- News: Supreme Court of India issued guidelines for designation of Senior Advocates by the Supreme Court.
- How is a Senior Advocate Designated?
- Under Section 16 of the Advocates Act, 1961, the Supreme Court or a High Court can designate an advocate as “Senior” if they believe the lawyer deserves the distinction.
- According to the latest 2026 Guidelines, the process is managed by a Permanent Committee consisting of:
- The Chief Justice of India (Chairperson).
- Two senior-most Judges of the Supreme Court.
- What are the Eligibility Criteria: An advocate must meet several strict requirements:
- Experience: At least 10 years of standing as an advocate, or a combined 10 years including service as a District & Sessions Judge or a member of a judicial tribunal.
- Age: A minimum of 45 years of age (though the Full Court can relax this in special cases).
- They must be primarily practicing in the Supreme Court.
- Merit: The decision is based on their ability, standing at the Bar, and special knowledge or experience in specific branches of law like Arbitration, Tax, or Corporate law.
- Selection Process for Senior Advocate :
- Consensus: The Full Court (all judges) tries to reach a unanimous agreement.
- Majority: If consensus isn’t possible, a majority vote is taken by secret ballot but only in exceptional cases, with specific reasons recorded.
- What are the Restrictions on Senior Advocates?
- No Direct Clients: They cannot accept instructions or “briefs” directly from a client; they must be briefed by a junior advocate.
- No Paperwork: They are restricted from filing a Vakalatnama (the document authorizing a lawyer to act for a client) and cannot draft pleadings or affidavits.
- Mandatory Junior: They cannot appear in court without an Advocate-on-Record (AoR) or a junior advocate to assist them.
- Essentially, a Senior Advocate’s role is narrowed down to arguing the case in court, relying on the background work and drafting done by their junior colleagues.
