The Supreme Court recently stated that fulfilling the age of above 45 years cannot be an absolute approach to awarding the Senior designation to the advocates. The court believed that an advocate below 45 years of age could be promoted to the senior post if any exceptional abilities denote. In Indira Jaising v. Supreme Court of India, the judgment imposed certain new modified guidelines which were aimed to boost the transparency and rationality in the promotion of the senior designation in 2017. The Supreme Court had introduced certain new guidelines within the scope of Section 16 of the Advocates Act, which talks about the same[1].However, in 2018 the effect of the 2017 judgment from Indira Jaising v. Supreme Court of India came into the picture when the top court introduced some new guidelines in order to regulate the Conferment of Designation of Senior Advocated, 2018[2].
The court mentioned that the age criteria of 45 years in order for the designation is not a sole approach. 10 years of practice in the High Court is the minimum eligibility criteria that need to get satisfied for the claim of the Senior Advocate designation. The court further elucidates that the 45 years of age in deciding the Senior post cannot be the bar[3]. Hence, the modification of 2018 gave the advocates (of less than 45 years of age) an opportunity to ensure their promotion to Senior Advocate despite the age factor. The guidelines also ensured the formation of the Permanent Committee comprising the Chief Justice of India along with two Senior judges, the Attorney, the Advocate General of the state, and the member nominated by the Bar association[4].
Written by- Aniruddh Atul Garg, student at ILSR, GLA University, Mathura, 2nd Semester, an intern under Legal Vidhiya
[1] LIVE LAW, https://www.livelaw.in/top-stories/supreme-court-senior-designation-45-years-age-bar-exceptional-young-advocates-228597 (last visited 15th May, 2023).
[2] Ibid
[3] Ibid
[4] LAW TREND, https://lawtrend.in/for-sc-advocates-below-45-years-of-age-can-be-designated-as-senior-advocate-only-in-exceptional-circumstances/amp/ (last visited 15th May, 2023).
0 Comments