The gown and the Bench: 

The gown and the Bench: 

Context

• The Supreme Court has laid down guidelines for designating lawyers in the Supreme Court and High Courts as senior advocates

How are lawyers designated a senior lawyer?

• Applications for designation is submitted to the Designation Committee, which examine the same and give its views to the Supreme Court.
• The Designation Committee shall consist of the Attorney General for India
• Secretary, SCBA may be asked to act as the convener and in charge of records.
• The 2 eminent senior members are to be nominated by the Attorney General for India
• A basic threshold/eligibility for all applicant is required.
• It is suggested that the applicants must have Argued at least 25 cases in the Supreme Court in the last 3 years
• Normally, the applicant should have put in 18-20 years of practice.
• The Designation Committee would deliberate upon the credentials of the applicants and submit a note to the Supreme Court.
• The Supreme Court is requested to deliberate upon each candidate giving due consideration to the same.

What changed now?.

• Application will be vetted by a permanent committee known as the Committee for Designation of Senior Advocates that will publish the names of candidates on the respective courts’ websites to ensure transparency.
• Political interference in the selection of judges in the third and fourth decades of independent India resulted in the collegium system where judges select judges

What are the criticisms for the present selection process?

• The opaque system and unsatisfactory selection, transfer, and elevation of judges to the Supreme Court caused disquiet and led to the passing of the Constitution (99th Amendment) Act, 2014
• Until now, the judges of the Supreme Court and High Courts had the sole discretion of according this status to advocates.
• National Judicial Appointments Commission (NJAC) Act, 2014, which sought to give politicians and civil society a final says in the appointment of judges to the highest courts.
• Political Influence
• Political interference in the selection of judges in the third and fourth decades of independent India resulted in the collegium system where judges select judges.
• The opaque system and unsatisfactory selection, transfer, and elevation of judges to the Supreme Court caused disquiet and led to the passing of the Constitution (99th Amendment) Act, 2014
• The National Judicial Appointments Commission (NJAC) Act, 2014, which sought to give politicians and civil society a final says in the appointment of judges to the highest courts.
• Inclusion of the Law and Justice Minister in the NJAC was faulted on the ground that participation of the executive would erode the independence of the judiciary.

What is the significance of the new selection committee?

• It will consist of the Chief Justice of India, two senior-most judges of the Supreme Court/ High Courts, the Attorney General of India/ the Advocate General of State, and a member of the Bar to be nominated by the above four members.

The committee will have a permanent secretariat.

• All applications for designation of senior advocate will be submitted to the secretariat which will compile all the relevant information with regard to the reputation, conduct, integrity, participation in pro-bono work, reported judgments in which the advocate has appeared, etc. of the candidates.
• The committee will examine each candidate’s case, interview the candidate, and make its assessment based on a point-based format.
• The secretariat should not be dragged into the quagmire of investigating frivolous complaints or objections.

Conclusion

• While this institutional mechanism and selection criteria seem suited to substitute the existing collegium system, the executive and the legislature could also seriously consider introducing a new version of the NJAC which incorporates the salient features of this institutional mechanism.
• The sooner the judiciary adopts such a mechanism for judges too, the better it is for the institution