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Picture Courtesy:  THE HINDU

Context:

The Supreme Court recently decided to refix the methodology and the criteria for designating lawyers as 'senior lawyers'. 

Background

The controversy originates from Section 16 of the Advocates Act, 1961, which divides advocates into two classes => Senior advocates and Other advocates.

Basis of Designation => The Supreme Court or a High Court can designate an advocate as "senior" based on their ability, standing at the Bar, or special knowledge in law.

Core Problem => Critics argue this classification is inherently discriminatory. It creates an elite group of lawyers, often leading to a concentration of high-profile cases and influence in the hands of a select few. This can make access to justice more expensive and create an uneven playing field.

Supreme Court Interventions

Indira Jaising Judgments (2017 & 2023) => In response to a petition by senior advocate Indira Jaising, the Supreme Court in 2017 introduced a more structured, points-based system to make the process transparent and objective. This included a Permanent Committee to assess candidates and an interview process. However, these guidelines were later found to be subjective and flawed.

Jitender @ Kalla vs State (Govt.) of NCT Of Delhi (2025) => The Supreme Court decided to overhaul the designation process yet again.

• Abolishing the Points System=>  The Court scrapped the 100-point assessment matrix and the mandatory interview process, calling them "highly subjective" and inadequate for assessing a lawyer's true merit.
• Restoring the Full Court's Role => The decision-making power has been returned to the Full Court (all the judges of the concerned High Court or the Supreme Court). The Full Court can even designate a deserving advocate who has not applied, subject to their consent.
• New Rules Mandated => The Supreme Court and all High Courts have been directed to frame new rules for designation within four months, with an emphasis on ensuring diversity and conducting at least one designation exercise annually.

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Source: 

THE HINDU