Daily News Analysis

Advocates of the Supreme Court

stylish_lining

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


 

India-UK Vision 2035

The Indian Prime Minister's visit to London was indeed a significant diplomatic milestone, as it unveiled the India–UK Vision 2035 roadmap and formalized the Comprehensive Economic and T
Share It

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a critical piece of legislation designed to protect the rights and dignity of Scheduled Castes (SCs) and Scheduled
Share It

Financial Inclusion Index

The Financial Inclusion Index (FI-Index), as reported by the Reserve Bank of India (RBI), is a key metric that measures the level of financial inclusion across the country. Overview of the Fin
Share It

International Seabed Authority

The International Seabed Authority (ISA) is currently in the midst of negotiations regarding the extraction of metals from the high seas, particularly as U.S. efforts to fast-track this practice h
Share It

Election of Vice-President of India

Article 64 of the Constitution of India specifies that the Vice-President's post cannot remain vacant for any period of time, as it is essential for the functioning of the Rajya Sabha (Council
Share It

Maharashtra Scraps Hindi as Compulsory Third Language

The Maharashtra government recently scrapped its Government Resolutions (GRs) that mandated Hindi as a compulsory third language from Grades 1 to 5 in Marathi and English medium schools. While the
Share It

River Pollution in India

The Delhi government's focus on cleaning up the Yamuna River is part of a larger national effort to rejuvenate the Ganga River and its tributaries, in alignment with the Namami Gange Programme
Share It

Infrastructure Failures

The recent collapse of the Mahisagar River Bridge in Vadodara, which tragically claimed the lives of 20 people, underscores the growing concern over India's infrastructure quality. Similar
Share It

Special Intensive Revision (SIR)

The Supreme Court (SC) is currently reviewing the Election Commission of India’s (ECI) process for the Special Intensive Revision (SIR) of electoral rolls in Bihar, suggesting that Aadhaar,
Share It

GM Crop

In ongoing trade talks, the United States is advocating for India to open its agriculture market to genetically modified (GM) crops. However, India has firmly rejected this proposal, citing concer
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS