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TMI Blog2017 (10) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... . The above four Members of the Permanent Committee will nominate another Member of the Bar to be the fifth Member of the Permanent Committee; III. The said Committee shall have a permanent Secretariat the composition of which will be decided by the Chief Justice of India or the Chief Justices of the High Courts, as may be, in consultation with the other Members of the Permanent Committee; IV. All applications including written proposals by the Hon’ble Judges will be submitted to the Secretariat. On receipt of such applications or proposals from Hon’ble Judges, the Secretariat will compile the relevant data and information with regard to the reputation, conduct, integrity of the Advocate(s) concerned including his/her participation in pro-bono work; reported judgments in which the concerned Advocate(s) had appeared; the number of such judgments for the last five years. The source(s) from which information/data will be sought and collected by the Secretariat will be as decided by the Permanent Committee; V. The Secretariat will publish the proposal of designation of a particular Advocate in the official website of the concerned Court inviting the suggestions/views of other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnation of Senior Advocates by recently introduced method of vote is arbitrary and contrary to the notions of diversity violating Articles 14, 15 and 21 and therefore, it is unconstitutional and null and void; and ( b) Issue writ order or direction for appointment of a permanent Selection Committee with a secretariat headed by a lay person, which includes the Respondent 4 Attorney General of India, representatives from the Respondent 5 SCBA and the Respondent 6- AOR Association and academics, for the designation of Senior Advocates on the basis of an assessment made on a point system as suggested in Annexure P8; and ( c) Issue a writ of mandamus or direction directing the Respondent-1 representing Chief Justice and Judges of the Supreme Court to appoint a Search Committee to identify the Advocates who conduct Public Interest Litigation (PIL) cases and Advocates who practice in the area of their Domain Expertise viz., constitutional law, international arbitration, inter-State water disputes, cyber laws etc. and to designate them as Senior Advocates; ( d) Issue a writ of mandamus or direction directing the Respondent-1 representing Chief Justice and Judges of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtually treating the Intervention application filed to be a substantive writ petition. Over and above, there is a writ petition filed before the Delhi High Court which has been transferred to this Court for being heard along with Writ Petition (C) No. 454 of 2015. In the said writ petition (Writ Petition (C) No. 6331 of 2016 titled National Lawyers Campaign for Judicial Transparency and Reforms and Anr. vs. The Bar Council of India Anr ) Section 16 of the Act as well as Rule 2 of Chapter IV of the Supreme Court Rules 2013 has been challenged as constitutionally impermissible. Alternatively, it has been prayed that the designation of Senior Advocates by the Supreme Court of India as well as the High Courts of the country be rationalized by laying down acceptable parameters to govern the exercise of designation. There is yet another connected writ petition i.e. Writ Petition (C) No. 33 of 2016 filed by The High Court of Meghalaya Bar Association, which was heard by this Court separately on 14.09.2017. In the aforesaid writ petition the validity of the guidelines framed by the High Court of Meghalaya for designation of Senior Advocate(s) on 13.1.2016 is under challenge. By the afor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... history of England, justice was crudely and arbitrarily administered. The village moots, the shire courts, and in feudal times, the barons courts, administered justice without formality. A lawyer was not a necessity. ( Robbins, American Advocacy, page 4; Origin and Development of Advocacy as a Profession , Virginia Law Review Volume 9, No. 1 (November, 1922), page 28.) During these times, the practice of advocacy was within the realm of priests, monks (it be reminded, that these are the times when the Church Law/Canon Law prevailed). While the priests/the clergy would be insistent upon the study and application of the Civil Law and Common Law and of the hybrid of both, the nobility/laity (privileged class/aristocracy, but not privileged to undertake priestly responsibilities) would adhere to the Common Law. This led to dissatisfaction amongst both these classes (clergy and nobility). The early English lawyers, in the main, seem to have been ecclesiastics, but about the year 1207, priest, and persons in holy orders generally were forbidden to act as advocates in the secular courts, and from thenceforward we find the profession composed entirely of a specially trained clas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed and most prominent jurists during the 13th to 16th century i.e. during the period when the most of the civil litigation would be carried out at the Court of Common Pleas. 10. After this point of time, these awe-inspiring class of legal practitioners witnessed a decline. The descent in their Order has been referenced to the rise of Crown Law Officers like the Attorney-General, Solicitor General. These Crown Law Officers were retained by the monarch as Counsels-in-Ordinary ; however, the eminent order of serjeants sustained a more perilous dent in the 16 th century when the Office of Queen s Counsel came to fore. This was an unprecedented office. In the year 1597, Francis Bacon was appointed by Queen Elizabeth I as Learned Counsel Extraordinary , without patent (i.e. it was not a formal order). In 1603, the King designated Francis Bacon as the King s Counsel, and bestowed upon him the right of pre-audience and precedence, and a few years later, in 1670, it was declared that the serjeants shall not take precedence over this new league of officers, thus relegating the otherwise eminent serjeants to a somewhat subordinate position, and eventually their decline. The fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Some of the observations recorded in the said report would be worthy of notice for the purpose of appreciating the issues that have arisen before us. We would therefore reproduce the relevant extracts of the report hereinafter. 276. The appointments system (despite recent reform following the Peach report) does not appear to operate as a genuine quality mark. The system is secretive and, so far as we can tell, lacks objective standards. It also lacks some of the key features of a recognised accreditation system, such as examinations, peer review, fixed term appointments and quality appraisal to ensure that the quality mark remains justified. We were told that many solicitors and some barristers criticise the lack of objectivity of the system. 277. xxx 278. In our view, therefore, the existing Queen s Counsel system does not operate as a genuine quality accreditation scheme. It thus distorts competition among junior and senior barristers. Our evidence indicates that clients do not generally need the assistance of a quality mark, but if there is to be such a scheme, it should be administered by the profession itself on transparent and objective grounds. Furthermore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obtaining representation from all quarters - like, women, LGBTQ community, other ethnicities, persons with disabilities. 14. At this stage, we may take notice of what is the prevailing practice in some other jurisdictions. NIGERIA ( Nomenclature- Senior Advocate of Nigeria) The Legal Practitioners Privileges Committee (established under the Legal Practitioners Act, 2004) may, by instrument, confer on a legal practitioner the rank of Senior Advocate of Nigeria. The award of the rank of Senior Advocate of Nigeria is a privilege awarded as mark of excellence to members of the legal profession who are in full time legal practice; who have distinguished themselves as advocates; who have made significant contribution to the development of the legal profession. The Committee shall consist of the Chief Justice (as Chairman); the Attorney General; one Justice of the Supreme Court; the President of the Court of Appeal; five Chief Judges of the States; Chief Judge of the Federal High Court; five legal practitioners who are Senior Advocates of Nigeria. 1. Principles : The award shall be an independent indication of excellence in the legal profession. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cular significance to the evaluation of his competence in legal practice and contribution to the development of the law. 5. Competence/Yardsticks : A Candidate must (a) demonstrate high professional and personal integrity; (b) be honest and straightforward in all his professional/personal dealings; (c) be of good character and reputation; (d) be candid with clients and professional colleagues; (e) demonstrate high level of understanding of cultural and social diversity characteristic of the Nigerian society; (f) show observance of the Code of Conduct and Etiquette at the Bar; (g) demonstrate tangible contribution to the development of the Law through case Law or publications in recognized journals at national/international conferences considered by the Committee to be of particular significance; (h) have been involved in the provision of at least 3 pro bono legal services for indigent clients or some form of community services. 6. Oral Interview : There will be oral interview at the final stage to enable the Committee to verify the information provided and afford the committee a further opportunity to ascertain the candidates competence. Before the oral interview, the nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onths, and if desired, a longer period: (a) the name of the case and, if available, its citation; (b) the name of the judicial officer, tribunal or arbitrator before whom they appeared; (c) the name of any counsel who led them or whom they led; (d) the name of opposing counsel; (e) the name of their instructing solicitor; and (f) a brief description of the nature of the proceedings. The details required in (a) to (f) may be modified in alternative dispute resolution matters or otherwise when confidentiality required. The applicants must also identify not more than five members of the profession who are familiar with their recent work and qualities (references). Criteria for selection : The following qualities are required to a high degree before the appointment: (a) learning: Must be learned in the law so as to provide sound guidance to their clients and to assist in the judicial interpretation and development of the law. (b) Skill: Must be skilled in the presentation and testing of litigants cases, so as to enhance the likelihood of just outcomes in adversarial proceedings. (c) Integrity and honesty: Must be worthy of confidence and implicit t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Selection Committee must seek comments on each applicant from the following members of the private bar and the judiciary: (a) All Senior Counsel and Queens Counsel Members; (b) The President of the Court of Appeal; (c) The Chief Justice of the Supreme Court of the ACT; (d) Judges of the Supreme Court of the ACT; (e) Master of the Supreme Court of the ACT; (f) The Chief Magistrate of the ACT Magistrates Court; (g) The Chief Justice of the Federal Court of Australia; (h) The Chief Justice of the Family Court of Australia; (i) Other senior members of any other courts or tribunals in which the Selection Committee considers the applicant to have practiced to a substantial extent; and (j) The President of the ACT Law Society. The President may, consult with as many other additional legal practitioners or members of the judiciary or other persons as is considered to be of assistance in consideration of the applications. He may also consult with any of the persons for whom comments have already been received, for the purposes of further discussion and clarification in considering the applications. The President and Assisting Counsel shall, after taking into account all comments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication under section 82A(10) or 98(1) - a) the Senior Counsel is suspended from practice or struck off the roll; or b) a court of 3 Judges of the Supreme Court recommends that the appointment of the Senior Counsel be revoked. 6. No person shall be appointed as a Senior Counsel unless he has for an aggregate period of not less than 10 years been an advocate and solicitor or a Legal Service Officer or both. 7. On 21st April 1989, those persons who, on the date immediately preceding that date, are holding office as the Attorney-General and the Solicitor-General shall be deemed to have been appointed as Senior Counsel under this section. 8. Any person who, on or after 1st June 2007, holds office as the Attorney-General, a Deputy Attorney-General or the Solicitor-General shall, if he is not a Senior Counsel, be deemed to have been appointed as Senior Counsel under this section on that date or the date on which he is appointed Attorney-General, Deputy Attorney-General or Solicitor-General, whichever is the later. IRELAND ( Nomenclature Senior Counsel) The Legal Services Regulation Act, 2015 s Part 12 (Patents of Precedence) provides for the process of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter of choice for any Advocate, who had completed 10 years of practice and who was otherwise willing to abide by certain conditions, e.g., not to directly deal with clients or file papers and documents in the courts etc. Designations which were exclusively dealt with by the Bar came to be vested in the Supreme Court with the enactment of the Supreme Court Rules of the year 1966. Similar was the earlier position in the Bombay High Court. The change in the scenario could be attributed to the enactment of the Advocates Act, 1961 whereunder the task of designating Senior Advocate was, for the first time, statutorily entrusted to the Supreme Court/High Courts. Section 16 of the Act which deals with the matter and has led to the present debate, is in the following terms. 16. Senior and other advocates.- ( 1) There shall be two classes of advocates, namely, senior advocates and other advocates. ( 2) An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability standing at the Bar or special knowledge or experience in law he is deserving of such distinction. ( 3) S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate being designated as a senior advocate, the Registrar shall communicate to all the High Courts and the Secretary to the Bar Council of India and the Secretary of the State Bar Council concerned the name of the said Advocate and the date on which he was so designated. 17. So far as the practice prevailing in the Supreme Court of India for designation of senior advocates is concerned, from the Affidavits filed on behalf of the Registry of the Supreme Court it seems that the essence of the practice in vogue is that 20 years of combined standing as an Advocate or a District and Sessions Judge or a Judicial Member of any Tribunal (qualification for eligibility for appointment in such Tribunal should not be less than what is prescribed for appointment as a District Judge), entitles an Advocate to apply for being designated as a Senior Advocate by the Supreme Court. A relaxation to the aforesaid requirement i.e. length of practice was recommended in the year 1996 by an Administrative Committee of three Hon ble Judges which also appears to have been acted upon in specific cases. All applications received are circulated to the Hon ble Chief Justice and all Hon ble Judges. Only th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommittee shall scrutinize the applications and recommend the candidates who are worthy to be considered by the Full-Court. (VI) The Full-Court shall deliberate upon the applications recommended by the standing committee and the Full-Court shall vote upon such applications by casting secret ballots. (VII) Any applicant who gets the votes of 2/3rd of the Judges, or more, is conferred the designation of a Senior Advocate. If a particular application is rejected by the High Court, then such advocate will not be considered for a subsequent period of two years. ( 2). HIGH COURT OF TRIPURA The High Court of Tripura has published a Notification on the 17th of July, 2013, and has crystallized the procedure in order to designate advocates as a Senior Advocate: (I) The advocate seeking designation shall not be less than 45 years of age at the time of moving an application and he must have practiced at the Bar for not less than 15 years. The advocate must be enrolled with the Bar Council of Tripura and he must be primarily practicing before the High Court of Tripura or the courts subordinate to the High Court. (II) The application for consideration in reference to an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, through a simple majority of votes, if the High Court is of the opinion that such advocate is not worthy of the designation any more. ( 5). HIGH COURT OF GUWAHATI The High Court of Guwahati has published a Notification on the 09th of September, 2011, and has crystallized the procedure in order to designate advocates as a Senior Advocate: (I) The application seeking consideration shall be moved either by the Advocate-General for a State, two senior advocates practicing before the High Court of Guwahati or suo motu by the High Court. (II) The advocate shall not be less than 35 years of age at the time of moving an application and he must have an experience which is not less than 10 years either at the Bar or at the State Judicial Services. The advocate is also required to have practiced before a court under the jurisdiction of the High Court of Guwahati for a term which is not less than 05 years. (III) The advocate must have a net annual taxable income which is not less than two lakh rupees and he must be a permanent resident of a State falling under the jurisdiction of the High Court of Guwahati. The advocate is also required to be enrolled with the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advocates. The recommendations of the committee are placed before the Full-Court for consideration. The advocate must secure votes of at least 2/3rd of the Judges of the Full-Court in order to be designated as a Senior Advocate. The advocates rejected by the High Court will not be considered for a subsequent term of two years. ( 8). HIGH COURT OF MEGHALAYA The High Court of Meghalaya has the following procedure in order to designate advocates as a Senior Advocate: (I) The application seeking designation may be moved by a Judge of the High Court, the Advocate-General for Meghalaya or by three senior advocates practicing before the High Court. (II) The advocate shall not be less than 35 years of age and he shall have an experience which is not less than 10 years at the Bar. The experience accrued by the advocate at the State Judicial Services is considered towards the overall experience. (III) The advocate must secure votes of at least 2/3rd of the Judges of the Full-Court in order to be designated as a Senior Advocate. The advocates rejected by the High Court will not be considered for a subsequent term of two years. ( 9). HIGH COURT AT HYDERABAD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the preceding five years. (III) An advocate must secure a simple majority of votes cast at the meeting of the Full-Court in order to secure the designation of a Senior Advocate. The advocates rejected by the High Court will not be considered for a subsequent period of two years. ( 12). HIGH COURT OF PUNJAB AND HARYANA The High Court of Punjab and Haryana has published a Notification on the 31st of January, 2007, and has crystallized the procedure in order to designate advocates as a Senior Advocate: (I) The advocate seeking designation must have an experience which is not less than 15 years at the Bar. (II) The advocate must have a net annual taxable income which is not less than 15 lakh rupees for the preceding two years and a net annual taxable income which is not less than 10 lakh rupees over the preceding three years. The application for consideration must be moved on behalf of the advocate by two senior advocates practicing before the High Court. (III) The Full-Court may designate an applicant as a Senior Advocate through a simple majority. The Judges are allowed to abstain from the voting procedure. The advocates rejected by the High Court will not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asting secret ballots and the advocate must secure a simple majority of votes for designation. ( 16). HIGH COURT OF KERALA The High Court of Kerala has published a Notification on the 18th of January, 2000, and has crystallized the procedure in order to designate advocates as a Senior Advocate: (I) The application seeking designation may be moved by the advocate himself, by two senior advocates practicing before the High Court or may be considered by the High Court suo motu. (II) An advocate must not be less than 45 years of age and must have an experience which is not less than 15 years at the time of consideration. The advocate must also have a net annual taxable income which is not less than two lakh rupees over the preceding three years. (III) The Full-Court will cast votes through secret ballots and the advocate must secure at least 2/3rd of the votes for designation. The advocates rejected by the High Court will not be considered for a subsequent term of two years. ( 17). HIGH COURT OF BOMBAY The High Court of Bombay has published a Notification on the 28th of August, 2013, and has crystallized the procedure in order to designate advocates a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation on the 10th of December, 2010, and has crystallized the procedure in order to designate advocates as a Senior Advocate: (I) The applications seeking designation must be moved with the consent of the advocate by seven senior advocates practicing before the High Court. (II) The advocate so recommended must have an experience which is not less than 20 years at the Bar. (III) The Full-Court will vote by casting secret ballots and the advocate must secure a simple majority for the designation. The advocates rejected by the High Court will not be considered for a subsequent term of two years. ( 21). HIGH COURT OF SIKKIM The High Court of Sikkim has published a Notification on the 05th of June, 2009, and has crystallized the procedure in order to designate advocates as a Senior Advocate: (I) The applications seeking designation may be moved by a Judge of the High Court, Advocate-General for Sikkim or two senior advocates practicing before the High Court. (II) The advocate must not be less than 35 years of age and he must have an experience which is not less than 10 years at the Bar. The advocate is also required to have a net annual taxable income which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt, through a simple majority, is also empowered to strip an Advocate off this designation if the High Court is of the opinion that such advocate is not worthy to hold the distinction any more. 19. We may now proceed to take up the cases in such seriatim as would be required. I.A. NO.53321 OF 2017 IN WRIT PETITION (CIVIL) NO.454 OF 2015 [FILED BY GUJARAT HIGH COURT ADVOCATE S ASSOCIATION] TRANSFERRED CASE NO.1 OF 2017 [I.E. WRIT PETITION (CIVIL) NO.6331 OF 2016 FILED BY THE NATIONAL LAWYERS CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS] 20. We have heard Shri Ashim Anand, learned counsel appearing for the applicant (Gujarat High Court Advocate s Association), Shri Mathews J. Nedumpara, learned counsel for the petitioner in Transferred Case No.1 of 2017, Shri R.S. Suri, learned Senior Counsel, who is also the President, Supreme Court Bar Association, Shri Annam D.N. Rao, learned counsel for the Supreme Court of India through Secretary General and the learned counsels for the interveners. 21. The challenge to Section 16 of the Act and Order IV rule 2 of the Supreme Court Rules, 2013 is primarily founded on the basis that the classification made resulting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n challenged on the ground that the same violates Article 18 of the Constitution of India which imposes an embargo on conferment of title by the State. Though state honours like Bharat Ratna , Padma Vibhushan etc. are still being conferred, the said honours are not prefixed or suffixed to the names of the recipients unlike that of a Senior Advocate . The conferment of designation being an instance of exercise of the administrative power of the Supreme Court and the High Courts the same is contrary to the mandate of Article 18 of the Constitution of India, it is argued. 22. We have considered the matter. 23. The exercise of the power vested in the Supreme Court and the High Courts to designate an Advocate as a Senior Advocate is circumscribed by the requirement of due satisfaction that the concerned advocate fulfills the three conditions stipulated under Section 16 of the Advocates Act, 1961, i.e., (1) ability; (2) standing at the bar; and/or (3) special knowledge or experience in law that the person seeking designation has acquired. It is not an uncontrolled, unguided, uncanalised power though in a given case its exercise may partake such a character. However, the possibil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ass the test of constitutionality and the endeavour should be to lay down norms/guidelines/parameters to make the exercise conform to the three requirements of the Statute already enumerated herein above, namely, (1) ability of the advocate concerned; (2) his/her standing at the bar; and (3) his/her special knowledge or experience in law. 25. I.A. NO.53321 of 2017 in Writ Petition (Civil) No.454 of 2015 filed by the Gujarat High Court Advocates Association is accordingly disposed of in the above terms. So is the Transferred Case No.1 of 2017 [i.e. Writ Petition (Civil) No.6331 of 2016 filed by the National Lawyers Campaign for Judicial Transparency and Reforms in the Delhi High Court]. WRIT PETITION (CIVIL) NOS.33 AND 819 OF 2016 [FILED BY THE HIGH COURT OF MEGHALAYA BAR ASSOCIATION, SHILLONG] 26. As already indicated, the grievance of the petitioner in these writ petitions is with regard to the amendment of the guidelines framed by the High Court of Meghalaya governing the issue of designation of Senior Advocates. The grievance specifically is directed against the amendment dated 31st March, 2015 by which the requirement of 05 years practice in any Court within the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est that in the process of designation some amount of say of the Bar by including participation of the representatives of the Bar should be provided. The representatives of the Bar can provide valuable inputs to the Hon ble Judges who may not be, at all times, familiar with the credentials of a person seeking designation as a Senior Advocate. It is urged that this is particularly true in the case of the Supreme Court of India where the Hon ble Judges hold office for short tenures and may not have had the opportunity to experience the conduct of cases by a particular advocate seeking designation. 30. Ms. Indira Jaising, who has spearheaded the entire exercise before the Court, at no stage, pressed for declaration of Section 16 of the Act or the provisions of the Supreme Court Rules, 2013 as unconstitutional. Her endeavour, particularly in the rejoinder arguments, has been to make the exercise of designation more objective, fair and transparent so as to give full effect to consideration of merit and ability, standing at the bar and specialized knowledge or exposure in any field of law. 31. Both Section 16(2) of the Act and Order IV rule 2 of the Supreme Court Rules, 2013 are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgment in Sheo Nath Singh v. CIT, SCR at p. 182. In that case it was held as under: (SCC p. 239, para 10) 10. There can be no manner of doubt that the words reason to believe suggest that the belief must be that of an honest and reasonable person based upon reasonable grounds and that the Income Tax Officer may act on direct or circumstantial evidence but not on mere suspicion, gossip or rumour. The Income Tax Officer would be acting without jurisdiction if the reason for his belief that the conditions are satisfied does not exist or is not material or relevant to the belief required by the section. The Court can always examine this aspect though the declaration or sufficiency of the reasons for the belief cannot be investigated by the Court. 32. What is merit? Is it the academic qualification or brilliance or is it something more? The matter has been considered earlier by this Court in K.K. Parmar vs. High Court of Gujarat (2006) 5 SCC 789 . Placing reliance on an earlier view in Guman Singh vs. State of Rajasthan (1971) 2 SCC 452 it has been held that: 27. Merit of a candidate is not his academic qualification. It is sum to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the country including the Supreme Court. The sole yardstick by which we propose to introduce a set of guidelines to govern the matter is the need for maximum objectivity in the process so as to ensure that it is only and only the most deserving and the very best who would be bestowed the honour and dignity. The credentials of every advocate who seeks to be designated as a Senior Advocate or whom the Full Court suo motu decides to confer the honour must be subject to an utmost strict process of scrutiny leaving no scope for any doubt or dissatisfaction in the matter. 34. A word with regard to minimum age and income as conditions of eligibility would be appropriate at this stage. From the narration contained hereinabove with regard to the norms and guidelines prevailing in different High Courts, it is evident that varying periods of practice and different slabs of income have been, inter alia, prescribed as minimum conditions of eligibility for consideration for designation as a Senior Advocate. If merit and ability is to be the determining factor, in addition to standing in the Bar and expertise in any specialized field of law, we do not see why we should insist on any minimum in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Advocate(s) concerned including his/her participation in pro-bono work; reported judgments in which the concerned Advocate(s) had appeared; the number of such judgments for the last five years. The source(s) from which information/data will be sought and collected by the Secretariat will be as decided by the Permanent Committee; V. The Secretariat will publish the proposal of designation of a particular Advocate in the official website of the concerned Court inviting the suggestions/views of other stakeholders in the proposed designation; VI. After the data-base in terms of the above is compiled and all such information as may be specifically directed by the Permanent Committee to be obtained in respect of any particular candidate is collected, the Secretariat shall put up the case before the Permanent Committee for scrutiny; VII. The Permanent Committee will examine each case in the light of the data provided by the Secretariat of the Permanent Committee; interview the concerned Advocate; and make its overall assessment on the basis of a point-based format indicated below: S.NO. Matter Points ..... X X X X Extracts X X X X X X X X Extracts X X X X
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