Supreme Court Clarifies Senior Advocate Designation Criteria: Marks for Years of Practice (2022)

Date of the Judgment: 04 May 2022

Judges: Uday Umesh Lalit, J., S. Ravindra Bhat, J., Pamidighantam Sri Narasimha, J.

The Supreme Court of India addressed a plea regarding the method of allocating marks for the designation of Senior Advocates, specifically concerning the years of practice at the Bar. The court clarified that marks should be awarded for each year of practice between ten to twenty years, rather than a fixed ten marks for that entire period. This clarification came in response to a miscellaneous application seeking a modification of a previous judgment on the matter. This order was passed by a three-judge bench consisting of Justice Uday Umesh Lalit, Justice S. Ravindra Bhat, and Justice Pamidighantam Sri Narasimha.

Case Background

The case originated from a writ petition (W.P. (C) No.454 of 2015) concerning the process for designating Senior Advocates. In a prior judgment dated 12.10.2017, the Supreme Court had laid down guidelines for such designations. Subsequently, a miscellaneous application (Misc. Application No. 709 of 2022) was filed by Ms. Indira Jaising, a Senior Advocate, seeking clarification on certain aspects of the 2017 judgment. Specifically, the application sought a modification to the method of allocating marks for the years of practice between ten and twenty years. The applicant contended that the earlier system of allotting a fixed 10 marks for the entire period was unfair to those with more experience within that range.

Timeline:

Arguments

The primary argument was raised by Ms. Indira Jaising, who contended that the existing system of allotting a fixed 10 marks for the entire period of 10 to 20 years of practice was unfair. She argued that a lawyer with 17 years of experience should get 17 marks, and a lawyer with 19 years of experience should get 19 marks, instead of both getting a fixed 10 marks. This argument was based on the principle of proportionality, suggesting that the marks should reflect the actual years of practice within the specified range.

The Solicitor General, Mr. Tushar Mehta, sought time to respond, indicating that the entire concept of allocating marks and interviews might require reconsideration. He suggested that the issues raised might have a significant impact on the established procedure.

Issues Framed by the Supreme Court

The primary issue before the Supreme Court was whether the method of allocating marks for years of practice between ten to twenty years should be modified to reflect each year of practice, rather than a fixed ten marks.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The court did not rely on any specific cases or books for this clarification. The decision was based on the interpretation of the previous judgment and the need for a fair and proportionate allocation of marks.

Judgment

The Supreme Court clarified that instead of a fixed ten marks for counsel with ten to twenty years of practice, marks should be allocated commensurate with the standing of the person at the Bar. This means one mark shall be allocated for every year of practice between ten to twenty years. This modification was made effective from the date of the order, i.e., 04 May 2022. The court also noted that the Solicitor General’s submissions regarding the overall process of allocation of marks and interviews would be considered later.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the principle of fairness and proportionality. The court recognized that a fixed allocation of ten marks for the entire period of ten to twenty years of practice did not adequately reflect the varying levels of experience within that range. The court sought to ensure that the marking system accurately reflected the actual years of practice, thus providing a more equitable assessment of candidates for Senior Advocate designation. The court also took into consideration the submissions of Ms. Indira Jaising, who highlighted the disparity in marks allocation.

Key Takeaways

• ✓ Marks for Senior Advocate designation will now be allocated at the rate of one mark for each year of practice between ten to twenty years.
• ✓ This change is effective from 04 May 2022.
• ✓ The Supreme Court is still considering broader issues related to the designation process, including the allocation of marks and interviews.

Directions

The Supreme Court directed that the modification in the allocation of marks should be effective from the date of the order, i.e., 04 May 2022.

Development of Law

The judgment clarifies the method of allocating marks for years of practice for the designation of Senior Advocates. This is a modification of the previous position, which had allotted a fixed ten marks for the entire period of ten to twenty years of practice. The ratio decidendi of the case is that marks should be allocated commensurate with the standing of the person at the Bar, i.e., one mark for each year of practice between ten to twenty years.

Conclusion

The Supreme Court’s order clarifies the method of allocating marks for the designation of Senior Advocates, ensuring a more equitable system that reflects the actual years of practice between ten and twenty years. The court modified its earlier judgment by ordering that one mark shall be allocated for each year of practice between ten to twenty years, effective from the date of the order. The broader issues related to the designation process are still under consideration.

Category

Parent category: Supreme Court of India

Child categories: Designation of Senior Advocates, Practice at the Bar

Parent category: Constitutional Law

Child category: Writ Petition

FAQ

Q: What was the issue addressed in this Supreme Court order?

A: The issue was the method of allocating marks for years of practice for the designation of Senior Advocates, specifically for the period between ten and twenty years of practice.

Q: What was the previous method of allocating marks?

A: Previously, a fixed ten marks were allocated for the entire period of ten to twenty years of practice.

Q: What is the new method of allocating marks?

A: The new method allocates one mark for each year of practice between ten and twenty years.

Q: When did this change come into effect?

A: This change is effective from 04 May 2022.

Q: Is this the final decision regarding the designation of Senior Advocates?

A: No, the Supreme Court is still considering broader issues related to the designation process, including the allocation of marks and interviews.