SENIOR ADVOCATE DESIGNATION : AN HONOUR WHICH HAS TO BE BESTOWED UPON NOT APPLIED FOR. 

Almost in every High Court the system of designation as a senior Advocate requires the filing of an application by the lawyer concerned which is then circulated among the judges for their opinion.

Judges have to either say a yes or a no. A few no's would mean the rejection of the application.

What a humiliating procedure. Being designated as a senior is supposed to be an honour and nobody ever applies for being conferred an honour.

In 1960's there was no procedure for making applications for being designated seniors.The concept of designation of distinguished lawyers as Senior Advocates was introduced by the Advocates Act of 1961.

The procedure adopted by Allahabad High Court then was just to take the consent of the lawyer whom they considered fit for this honour and proceed to designate him as such.

This is the system which is followed by the Supreme Court today. Had the Allahabad High Court been following todays system of inviting applications, I would not have been a senior even today, as I would have considered it beneath my dignity to make an application. Perhaps the High Courts would be well advised to change their rules and adopt the system followed by the Supreme Court.

The correct system would be for any individual judge to initiate the process by making a suggestion to the CJ. And the views of all judges could be invited. If the decision was in favour of designation the consent of the lawyer could be taken.

SHANTI BHUSHAN

FORMER UNION LAW MINISTER, SENIOR ADVOCATE
SUPREME COURT OF INDIA