The Advocates a-WPS Office
The Advocates a-WPS Office
In practice, the process of appointments is governed by the Rules of the High Court and
the Rules of the Supreme Court which was laid in the following case:
In, MS Indira Jaising Vs. Supreme Court of India, In this case, Three-Judge Bench of
Justices Ranjan Gogoi, Rohinton Nariman & Navin Sinha had heard arguments in August
by former Additional Solicitor General Indira Jaising, Through Secretary-General &
Others in Writ Petition (C) No. 454 of 2015 which had very clearly prescribed the
parameters for designation of Advocates as Senior Advocates after Senior Advocate Ms
Indira Jaising, who filed the petition, pointed out that the present system of which certain
lawyers were officially given the status of Senior Advocates - following which they are
provided with special Lawyers' Robes/Gowns.
Jaising, herself a Senior Advocate, had argued that the system for granting the
designation, at the discretion of Judges of the High Courts and Supreme Court (upon
receiving an application), was opaque and discriminatory, and needed to be modified.
She also challenged the practice of giving special gowns to Senior Advocates and
stopped wearing her own.
Along with her plea to ensure that any designation of lawyers as Senior was based on
proper criteria, Jaising also raised an argument that the practice violated Article 14 and
15 of the Constitution of India by being arbitrary and discriminatory, and led to lobbying
and undue power among current Senior Advocates.
Other stakeholders also filed similar cases that were clubbed with Jaising's, such as the
Gujarat High Court Advocates Association, and the Meghalaya Bar Association.
The Supreme Court upheld the constitutionality of the practice of classifying people as
Senior Advocates, but recognized the need for a more transparent procedure and criteria
for doing so.
Under the new procedure, each High Court and the Supreme Court will need to have a
Permanent Committee for Designation of Senior Advocates composed of the Chief
Justice, the two Senior-most Judges, the Advocate General (for High Courts) or Attorney
General (for the Supreme Court) and an eminent member of the Bar nominated by the
other four members. This is significantly different from the old procedure whereby only
the Judges made the decisions.
Applications for designation as a Senior Advocate would be received and vetted by the
Secretariat of the Permanent Committee, which will process the applications and send a
report to the Permanent Committee for Designation of Senior Advocates. The Permanent
Committee for Designation of Senior Advocates has to then to interview the applicants
and assess them based on the following factors:
Their contributions to Reported Judgments of the Courts, and the number of such
Judgments in the last 5 years; Publications by them; and Test of personality and
suitability
The Permanent Committee for Designation of Senior Advocates will then select which
applications are to be forwarded to the respective Full Courts, which will then make the
final determination. Unsuccessful applications can be resubmitted after two years.
The Supreme Court also noted that the process would need to be reviewed and
reconsidered as required over time.
High Court of Orissa (Designation of Senior Advocate) Rules, 2019
(1) All the matters relating to designation of Senior Advocates in the High Court shall be dealt
with by the Permanent Committee, which will be headed by the Chief Justice and consist of the
two Senior most Judges of the High Court; (ii) the Advocate General of the State of Odisha; and
(iii) a designated Senior Advocate of the Bar to be nominated by the members of the Committee.
1[Provided that in order to nominate a Sr. Advocate of the Orissa High Court Bar Association as
the Member of the Permanent Committee under Clause (iii) of Rule 3(1) of the High Court of
Orissa (Designation of Senior Advocate) Rules, 2019, the following guidelines be taken into
consideration for future reference.
1. He should be designated Senior Advocate.
2. He must have 35 years of experience of actual practice in the Bar.
3. He should have held office of either President of the High Court Bar Association former or
present, or Former Advocate General of the State or Chairman of the Odisha State Bar Council.
The Committee constituted under sub-rule (1) shall have a Secretariat, the composition of which
will be decided by the Chief Justice of the High Court, in consultation with other members of the
Committee.
(3) The Committee may issue such directions from time to time as deemed necessary regarding
functioning of the Secretariat, including the manner in which, and the source(s) from which, the
necessary data and information with regard to designation of Senior Advocates are to be
collected, complied and presented.
4. Designation of an Advocate as Senior Advocate: -
(1) The High Court may designate an Advocate as a Senior Advocate, il in its opinion, by virtue
of his/her ability and standing at the Bar, the said Advocate is deserving of such distinction.
Explanation: The term "standing at the Bar" means position of eminence attained by an Advocate
at the Bar by virtue of his/her seniority, legal acumen, and high ethical standards maintained by
him, both inside and outside the Court.
(2) No person shall be eligible to be designated as Senior Advocate unless he/she:
(i) has a minimum ten years of practice as an Advocate in the High Court of Orissa or in the
Courts subordinate to the High Court of Orissa.
(ii) has appeared and actually argued cases in High Court of Orissa or Courts Subordinate to it.
5. Motion for designation as Senior Advocate:
3)Along with the proposal or application, as the case may be, the Advocate concerned shall
append his certificate that he has not applied to any other High Court for being designated as
Senior Advocate and that his application has not been rejected by the High Court within a period
of two years prior to the date of the proposal or application.
6. Procedure for Designation:
(1) All the written proposals or applications for designation of an Advocate as a Senior Advocate
shall be submitted to the Secretariat. Provided further that in case the proposal emanates from a
Judge the Secretariat shall request such Advocate to submit Form No. 2 duly filled in within such
time as directed by the Committee.
(2) On receipt of an application or proposal for designation of an Advocate as a Senior Advocate,
the Secretariat shall compile the relevant data and the information with regard to the reputation,
conduct, integrity of the Advocate concerned and, on the matters, covered by Sl. Nos. 2 & 3 of
Appendix B covering a period of last 5 years.
(3) They will notify the proposed names of the Advocates to be designated as Senior Advocates
on the official website of the High Court of Orissa, inviting suggestions and views within such
time as may be fixed by the Committee.
(4) After the material in terms of the above is compiled and all such information, as may be
specifically required by the Committee to be obtained in respect of any particular candidate, has
been obtained and the suggestions and views have been received, the Secretariat shall put up the
case before the Committee for scrutiny.
(5) Upon submission of the case by the Secretariat, the Committee shall examine the same in the
light of the material provided and, if it so desires, may also interact with the concerned
Advocate(s) and thereafter make its overall assessment on the basis of the point-based format
provided in APPENDIX-B to these Rules.
(6) After the overall assessment by the Committee, all the names listed before it will be
submitted to the Full Court along with its Assessment Report.
(7) Normally voting by ballot shall not be resorted to unless unavoidable. The motion shall be
carried out by consensus, failing which voting by ballot may be resorted to. In the event of
voting by ballot, the views of the majority of the Judges present and voting shall constitute the
decision of the Full Court. However, the Senior most Judge or Chief Justice as the case may be
present in the Full Court shall not cast his vote. In case the Judges present be equally divided, the
Chief Justice or in his absence the Senior most Judge present shall have the casting vote.
(8) The cases that have not been favorably considered by the Full Court may be
reviewed/reconsidered after the expiry of a period of two years, following the same procedure as
prescribed above as if the proposal is being considered afresh.
(9) Notwithstanding the above noted procedure for designation of an Advocate as Senior
Advocate, Full Court on its own can designate an Advocate as Senior Advocate even without any
proposal from Hon'ble Judges or application from the Advocate if it is of the opinion that by
virtue of his/her ability or standing at the Bar said Advocate deserves such designation.
In exercise of powers conferred under Section 16(2) and 34(1) of the Advocates Act, 1961
(Central Act 25 of 1961) and pursuant to the directions of the Hon'ble Supreme Court of India in
its decision in "Indira Jaisingh V Supreme Court of India" (2018 (3) BCR 517), the High Court
of Bombay makes the following rules regarding designation of an Advocate as a Senior
Advocate, superseding the existing Rules framed under section 16(2) of the Advocates Act,
1961, contained in Schedule VI of the Bombay High Court Appellate Side Rules, 1960 and in
Rule 24 of the Bombay High Court Original Side Rules, 1980.
3. Permanent Committee. - (a) All matters relating to designation of Senior Advocates in the
Bombay High Court shall be dealt with by a Permanent Committee to be known as the
Permanent Committee for Designation of Senior Advocates.
(b) The composition of the Permanent Committee shall be as defined in Rule 2(c) above.
(c) The Permanent Committee will be assisted by a Permanent Secretariat as defined in Rule 2(d)
above.
(d) The Permanent Committee will meet at least twice in each calendar year.
4. Designation as a Senior Advocate. - An Advocate who has actively and actually practiced for
not less than 10 years in the Bombay High Court may be considered for being designated as
Senior Advocate either -
(a) On a written recommendation from the Chief Justice or any permanent Judge of the High
Court of Bombay to the Permanent Secretariat, that, in the opinion of the Chief Justice, or of
such other permanent Judge, by virtue of the advocate's ability, experience, standing at the Bar,
or special knowledge of, or experience in law, the advocate is deserving of such Advocates
designation; or
(b) On a proposal for designation as a Senior Advocate by two previously designated Senior of
the Bombay High Court; or
(c) On application by an advocate, endorsed by two designated Senior Advocates of the Bombay
High Court.
(b) Every proposal / recommendation for designation as a Senior Advocate shall be in the Form I
appended to these rules.
(c) Every such proposal shall be accompanied by an application in Form II appended to these
rules.
(d) No Senior Advocate shall propose the names of more than two advocates for designation in
one calendar year.
(e) Every advocate preferring an application for designation as a Senior Advocate, shall submit
his application as per Form II, endorsed by two designated Senior Advocates as per Form I
appended to these rules.
(f) Along with the proposal and application the Advocate shall append his certificate that he has
not applied to any other High Court for being designated as a Senior Advocate and that his
application has not been rejected by the High Court within a period of two years prior to the date
of the proposal or application.
(g) All proposals and applications for designation of an advocate as a Senior Advocate shall be
submitted to the Permanent Secretariat, which shall scrutinize the proposals and applications
received as per directions and guidelines of the Permanent Committee.
(h) The Permanent Secretariat on scrutiny of the proposals so received will intimate the
concerned Advocate of any irregularity, who shall remove the same within 15 days from the
receipt of such intimation.
(i) On receipt of all applications/ proposals/ recommendations the Permanent Secretariat shall
compile the relevant data and information with regard to the reputation, conduct, integrity of the
Advocate(s) concerned including his/her participation in pro-bono work if any; reported
judgments of cases in which he/she has appeared; the number of such judgments for the last five
years; and such other information as the Permanent Committee may think necessary. This data
will be gathered by the Permanent Secretariat from such source or sources as the Permanent
Committee may direct, and is not restricted to data submitted by the advocate-candidate.
(j) The Permanent Secretariat shall publish the proposal of designation of the Advocate on the
official website of the Bombay High Court, inviting suggestions and views of the members of the
Bar and other stakeholders within 30 days from the date of such publication.
(k) The suggestions/views shall be in writing and shall bear the name and full address of the
sender and shall be addressed to the Permanent Secretariat of the High Court. Anonymous
petitions/ representations/views shall not be entertained. The suggestions/ views shall be
submitted only in physical form in writing and submission of such views/suggestions by any
other mode shall not be entertained.
(l) On completion of above procedure, the Permanent Secretariat shall prepare and submit a
report to the Permanent Committee regarding every proposal/application for designation. The
Permanent Secretariat shall endeavor to prepare such report within 90 days of the last date for
receipt of views/ suggestions.
(m) The Permanent Committee will examine each proposal /application for designation of Senior
Advocate in the light of data provided by the Secretariat of the Permanent Committee and the
suggestions/views of the members of the Bar and other stakeholders.
(n) The Permanent Committee shall interact with the Advocate concerned to make an overall
assessment. The Permanent Committee will make its overall assessment on the basis of a point-
based format.
(o) If the Permanent Committee defers any proposal/application for designation as a Senior
Advocate, such proposal/application shall not be considered until the expiry of one year from the
date of deferment.
(p) After completing the assessment, the Permanent Committee shall place the proposals/
recommendations/ applications for designation, before the Full Court for consideration, along
with its recommendations.
(i) The Full Court will have due regard to the recommendations of the Permanent Committee.
(ii) At any Full Court meeting, a Judge may abstain from participating in the proceedings with
respect to any proposal.
(iii) In the Full Court meeting convened for this purpose, voting by secret ballot will not
normally be resorted to by the Full Court except when so unavoidable. In the event of a secret
ballot, the decisions will be by majority of the Judges present and actually voting.
(q) A proposal/application not approved by the Full Court may be reviewed/reconsidered only
after the expiry of two years from the date on which proposal/ application was not accepted by
the Full Court and then only on receipt of a fresh proposal/application for designation of Senior
Advocate.
(r) The name of candidates who have been accepted for designation by the Full Court shall be
designated as Senior Advocates.
(s) The final decision of the Full Court will be communicated to each candidate individually.
6. Norms and Guidelines. - The following norms and guidelines will govern all
recommendations and proposals/applications for designation as a Senior Advocate:
(a) Every Advocate-candidate shall be enrolled with the Bar Council of Maharashtra and Goa.
(b) The Advocate should have not less than ten years' standing as an advocate of the Bombay
High Court.
(c) An Advocate convicted by any competent Court or against whom a charge has been framed
for an offence involving moral turpitude or for contempt of court shall not be eligible for
consideration.
(d) The Advocate must be found deserving of designation as Senior Advocate by virtue of
his/her ability, integrity, standing at the Bar or special knowledge or experience in law.
(e) Upon designation of an Advocate as Senior Advocate, he or she shall also appear gratis and
pro bono in legal aid cases as and when called upon by the Court.
(f) An Advocate who has done legal aid work shall be given due weightage.
(iv) Appear for mentioning any matter to the Court nor seek an adjournment in any Court.
(h) Canvassing in any form by the Advocate concerned or by the proposer or seconder shall
result in the immediate disqualification of the proposal/application of the advocate concerned.
7. Review and Recall. - (a) If it is found that any Senior Advocate has -
(iv) been found by the Bar Council of India or Bar Council of Maharashtra and Goa or the Bar
Council of any other State to have committed professional or other misconduct; or
(v) been convicted of an offence involving moral turpitude or for Contempt of the Court; or
(vi) for any other reason lost the privilege to be a Senior Advocate, then, for any one or more of
the foregoing reasons, the name of the Senior Advocate will be placed before the Chief Justice
for considering the withdrawal of designation of Senior Advocate.
(b) On being satisfied that the matter should be further considered, the Chief Justice shall refer
the issue to the Permanent Committee. The Permanent Committee shall give an opportunity to
the Senior Advocate to plead his/her case including a personal hearing and thereafter submit its
recommendation to the Chief Justice no later than six months from the date of reference to the
Committee. The Committee will be free to evolve its own procedure.
(c) If the Committee in its report recommends withdrawal of designation as Senior Advocate, the
Chief Justice shall place the report with the recommendation of the Committee at the next Full
Court meeting for its consideration.
(d) If a majority of Judges present at the meeting is of the view that the Senior Advocate has
forfeited his/her privilege, the Full Court shall recall his/her designation as a Senior Advocate.
(e) The Registrar General shall notify the decision to the Advocate and to the Bar Council of
Maharashtra and Goa who shall delete the name from the list of Senior Advocates maintained by
the Bar Council.
(f) Nothing contained in these rules shall stand in the way of an Advocate who has been
designated by the High Court of Bombay as a Senior Advocate from submitting an application to
withdraw or recall his/her designation as a Senior Advocate. In the event of such an application
addressed to the Permanent Secretariat being submitted, the Permanent Secretariat shall place it
before the Chief Justice for appropriate orders thereon.
8. Interpretation. - (a) All questions relating to the interpretation of these rules shall be referred to
the Chief Justice whose decision thereon shall be final.
9. Repeal and Savings. - (a) All previous Rules in respect to the subject matter covered by these
Rules, including the Guidelines for Designating an Advocate as Senior Advocate, as made by the
High Court of Bombay with all amendments/modifications, are hereby repealed. However, this
repeal shall not, by itself, invalidate the actions taken under the repealed Rules/Guidelines.
10. All the names that are listed before the Permanent Committee/cleared by the Permanent
Committee shall be placed before the Full Court for approval.
11. Voting by secret ballot will not normally be resorted to by the Full Court except when
unavoidable with reasons in writing. In the event of resort to secret ballot, decisions will be
carried by a majority of the Judges who have chosen to exercise their preference/choice.
12. The Advocate under consideration shall be called upon to file an undertaking, that after being
so designated, he/she will not draft or sign pleadings in any Court, shall in all cases be assisted
by another Advocate, shall not directly give consultation to any litigant, and shall not make any
mention or seek an adjournment in any Court.
13. Upon designation of an Advocate as Senior Advocate, he or she shall give an undertaking to
appear and argue gratis at least ten cases pro-bono in a year as Legal Aid cases.
14. The registry shall notify the result of the proposal to the Advocate concerned, and intimation
shall also be sent to the High Court Bar Association, Bar Council of Punjab and Haryana, Bar
Council of India and Registrar, Supreme Court of India.
15. The said Advocate shall thereafter be designated as Senior Advocate in all the proceedings of
the Court.
16. The Chief Justice may Suo-motu or on the written proposal/s by the Judge/s submitted as per
Rule 5 above, subject to approval of Full Court, confer the honor to an Advocate by designating
him or her as Senior Advocate.
17. In the event a Senior Advocate is found guilty of conduct which according to the Full Court
disentitles the Senior Advocate concerned to continue to be worthy of the designation, the Full
Court may review its decision and recall the same.
18. The High Court by simple majority shall withdraw the designation of a Senior Advocate, in
case, it is found that he has acted in violation of the undertaking given before such designation;
has committed professional misconduct; has shown intemperate behavior in Court; has been
found invariably negligent in discharge of professional duties; has failed to maintain at least two
junior advocates in his office or on any other valid ground.
19. All the cases that have not been favorably considered by the Full Court may be
reviewed/reconsidered after expiry of a period of two years by following the manner indicated
above, as if the proposal is being considered afresh;