Left Menu
Development News Edition

HC stays rule requiring senior advocates' recommendation to apply for designation of 'senior'

PTI | New Delhi | Updated: 15-05-2019 21:19 IST | Created: 15-05-2019 18:52 IST
HC stays rule requiring senior advocates' recommendation to apply for designation of 'senior'

Lawyers seeking 'senior' designation will no longer need the recommendation from three senior advocates of the Bar, given they fulfil all the eligibility criteria, as the Delhi High Court Wednesday stayed the earlier rule. A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani directed the matter to be placed before a full court for reconsidering the rule mandating recommendation from a panel of three senior advocates.

The bench also asked the high court registry to issue a public notice about the stay of the rule as well as its reconsideration by the full court. The High Court of Delhi Designation of Senior Advocate Rules, 2018, notified on March 13, states that an advocate may be considered by the high court for being designated as a senior either through a suo motu action or on a joint proposal by three senior advocates.

The plea by lawyers Nandita Rao and Farrukh Rashid, filed through advocate Ruchi Singh, alleged that this prerequisite of recommendation from three senior advocates is not based on the point system and is ultra vires of the Constitution as they create a "subjective entry barrier" to the designation. Senior advocate Siddhartha Dave, who appeared for the two lawyers, said the notification restricts meritorious candidates from applying thus bypassing the objective system laid down by the Supreme Court.

"The entry barrier of three recommendations from senior advocates and the number of recommendations they can give are completely subjective and have no nexus with the rational criteria for selection of senior advocate stipulated by the Supreme Court thereby making the said rules arbitrary and in violation of Article 14 of the Constitution," the plea has said. The power vested upon the court to form an opinion on the ability of an advocate to be designated as a senior cannot be delegated to senior advocates of the same Bar without any statutory mandate for such delegation, it has said.

It has contended that such a requirement of three recommendations creates an artificial and opaque gateway to the process of getting designated thus preventing access to professional advancement for young, meritorious and aspiring lawyers. It has alleged that this requirement of getting a recommendation from seniors "creates a monopoly" and with no restrictions on recommending chamber juniors and briefing counsels, such recommendations are "subjective and promote a coterie rather than merit and excellence".

The plea has also alleged that all the senior lawyers have been "pre-booked" by lawyers applying for designation and have issued letters favouring lawyers, without consideration of merits as stipulated by the apex court.



Rethinking Rural Livelihoods in the Times of COVID-19

The reverse migration caused by COVID 19 pandemic has put an additional burden of about one crore people on Indian villages particularly in the states of Uttar Pradesh, Bihar, Bengal and Odisha. Besides increasing the risk of spreading the ...

‘Discounted Deaths’ and COVID 19: Anthropology of Death and Emotions

Death is a social event rather than the mere cessation of biological functions. As seen by anthropologists, death is not just physical but intensely social, cultural, and political....

Indigenous knowledge of communities a must for maximizing impact of community work

Generally, it has been observed that the majority of the academicians in higher education institutions neglect the wisdom of community people and throw their weight around thinking that they know everything and the community knows nothing. ...

In rebuking FBR, Pakistan’s courts take a stand for public health

The system, if implemented effectively, will allow Pakistans revenue service to combat the illicit trade in tobacco products and potentially add hundreds of millions of dollars to the states budget each year. ...


Latest News

Over 99,000 migrant workers have left for home states from Kerala: Govt

The Kerala Labour Department on Sunday said at least one lakh guest workers from other states have left the state since May 2 when operation of special trains began. The department said at least 76 trains have been operated from the state t...

COVID-19: India now seventh worst-hit country in world

India has now become the worlds seventh worst-hit country in terms of coronavirus cases with its tally of 1,82,143, according to the World Health Organizations coronavirus tracker. According to the WHO tracker, a total of 59,34,936 cases ha...

105 new COVID-19 cases in Uttarakhand

Hundred and five new COVID-19 cases were reported in Uttarakhand on Sunday, taking the total number of corona patients to 907 in the State. 105 new COVID-19 positive cases reported in Uttarakhand today, taking the total number of cases in t...

AP govt urges Railways to provide one intermediary stop for special trains

The Andhra Pradesh government on Sunday asked the Railways to provide only one intermediary stop apart from the terminal station for the special trains planned to be operated from June 1 as it would be very difficult to manage receiving of ...

Give Feedback