No Strict Age Bar Of 45 Years For Senior Designation, But Only Exceptional Advocates Be Designated Below This Age : Supreme Court

The Supreme Court, on Friday, clarified that it is not in favour of restricting conferment of designation of Senior Advocate only to Advocates who are above 45 years of age. Candidates below the said age should be considered if they display that extra bit of ability to be designated.

“While we would not like to restrict applications only to advocates who are above 45 years of age, only exceptional advocates should be designated below this age”, said a Bench comprising Justice Sanjay Kishan Kaul, Justice Ahsanuddhin Amanullah and Justice Aravind Kumar, while delivering judgment in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India).

The 2017 judgment laid down guidelines to bring in greater transparency and objectivity in the designation process. The guidelines were framed within the scope of Section 16 of the Advocates Act, which empowers Supreme Court and the High Courts to designate Senior Advocates. The 2017 judgment was given effect to by the Supreme Court in 2018 when it introduced the Supreme Court Guidelines to Regulate Conferment of Designation of Senior Advocates, 2018.

The Bench made it clear that younger advocates (below 45 years of age) are not precluded from applying for designation. It was pointed out that the 2018 Guidelines of the Supreme Court only requires the fulfilment of the criteria of 10 years of practice. However, the Bench acknowledged that usually advocates above the age of 45 years are designations in the Supreme Court. It clarified, that 45 years is not a bar and exceptional advocates below the said age should be also designated as Senior Advocates. Finally, it left this aspect to the wisdom of the Permanent Committee and the Full Court.

Other reports about the judgment can be read here.

[Case Title: Indira Jaising v. Supreme Court of India MA 709/2022 in WP(C) No. 454/2015]

Citation : 2023 LiveLaw (SC) 425

Click here to read the judgment