In a significant judgment on Monday, the Supreme Court restored the Orissa High Court’s authority to suo motu designate lawyers as Senior Advocates, setting aside a 2019 High Court ruling that had invalidated this power.
A Bench of Justices JB Pardiwala and R Mahadevan ruled that Rule 6(9) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019, which allows the full court to confer senior advocate status on lawyers without the need for a written application or judge’s recommendation, is constitutionally valid.
The Supreme Court observed that the legal position had already been settled earlier this year in the case of Jitender @ Kalla v. State of NCT of Delhi, where it reaffirmed that suo motu designations are permissible as long as they meet principles of fairness, transparency, and objectivity.
The controversy dates back to 2019, when the Orissa High Court invoked its newly framed rules to designate five lawyers as Senior Advocates on its own motion. This move was challenged by four other lawyers, who argued that the Supreme Court’s landmark judgment in Indira Jaising v. Supreme Court of India had only allowed two routes for senior designations: either through an application by the advocate or a written proposal by a judge.
In May 2021, the Orissa High Court sided with the challengers, holding that there was no legal basis for the court to designate seniors suo motu. However, recognizing that the five designated lawyers were not at fault, the High Court allowed them to retain the senior gown temporarily while fresh applications were reviewed.
The Supreme Court’s latest ruling settles this dispute, confirming that the suo motu provision under Rule 6(9) is valid unless expressly changed by the High Court itself. Importantly, the apex court also upheld the senior designations conferred in 2019, ensuring that the five lawyers continue to enjoy their status.
This decision not only provides clarity on the process of senior advocate designations in Orissa but may also serve as guidance for other High Courts on balancing procedural flexibility with constitutional safeguards.
Key Takeaways:
- Supreme Court validates Orissa High Court’s power to suo motu designate Senior Advocates.
- Upholds Rule 6(9) of the 2019 designation rules.
- Confirms 2019 senior designations of five lawyers will remain valid.
- Reaffirms earlier ruling in Jitender @ Kalla on fairness and transparency in such processes.
