Advocates Act, 1961 – ss.16(2), 34(1) – High Court of Orissa (Designation of Senior Advocate) Rules, 2019 – r.6(9) – Designation of Senior Advocates – Suo motu designation of Senior Advocates by the Full Court – High Court quashed r.6(9) of the Rules whereby notwithstanding the procedure, Full Court on its own can designate an Advocate as Senior Advocate even without any proposal from Hon’ble Judges or application from the Advocate if it forms an opinion that an advocate by virtue of his/her ability or standing at the Bar deserves such designation, as ultra vires and not being in consonance with the judgment in **Indira Jaising-1 – Justification: Held: Not justified – Suo motu designations by Full Court is valid, provided such designations adhere to the constitutional principles of fairness, transparency, and objectivity – Standards for the designation of Senior Advocates must be significantly higher than those applicable to other advocates – Judgment in ***Jitender @ Kalla’s case is concurred with and reconsideration of the issue of suo motu designations not warranted – Order passed by the High Court set aside – Amended r.6(9) to remain in force until fresh rules are framed by the High Court – Designation of respondent Nos.5 to 9 as Senior Advocates held to be valid – Judicial discipline. [Paras 17, 18, 20]
Advocates Act, 1961 – s.16(2) – Designation of a Senior Advocate – Observation by this Court:
Held: Designation of a Senior Advocate is a mark of distinction granted by the Court in recognition of exceptional legal acumen and advocacy – It is not conferred as a matter of right, nor can any advocate claim it merely on basis of seniority, experience, or popularity – Designation is conferred at the discretion of the Court, upon satisfaction that the advocate possesses outstanding ability, integrity, and professional standing – Courts are not expected to grant this status arbitrarily or as a matter of favour – Process for designation must be merit-based, transparent, fair, and free from personal preferences or informal influences – Thus, the conferment of Senior Advocate status is a privilege, not an entitlement, and must be governed strictly by the principles of fairness, accountability, and institutional integrity. [Para 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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