceptional
administrations as free advocates of the personal bar, for the benefit of the
organization of equity. Besides, Appointment as Senior Counsel ought to be limited to
Practicing Barristers(Local), Ordinary Members Class A, with affirmation of the
significance of the work performed by method for providing exhortation just as
showing up in or sitting on courts & different councils & directing or showing up in
elective debate goals, plus interventions & intercessions.

Criteria for the arrangement & end & so forth are likewise referenced for reference of
the court. Assurance of utilization was additionally alluded.

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IRELAND- Senior Counsel

The Legal Services Regulation Act, 2015's accommodates the way toward assigning
the title 'Senior most Counsel'.

A Patent of Precedence, whenever conceded upon a lawyer/specialist qualifies him for

utilize the title of Senior Counsel. The Advisory Committee on the allow of Patent of
Precedence will comprise of -

• the Chief Justice

• the President of the HC
• the Attorney General
• Bar Council's Chairperson
• Law Society's President
• a lay person

The benchmark for give of Patent - Precedence is as per the following legitimate
expert more likely than not showed a level of ability & a level of integrity fitting to &
steady with the allow to the person in question of a Patent. He should have proficient
freedom. He should have a demonstrated limit with regards to brilliance in the act of
backing. He should have a demonstrated limit with respect to perfection in the act of
master suit. He should have authority learning of a region of law. He should be
appropriate on character grounds & disposition.

The Advisory Committee, in the event that it finds that, it attains the criteria, it will
prescribe the short-list names to the administration to be conceded the Patent-
Precedence.

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HISTORY ON EMERGENCE OF SENIOR ADVOCATE & LEGAL
PROFESSION IN INDIA 13

So far as India is seen, it creates the impression that legitimate calling procured
establishes in the long periods of British guideline. The principal Britisher Courts was
set up in Bombay in 1672. In 1726, the Mayor Courts was built up in Madras,
Bombay & Calcutta. By the provided Charter of 1774, the SC of Judicature was built
up at Calcutta &, from that point, in Bombay & Madras. 14

The Charter permitted just English & Irish advocates to rehearse in these courts & no
person from India reserved the option to show up in the Court. In 1862, H.C. were set
up at Calcutta, Bombay & Madras. Vakils could now rehearse under the watchful eye
of the H.C. finishing the imposing business model of counselors. There was Indian
interest in the courts alongside the nearness of british backers.

In 1879, the Legal Practitioners Act, authorized which characterized ‘Legal

Practitioner ' to mean an Advocate, a Vakil, a lawyer of any HC, a pleader, a Mukhtar,
an income operator. In 1926, the The Indian Bar Councils Act, was passed to bind
together the different evaluations of lawful practice & to give independence to the
Bar. Before the providing into power of the Advocates Act, 1961, so far as the SC of
India is concerned, assignment as a S.A. involved decision for any Advocate, who had
finished ten years of training & who was generally eager to submit to the specific
conditions, that is., not to straightforwardly manage customers or record papers &
reports in the courts & so on.

13 https://www.academia.edu/8270623/Relevance_of_Designation_of_Senior_Advocates

14 https://www.sci.gov.in/senior_advocates_designation

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Assignments which were only managed by the Bar were vested in the SC with the
order of the S.C. Rules of the year 1966. Comparatives were the before spot in the
Bombay HC. The adjustment in the situation could be credited to the authorization.
Where under the assignment of assigning S.A. was, out of blue, statutorily endowed
to the SC/H.C..

Given that where any senior supporter creates an application prior the 31st December,
1965 to the B.C. keeping up the come in which his full name had been entered that he
doesn't want to proceed as a senior promoter, the BC may sanction the application &
the roll will be adjusted in like manner.

IN CONTEXT OF SUPREME COURT15

As the work on winning in the SC of India for assignment of senior promoters is

worried, from the Affidavits documented for the benefit of the Registry of SC its
appears that pith of training in vogue is that twenty years of joined remaining as an
Advocate/ a District & Sessions Judge or a Judicial Member of any Tribunal
(capability for the qualification for arrangement in Tribunal ought not to be as much
as what is recommended for arrangement as a District Judge), qualifies an Advocate
for being assigned as a S.A. by the SC. An unwinding to the previously mentioned
necessity for example height of training was suggested in the year 1996 by an
Administrative Committee of three Hon'ble Judges which likewise seems to have
been preceded up on in explicit case.

15https://highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/high_court_rules/Vol-V--PDF/
chap6partCV5.pdf

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Every applications got are to be circled to the Hon'ble C.J. & all Hon'ble Judges. Just
those case’s which have been endorsed by at least 5 Hon'ble Judges are set under the
watchful eye of the Full Court. In event that the Hon'ble C.J. or any Hon'ble Judge’SC
is of the opinion that a specific Advocate merits the qualification of being assigned as
a S.A., the Hon'ble C.J. or the Hon'ble Judge, as might be, likewise suggest the full
name of any Advocate to be contemplated for assignment.

Every single name would likewise be flowed among the Judges in a similar way &
experience a similar procedure un-til the short recorded names achieve the Full Court.
In the Court, choices are assumed premise of casting a ballot by mystery ticket & by
the Rule of greater part.

IN CONTEXT OF HIGH COURT 16

Seeing that the H.C. of the nation are bothered, it creates the impression that there is
no single criteria or measuring stick. Age; pay; width of training; prerequisite of
training in HC in which assignment is looked for or in a court subordinate to such HC
seem, by all accounts, to be expansive parameters which diverse H.C. have received
either by joining of every such parameter or a few or few of them. The position would
be obvious from accompanying recommence which demonstrates the work on
winning in various H.C. of nation.

16https://highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/high_court_rules/Vol-V--PDF/
chap6partCV5.pdf

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PROCEDURE LAID DOWN IN HIGH COURTS

As it was held in the same case of INDIRA JAISING V SUPREME COURT OF

INDIA, the procedure as in laid in appointment of senior advocates in the all high
Courts was laid down , some of them are discussed below:

(1) HC OF CALCUTTA

The HC of Calcutta has published a Notification on the 29th of September, 2014, &
has crystallised the procedure in order to designate advocates as a S.A.:

The advocate must not be less than 40 years of age at the time of moving an
application, & he must have an experience of not less than 15 years at the Bar. The
experience of an advocate at the State Judicial Services is counted towards the
overall experience; however, such advocate must have practiced at the Bar for not
less than 07 years after the cessation of services at the State Judicial Services.
Any former Judge of a HC entitled to practice before the HC of Calcutta may
move an application in writing before the C.J. & seek the designation of a S.A..
Any Judge of the HC may recommend to the C.J. the name of an advocate who is
worthy to receive this designation.
The C.J. shall constitute a standing committee of seven Judges in order to consider
the applications moved by the interested candidates.
The standing committee shall scrutinise the applications & recommend the
candidates who are worthy to be considered by the Full-Court.
The Full-Court shall deliberate upon the applications recommended by the
standing committee & the Full-Court shall vote upon such applications by casting
secret ballots.

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 Any applicant who gets the votes of 2/3rd of the Judges, or more, is conferred the
designation of a S.A.. If a particular application is rejected by the HC, then such
advocate will not be considered for a subsequent period of two years.

(2). HC OF TRIPURA

The HC of Tripura has crystallised the procedure in context to designate advocates as

a S.A.:

The advocate seeking designation shall not be less than 45 years of age at the time
of moving an application & he must have practiced at the Bar for not less than 15
years. The advocate must be enrolled with the BC of Tripura & he must be
primarily practicing before the HC of Tripura or the courts subordinate to the HC.
The application for consideration in reference to an advocate may be moved either
by the advocate himself or by a Judge of the HC.
The advocate shall have a net annual taxable income which is not less than three
lakh rupees, accruing from the legal profession, in reference to the preceding three
years. [Provided that this Clause will not apply to the Law Officers of the
Government.]
The applications are deliberated upon by the Full-Court & the votes will be cast
by secret ballots.
An advocate is required to get 3/4th of the votes of the Full-Court in order to be
designated as a S.A.. If an applicant is rejected by the HC, then his designation
will not be considered for a subsequent period of two years.

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(3). HC OF JHARKHAND

The HC of Jharkhand employs this procedure in order to designate advocates as a

S.A.:

The advocate seeking designation, while moving an application, must have an

experience which is not less than 15 years at the Bar. The advocate is also required
to be an ordinary resident of Jharkhand & is required to be practicing before the
HC.
The application for consideration in reference to an advocate may be moved either
by the advocate himself or by a Judge of the HC.
The Full-Court shall deliberate upon the applications so received & may designate
an advocate as a S.A. if he is worthy of such designation.

(4). HC OF UTTARAKHAND

The HC of Uttarakhand had crystallised the procedure in context to designate

advocates as a S.A.:
An advocate seeking designation must have an experience which is not less than
20 years at the Bar, he must be enrolled with the State BCof Uttarakhand & he
must be an ordinary resident of Nainital.
The application for consideration shall be moved by a Judge of the HC, along with
the consent of the advocate in question.
The Full-Court shall deliberate upon the recommendations & the designation is
conferred upon the advocate with the attainment of a simple majority of votes.

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 The Full-Court has the power to strip off the designation conferred unto an
advocate, through a simple majority of votes, if the HC is of the opinion that such
advocate is not worthy of the designation any more.

(5). HC OF GUWAHATI

The HC of Guwahati has crystallised the procedure in context to designate advocates

as a S.A.:

The application seeking consideration shall be moved either by the Advocate-

General for a State, two senior advocates practicing before the HC of Guwahati or
suo motu by the HC.
The advocate shall not be less than 35 years of age at the time of moving an
application & he must have an experience which is not less than 10 years either at
the Bar or at the State Judicial Services. The advocate is also required to have
practiced before a court under the jurisdiction of the HC of Guwahati for a term
which is not less than 05 years.
The advocate must have a net annual taxable income which is not less than two
lakh rupees & he must be a permanent resident of a State falling under the
jurisdiction of the HC of Guwahati. The advocate is also required to be enrolled
with the State BCof Assam, Arunachal Pradesh, Manipur, Mizoram, Meghalaya,
Nagaland, Tripura or Sikkim.
The C.J. may constitute a committee consisting of not less than three Judges of the
HC in order to consider the applications. The committee so constituted shall place
its recommendations before the Full-Court.
The applications shall be deliberated upon by the Full-Court & the designation is
conferred unto the advocate if he secures the votes of 2/3rd of the Judges. If the

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 proposal in reference to a particular advocate is rejected, then his designation will
not be considered for a subsequent period of two years.

(6). HC OF ORISSA

The HC of Orissa has laid the procedure in context for designation of advocates as a
S.A.:

The advocate seeking consideration shall not be less than 35 years of age at the
time of moving an application & he must have an experience which is not less
than 10 years at the Bar. The services rendered by the advocate at the State
Judicial Services will also be considered.
The advocate must have a net annual taxable income which is not less than three
lakh rupees.
The Full-Court shall consider the applications & designation is conferred upon
advocates who secure a simple majority of votes. The advocates rejected by the
HC will not be considered for a subsequent period of one year.

(7). HC OF CHHATTISGARH

The HC of Chhattisgarh laid the procedure in order to designate advocates as a S.A.:

The application seeking designation may be moved either by the advocate himself
or by a Judge of the HC. The advocate seeking designation must not be less than
45 years of age & he must have an experience at the Bar which is not less than 20
years. The experience accrued through the State Judicial Services will be

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 considered & the advocate must have practiced before the HC for a term which is
not less than 10 years.
The advocate must have a net annual taxable income which is not less than five
lakh rupees for the preceding three years.
The C.J. may constitute a committee in order to consider the applications moved
by the advocates. The recommendations of the committee are placed before the
Full-Court for consideration. The advocate must secure votes of at least 2/3rd of
the Judges of the Full-Court in order to be designated as a Senior Advocate. The
advocates rejected by the HC will not be considered for a subsequent term of two
years.

(8). HC OF MEGHALAYA

The HC of Meghalaya has the following procedure in context for designation of

advocates as a S.A
The application seeking designation may be moved by a Judge of the HC, the
Advocate-General for Meghalaya or by three senior advocates practicing before
the HC.
The advocate shall not be less than 35 years of age & he shall have an experience
which is not less than 10 years at the Bar. The experience accrued by the advocate
at the State Judicial Services is considered towards the overall experience.
The advocate must secure votes of at least 2/3rd of the Judges of the Full-Court in
order to be designated as a S.A.. The advocates rejected by the HC will not be
considered for a subsequent term of two years.

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(9). HC AT HYDERABAD

The HC at Hyderabad had distributed a Notified on the sixteenth of March, 2k16, &
has solidified technique so as to assign advocates as a S.A.:

The application looking for assignment will be moved by somewhere around three
senior supporters rehearsing before the HC. The backer looking for assignment
must not be under 45 years old & he should have an encounter which isn't under
15 years. The experience accumulated by the supporter as a State Judicial Officer
will be checked towards the general involvement.
The promoter must have a net yearly assessable pay which isn't under ten lakh
rupees over the previous three years.
The Full-Court will consider upon the applications & a backer verifying more than
2/third of the votes will be assigned as a S.A.. The technique for casting a ballot is
by the throwing of mystery votes. A promoter dismissed by the HC will not be
considered for a resulting time of two years.

(10). HC OF DELHI

The HC of Delhi has crystallised the procedure in context for designation of

advocates as a S.A.
The application for designation is considered suo motu by the HC or moved by
five senior advocates of the HC, along with the consent of the advocate
concerned. The advocate must have an experience which is not less than 10 years
at the Bar & he must be enrolled with the BCof Delhi.
The applications are considered by the Full-Court & an advocate must secure not
less than 2/3rd of the ballots cast by the Judges. A Judge is allowed to abstain

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 from the voting procedure & such votes shall not be counted towards the final
number of ballots cast.
An advocate rejected by the HC will not be considered for a subsequent period of
one year.

(11). HC OF KARNATAKA

The HC of Karnataka employs this procedure in context for designation of advocates

as a S.A :
The application seeking designation may be moved by a Judge of the HC, two
senior advocates practicing before the HC or by the advocate himself.
The advocate must have an experience which is not less than 15 years at the Bar &
must have a net annual taxable income which is not less than three lakh rupees
over the preceding five years.
An advocate must secure a simple majority of votes cast at the meeting of the
Full-Court in order to secure the designation of a S.A.. The advocates rejected by
the HC will not be considered for a subsequent period of two years.

(12). HC OF PUNJAB & HARYANA

The HC of Punjab & Haryana has laid procedure in context for designation of
advocates as a S.A :

The advocate seeking designation must have an experience which is not less than
15 years at the Bar.

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 The advocate must have a net annual taxable income which is not less than 15
lakh rupees for the preceding two years & a net annual taxable income which is
not less than 10 lakh rupees over the preceding three years. The application for
consideration must be moved on behalf of the advocate by two senior advocates
practicing before the HC.
The Full-Court may designate an applicant as a S.A. through a simple majority.
The Judges are allowed to abstain from the voting procedure. The advocates
rejected by the HC will not be considered for a subsequent term of two years.

(13). HC OF HIMACHAL PRADESH

The HC of H.P. has distributed a Notified copy & has solidified, method so as to
assign advocates as a S.A.:

The applications for thought will be seen by the HC suo motu. These backers should
be enlisted with the BC of Himachal Pradesh for thought. The backer shall not be
under forty-five years old & must have an encounter which isn't under 15 years at the
season of thought. The supporter must have a net yearly assessable pay which isn't
under rupees 3 lacs over the previous 3 years.

The Full-Court would cast mystery tallies & a promoter shall verify something like 3/
fourth of the vote in favor of an assignment. The promoters dismissed by the HC
won't be considered for a consequent term of two years.

The exercise of the power given to the SC & the H.C. to assign an Advocate as a S.A.
is surrounded by the necessity of due fulfillment that the concerned supporter satisfies
the 3 conditions stipulated Under Sec 16 of the Advocates Act, 1961 .

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THE HC OF MEGHALAYA BAR ASSOCIATION, SHILLONG17 (WRIT
PETITION FILED)

Writ petitions is as to the alteration of rules confined by HC of Meghalaya

administering the matter of question of assignment of S.C. The complaint explicitly is
coordinated hostile the change by which the necessity of 05 years' training in any
Court inside the ward the HC of Meghalaya has been discarded & an Advocate
rehearsing in any court of the nation has been made qualified.

There is a further correction made on thirteenth January, 2016 by which any S.A. of
any HC in the nation can support any backer in any court in India to be assigned as a
S.A. by the HC of Meghalaya. The intensity of assigning any individual as a S.A. is
constantly vested in the Full Court both of the SC or of any HC.

On the off chance that an uncommon circumstance emerges required the Full Court of
a HC to leave here from the standard routine with regards to assigning a supporter
who has drilled in these HC or in a subordinate court to that HC, it might dependably
be available to the Full Court to so act except if the standards explicitly restrict a
game-plan. On the off chance that the potential is dependably there in the Full Court,
we don't perceive any reason why express conferment of equivalent by the Rules is
essential.

It is occurrences like those that brought the arrangement of assignment of S.A. into
notoriety. Past mentioned, it was viewed as that it was essential as Shri P.S. Patwalia,
learned Senior Counsel showing up for the HC of Meghalaya has provided , on

17 (CIVIL) Nos. 33 & 819 OF 2016

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directions got, that the HC would reexamine the progressions got by the alterations &
cure the circumstance by taking suitable . It was left open to the HC of Meghalaya to
act in like manner & close the writ petitions as far as the aforementioned freedom.

Tata Chemicals Limited v. Commissioner of Customs (Preventive)18

It was held that Both Sect 16(2) of the Act & Order IV Rule (2) of the SC Rules, 2013
were noteworthy being used of articulation "is of feeling" & "as they would see it"
separately which holds the intensity of the Court to assign an Advocate as a S.A.. It is
an abstract exercises that will be performed by the Full Court in as much as an
individual influenced by the dissent of such assignment isn't heard, neither are reasons
recorded also for giving the assignment / denying the equivalent.

In any case, the assessment, however abstract, must be established on target materials.
Sc alluded a similar case to comprehend the significance .In our assessment, the
articulation "regards it vital" clearly implies that the best possible officer should have
valid justification to expose trough in products to a synthetic or different test. Rules
regularly use articulations, for example, "regards it fundamental", "motivation to
accept", & so on. Do the trick it to state that those articulations have been held not to
mean the emotional fulfillments of the officer concerned. Power provided to the
officer concern isn't a subjective power & must be practiced as per the restrictions
forced by law.

In the question of reason to believe SC referred to :

Rohtas Industries Ltd. v. S.D. Agarwal19 also Sheo Nath Singh v. CIT20

182015 ( 320 ) ELT 45 ( S.C. )

(2015) 11 SCC 628

19 refer* SCC at p. 341, para 11: SCR at p. 129

20 refer*(SCC p. 239, para 10)

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There could be no matter of doubt that the words ‘reason to believe’ suggested that
the believes should be that of an sincere & virtuous person carried upon reasonable
grounds & the Income Tax Officer can act on direct or circumstantial evidence
although not on mere suspicion, gossips or rumour.

Guman Singh v. State of Rajasthan21

It was held that Merit of an applicant isn't his scholastic capability. It is whole of
different characteristics. It mirrors the qualities of a worker. It might be his scholarly
capability. He may have accomplished certain qualification in the college. It might
include the character, trustworthiness & commitment to obligation of the worker. The
way in which he releases his last obligations would likewise be an applicable factor.

To judge the legitimacy, in this manner, past execution were a significant factors.
There shall be no reason with respect to why these equivalent had been kept out of
thought by the Selection Committee. On the off chance that a determination depends
on the legitimacy & reasonableness, status may must be given due weightage however
it would just be one of the few variables influencing evaluation of legitimacy as near
involvement in administration ought to be.

The Committee for Designation of Senior Advocates (CDSA), birthed after the
SC’s decision in Indira Jaising v. SC of India and others, has released a list of 105
applicants, seeking recommendations on whether or not they should be designated as
Senior Advocates.22

21 (1971) 2 SCC 452

Indira Jaising vs. Supreme Court of India & Ors. (12.10.2017 - SC) : MANU/SC/1306/2017

22https://barandbench.com/committee-for-designation-of-senior-advocates-seeks-views-on-105-
applicants/

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DESIGNATION OF 18 SENIOR ADVOCATES WAS CHALLENGED23

The first batch of designation of Senior Advocates in the country under the new
scheme, that recently took place at the Karnataka HC, has now come under challenge.

A petition has been filed in the HC by four advocates on the ground that the

designations were made in an arbitrary & irrational manner.


COMMITTEE FOR DESIGNATION OF ADVOCATES

All issues identifying with assignment of S.A. in the SC of India & in all the H.C. of
the nation will be managed by a Permanent Committee known as "Panel for
Designation of S.A.''

The Permanent Committee would be going by the Hon'ble the C.J. of India &
comprise of 2 senior most Judges of the SC of India or HC, the educated Attorney
General of India or Advocate General of the State if there should be an occurrence of
a HC would be a Permanent Committee Member. The over 4 Members of the
Permanent Committee will name other Bar Member to be the 5th Member of the
Permanent Committee.

The Committee shale have changeless Secretariat the structure ,which would be
chosen by the C.J. of India or the C.Js of the H.C., as might be, in interview with

23 https://barandbench.com/designation-of-18-senior-advocates-challenged-in-karnataka-high-court/

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different Members of the Permanent Committee. All applications including composed
proposition by the Hon'ble Judge would be submitted to the Secretariat.

On obtaining such applications / recommendations from Hon'ble Judges, the

Secretariat would aggregate pertinent information & data with respect to notoriety,
direct, honesty of the Advocate provided incorporating his cooperation in work,
detailed decisions in which the concerned Advocate had showed up; the quantity of
decisions throughout the previously given 5 years. The source from which data will be
looked for & gathered by the Secretariat will be as chosen by Permanent Committee.

The Secretariat will distribute proposition of assignment of a specific Advocate in the

official site of the concerned Court welcoming the perspectives on different partners
in the proposed assignment. After the information base as far as above is gathered &
all data as might be explicitly guided by Permanent Committee to be gotten in regard
of a specific hopeful is gathered, the Secretariat will set up case prior to the
Permanent Committee for examination. The Permanent Committee will look at each
case in the light of the information given by the Secretariat of the Permanent
Committee; meet the concerned Advocate; & create its general evaluation.

Every one of the name that is recorded prior to the Permanent Committee cleared by
the Permanent Committee would go to the Court. Casting a ballot by mystery tally
won't ordinarily be turn by the Full Court with the exception of when could not be
avoided. In case of resort to mystery vote choices will be conveyed by a dominant
part of the Judges who have practiced its inclination.

Every case that had not been positively referred by the Court might be checked on/
reexamined after expiry of a time of 2 years following the way demonstrated above as

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though the proposition is being led a new. In the occasion a S.A. is blameworthy of
lead which as indicated by the Full Court disentitles the S.A. worried to keep on being
deserving of the assignment the Full Court may survey its choice to assign the
concerned individual & review the equivalent.

V.G. Tamaskar Vs. HC of Chhattisgarh & Ors.24

Facts: In regard of Designation of S.A. question under Sections 16(3) & 49(1)(g) of
the Advocates Act, 1961 was raised. Solicitor is advocate he recorded present writ
request appealing to God for suppress assignment of respondents 5 to 21 as Senior
Advocates of present Court & for bearings to assign every one of those promoters
who had connected to be assigned as Senior Advocates by issuing proper writ of
certiorari/mandamus Petitioner additionally petitioned God for headings to outline
separate guidelines for assigning advocates as Senior Advocates .

It was held that , Section 16(3) of Act gives that Senior Advocates will, in matter of
their training, be liable to confinements as BCI may, in interests of legitimate calling
& Documents added would demonstrate that some of respondents 5 to 21 who have
been assigned as Senior Advocates have not been following limitations forced by BCI
in interests of lawful callings of Senior Advocates . Further the said supplication was
dismissed as same isn't appropriate methodology & consequently, we are not slanted
to subdue assignment of respondents 5 to 21 as Senior Advocates.

Notwithstanding, on the off chance that different writ appeal is recorded by solicitor
building up that any of respondent no. 5 to 21 have abused limitations forced by BCI
under Section 16(3) of Act, Court may consider such writ request without anyone else

24 AIR2006Chh153

Page 34
merits . Yet, to guarantee that assignment or non-assignment of Advocate as S.A. is
straightforward, it will be proper to outlines rules for assigning of Advocate as S.A. .

Henceforth, solicitor discard with bearing to outline rules, inside two months from
today, & from there on think about pending utilizations of Advocates for assignment
of Senior Advocates as per such rules.

CONCLUSION

The above undertaking discusses assignment of senior promoters both in SC & HC.
Incomparable on account of Indira Jaising set down technique for assigning senior
supporters for SC & HC . Numerous writ petitions have been documented in HC of
Karnataka & madras & so forth renouncing the rules or for giving the rules before
Indira Jaisings case. The undertaking, right away clarified about what is lawful calling
& how it ought to be kept up as supporters are likewise an essential spine of the
general public.

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