"Old Boys' Club": Sr Adv Indira Jaising Asks Bombay High Court To Do Away With Endorsement Criteria For Senior Designations

Jaising's letter states that such a requirement under Rule (e) of the Bombay High Court (Designation of Senior Advocates) Rules, 2018 would "create hurdles" in female lawyers or minorities being designated as senior advocates and shouldn't be a criterion even as per the Supreme Court.

"There are deserving people specially belonging to marginalised communities who would not get designated merely because they are not a part of the traditional old boys' club of designated seniors. It is well known that such networks have thrived in the legal profession and the designation of a woman or a person belonging to a minority is still a rarity."

Earlier this month, Registrar General of the Bombay High Court RN Joshi published a notice inviting advocates to submit applications in the prescribed form between December 1, 2022 – December 31, 2022.

In her e-mail Jaising cited the criteria laid down by the Supreme Court to designate lawyers as senior advocates in a petition she filed (Indira Jaising v. Supreme Court of India, (2017) 9 SCC 766) which focuses on an objective evaluation.

"The object of the Supreme Court in laying down the exhaustive guidelines and a marking criterion was to make the process of designation of senior advocates which was hitherto shrouded in mystery. It must be noted that in these guidelines and the marking criteria, there is no requirement of submitting letters of references from two Senior Counsels."

She pointed out that a similar rule was challenged in the Delhi High Court which mandated a joint proposal by three senior advocates for a lawyer to apply for senior designation. The rule was subsequently withdrawn vide a public notice dated 14.08.2022, the email read.

A point system for evaluation recommended by the Supreme Court is "self-contained" enabling the Court to evaluate the merit of the applicant without a recommendation from any other person. "It is submitted that prior to the judgement there were circumstances in which considerations other than merit acquired more weightage."

Jaising has sought for the rule to be deleted and in the interim to allow advocates applying for designation without any recommendation letter.