Case Note & Summary
The Supreme Court of India addressed several miscellaneous applications concerning the designation of Senior Advocates. The applications were filed by various petitioners, including Indira Jaising, who sought clarifications on the allocation of marks for Senior Advocate designation based on years of practice. The core issue revolved around the interpretation of a previous judgment dated 12.10.2017, which stipulated a maximum of ten marks for counsel with ten to twenty years of practice. Jaising argued that this did not adequately reflect the experience of those with more years of practice within that range. The Solicitor General, Tushar Mehta, suggested that the entire concept of marks allocation might require reconsideration. The court allowed him time to submit a written response and directed that responses from other parties be submitted shortly thereafter. However, the court found no reason to defer the matter regarding Jaising's request and clarified that marks should be allocated commensurate with the years of practice, granting her prayer for modification. This adjustment was to take effect immediately. The court also disposed of a similar application by Sidharth Luthra, granting the same relief. The matters were scheduled for further consideration on 12.05.2022.
Headnote
A) Administrative Law - Senior Advocate Designation - Marks Allocation - Supreme Court of India, 2022 - The court clarified that one mark each should be allocated for every year of practice between ten to twenty years for Senior Advocate designation, modifying previous guidelines. This adjustment was made to ensure fair recognition of counsel's experience, effective from the date of the order. Held that the modification aligns with the standing of the counsel at the Bar (Paras 4-4).
Issue of Consideration
Whether the allocation of marks for Senior Advocate designation should be adjusted based on years of practice.
Final Decision
The court clarified that one mark each should be allocated for every year of practice between ten to twenty years for Senior Advocate designation, modifying previous guidelines. This adjustment was made effective immediately.
Law Points
- Senior Advocate designation
- marks allocation
- judicial clarification
