Plea Seeking Senior Designation To All Lawyers Having A Practice Of 30Yrs And More: CJI Recuses From Hearing

Update: 2019-02-25 08:39 GMT
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Chief Justice Ranjan Gogoi on Monday recused himself from hearing a plea for all advocates with a practice spanning over a tenure of 30 years or more to be designated as "senior". "You have to file for review", said the Chief Justice at the outset. "Your Lordships don't hear me! That is the problem! Your Lordships have designated as many as 25 retired High Court judges Senior...

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Chief Justice Ranjan Gogoi on Monday recused himself from hearing a plea for all advocates with a practice spanning over a tenure of 30 years or more to be designated as "senior".

"You have to file for review", said the Chief Justice at the outset.

"Your Lordships don't hear me! That is the problem! Your Lordships have designated as many as 25 retired High Court judges Senior Advocates...", Advocate Mathews Nedumpara sought to submit for the petitioner-organisation 'National Lawyers' Campaign for Judicial Transparency and Reform"

Then, Chief Justice Gogoi chose to withdraw from the matter, directing that it be listed before another bench.

In a judgment authored by himself, in October, 2017, the Chief Justice had, on a petition moved by Senior Advocate Indira Jaising, stipulated norms to henceforth govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country. 

Accordingly, All matters relating to designation of Senior Advocates are to be dealt with by a Permanent Committee headed by the Chief Justice of India and consist of two senior-most Judges of the Supreme Court of India (or High Court(s), as may be) and the Attorney General for India (Advocate General of the State in case of a High Court).

Subsequently, in August last year, the Supreme Court, on the administrative side, had issued guidelines to Regulate Conferment of the Designation. As far as eligibility is concerned, a lawyer shall be eligible for designation as Senior Advocate only if he has 10 years combined standing as an advocate or a District Judge, or as a Judicial Member of any Tribunal whose qualification for eligibility isn't less than that prescribed for a District judge. Retired Chief Justices or judges of the High Courts are also eligible for the distinction. 

In September, 2018, The apex court had designated 25 former Chief Justices and judges of High Courts as Senior Advocates. 

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