Advocates of the Supreme Court

Advocates of the Supreme Court

Why in News?

Concerns have been raised about the quality of the newly designated Senior Advocates, with 116 advocates receiving this designation in 2024. This has led to discussions regarding the criteria and process for designating Senior Advocates in the Supreme Court (SC).

Key Points About Senior Advocates

Designation and Criteria:

• Awarded by the SC or High Courts: Senior Advocates are designated by the Supreme Court or High Courts based on their legal acumen, standing at the Bar, and special knowledge.

• Minimum Experience: They must have at least 10 years of experience at the Bar before being eligible for this designation.

Role and Functions:

• Key Legal Figures: Senior Advocates play a crucial role in the Supreme Court, especially in handling high-stakes cases such as death penalty cases, company liquidations, child custody disputes, and bail applications.

• Briefed by Advocate-on-Record (AoR): Senior Advocates argue legal propositions in court, but they cannot take direct instructions from clients. Instead, they are briefed by an Advocate-on-Record (AoR).

Restrictions on Senior Advocates:

• No Direct Client Instructions: Senior Advocates cannot directly take instructions from clients. They work in coordination with an AoR, who handles the client’s instructions.

• Limited to Specific Tasks: Senior Advocates cannot engage in tasks like drafting pleadings, drawing affidavits, or advising on evidence.

2017 Reforms:

• Following a Public Interest Litigation (PIL) filed by Indira Jaising (the first woman Senior Advocate of the Bombay High Court), the SC established objective criteria for the designation of Senior Advocates.

• The criteria introduced by these reforms aimed to make the process more transparent and inclusive, focusing on factors like judgments, academic contributions, and experience.

Advocates-on-Record (AoR):

• Only AoRs Can File Documents: Advocates-on-Record are the only advocates authorized to file documents, represent parties, and make appearances in the SC.

Other Advocates:

• Not Authorized for Filing: These advocates are listed on the State Bar Council rolls and can argue cases in the SC, but they cannot engage in formal filings, such as submitting documents or appearances.

Conclusion:

The designation of Senior Advocates is an important aspect of the Indian legal system, symbolizing the recognition of an advocate's expertise and standing in the legal community. With recent concerns over the quality of newly designated Senior Advocates, it is clear that the transparency and objectivity in the designation process are critical to ensuring that the most qualified and capable legal professionals handle complex matters in the Supreme Court. The 2017 reforms sought to address these issues by establishing clear and objective criteria for the selection of Senior Advocates