In a significant legal development, the Supreme Court on Thursday raised concerns over the current process for the designation of Senior Advocates, prompting a referral of the matter to the Chief Justice of India (CJI) for further review.
The critique was voiced by a two-judge bench consisting of Justice Abhay S Oka and Justice Ujjal Bhuyan. They emphasized that their reservations were not meant to undermine the authority of previous judgments, particularly those in the Indira Jaising case of 2017 and 2023, but rather to highlight areas in the designation process that may require reassessment.
Key concerns identified by the bench include the limited ability of a brief interview to accurately assess an advocate’s qualifications, the potential for bias in evaluating advocates with pending disciplinary issues, and the intensive demand placed on the Permanent Committee to thoroughly review numerous detailed submissions by candidates.
This decision comes amid ongoing debate within the legal community about the transparency and fairness of the Senior Advocate designation process. The bench has instructed the Registrar General to ensure that the matter is brought before the CJI to consider convening a larger bench to address these issues comprehensively.
Additionally, the bench addressed concerns regarding the duties and responsibilities of Advocates-on-Record (AoRs), underscoring their critical role in maintaining the integrity of the judicial process by ensuring accurate and honest case representations to the court.
The case that triggered these judicial deliberations involved allegations of misconduct by Senior Advocate Rishi Malhotra, who was accused of making false statements in multiple remission pleas. The repercussions of these allegations led to a broader scrutiny of the ethical obligations of AoRs, culminating in today’s call for a reevaluation of the senior designation system.
This move by the Supreme Court highlights the ongoing efforts to enhance the accountability and effectiveness of legal practices at the highest levels of India’s judicial system.
