SC decides to keep lawyers out of panel to designate senior advocates

NEw DelhiThe replete(p) Bench of the sublime margaret court has decided to stay fresh come out lawyers from the process of designating senior advocates, marking a departure from the existing practice since 2017, in the latest Guidelines that was approved on Tuesday.The new rules titled “Guidelines for Designation of Senior Advocates by the Supreme Court of India, 2026” released by the top court on Wednesday carried out changes in the designation process as declared by a May 13, 2025 decision by a three-judge bench. This judgment proposed sweeping changes to the existing 2023 Guidelines, which included doing away with the points-based assessment of lawyers.As per the earlier guidelines, the designation was to be recommended by a Permanent Committee at the Supreme Court comprising Chief Justice of India (CJI), two senior most judges of the top court, and two lawyer representatives - Attorney General and an eminent senior lawyer from the Bar to be selected jointly by the remaining four members.While the May 2025 judgment did not direct a change in the committee’s composition but strongly advocated for a reconsideration on keeping lawyers out of the process, the Full Court of CJI and all judges of the top court that met on Tuesday decided to limit the committee’s composition to CJI and the two senior most judges. This committee will also determine the composition of the Permanent Secretariat meant to assist in this process.Senior advocates are designated under Section 16 of the Advocates Act, 1961. It is an honour conferred by the high court or Supreme Court to lawyers having an eminent standing, ability and knowledge or experience of law at the Bar.In 2017, by a judicial decision in the Indira Jaising case, a committee replaced the Full Court in determining senior advocate designations based on a points-based objective criteria. It included years of experience, contribution to judgments, publications, and expertise in any domain of law.In 2023, Indira Jaising case was modified and the amended Guidelines remained in vogue till questions of its efficacy were raised by a two-judge bench in Jitender @ Kalla vs. State in February 2025. This decision was referred to CJI who formed a three-judge bench (as the 2017 and 2023 decisions were also by bench of same strength) that delivered the final decision in May last year.The May 2025 judgment ended the points system and holding of interviews and said that the decision to confer designation shall be that of the Full Court of the Supreme Court or high courts. Lawyers with minimum of 10 years standing at the Bar were eligible to apply with the process of calling for senior designation to be held at least once in a year.On composition of committee, the judgment said, “From what we have seen during the seven and a half years after Indira Jaising-1 (2017), perhaps, the involvement of the members of the Bar in the process calls for serious reconsideration.”While the directions of the 2025 judgment have been incorporated by the Full Court, the only change pertains to the committee composition and extending the eligibility even to lawyers with at least 10 years combined standing as a lawyer or judicial officer of any court or tribunal.The guidelines prescribe a minimum age of 45 years for becoming senior advocate that may be relaxed in suitable cases by Full Court. The candidates for designation would be judged on four criteria - ability, standing at the bar, special knowledge of law and no criminal antecedents.