Supreme Court Suggests Fresh Evaluation for Delhi High Court's Senior Advocate Designations

Apex Court Calls for Reconstitution of Committee Amid Allegations of Irregularities​

New Delhi, April 4 — The Supreme Court on Friday recommended that the Delhi High Court conduct a fresh evaluation of applications for senior advocate designations that were either rejected or deferred in the last round, following allegations of irregularities.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan proposed that a new process be initiated under the guidelines set by the Indira Jaising judgment, which mandates transparency and fairness in the designation of senior advocates. The apex court also directed senior advocate Rajshekhar Rao, representing the Delhi High Court, to seek further instructions and scheduled the next hearing for April 15.

“We are suggesting that deferred candidates and rejected candidates undergo a fresh exercise in terms of the Indira Jaising judgment. A fresh process has to be conducted by reconstituting the committee,” the bench stated.

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Designation of 70 Lawyers Challenged​

The Supreme Court was hearing a petition contesting the Delhi High Court’s decision in November 2024 to designate 70 lawyers, including 12 women, as senior advocates. The petitioners alleged that the selection process was marred by irregularities and a flawed marking system.

While Rao suggested that the high court could still consider pending applications in a full court, counsel for the petitioners argued that the entire evaluation procedure was fundamentally defective and required re-examination.

Concerns Over Evaluation Criteria​

Earlier, on February 20, the apex court expressed serious concerns about the current process of granting senior designations. The bench remarked that assessing a candidate’s suitability in brief interviews may not be sufficient to judge their competence, legal acumen, or personality.

“The question that needs serious consideration is whether the court should permit applications to be made for grant of designation, though the statute does not contemplate it,” the bench noted.

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It further cited Section 16 of the Advocates Act, which governs the designation of senior advocates, emphasizing that if the legislature intended for advocates to apply, it would have explicitly stated so in the provision.

Over 300 Applications Submitted​

The November 2024 designation process saw over 300 lawyers apply for the prestigious senior advocate title, a status granted by the Supreme Court and high courts in recognition of a lawyer’s legal expertise, courtcraft, and professional standing.

The appointments were made following evaluations by a permanent committee constituted under the Indira Jaisingguidelines, which were aimed at standardizing the process for senior designations.

With the Supreme Court now calling for a review and possible overhaul, the Delhi High Court may be required to reconstitute its committee and conduct a new round of assessments in alignment with the law and judicial precedent.