Not stopped SC, HCs from designating lawyers as senior: SC

The Supreme Court today said it has not "stopped" itself or any of the high courts from designating lawyers as senior advocates, an issue which has been marred by controversy in the recent past.
A bench comprising Justices Ranjan Gogoi and Navin Sinha said it was only dealing with the application seeking a stay on the practice of designating lawyers as seniors till a norm was evolved for it, as other issues related to the matter would be dealt with by a larger bench as ordered earlier.
"We have not stopped them (high courts and apex court). If high courts want to designate lawyers as senior advocates, they can go ahead. If the Supreme Court want to designate lawyers as seniors, they can do it," the bench said.

The designation of lawyers as senior advocates had come under criticism as a section of lawyers had complained that many deserving candidates were ignored.
Senior advocate Indira Jaising, the petitioner in the case, today told the court that guidelines should be evolved for designating lawyers as senior advocates as the affidavit filed by the secretary general of apex court says that the Supreme Court has no rules on this issue.
Regarding the prayer made in the application for a stay on the practice of designating lawyers as seniors till a norm is evolved, the apex court said "we do not consider it necessary to entertain the said prayer at this stage and pass any order beyond what has been observed in our order dated March 22".

In its March 22 order, the bench had said, "So far as the designation during the interregnum is concerned, we leave the matter to the discretion of the High Courts as well as this Court".

The bench today directed the apex court registry to list the cases for final disposal before the appropriate larger bench on July 20.
The apex court had on March 31 sought response of the Supreme Court Bar Association and the Bar Council of India on the plea.
Jaising had earlier said that the "view of the full bench" of the court should be known while designating an advocate as senior.

A batch of petitions have been filed for framing guidelines to designate lawyers as seniors by the apex court and the high courts.
Jaising, who has filed the plea in her personal capacity, had earlier sought an early hearing on the petition saying the issue of according the designation was stalled and it will have wide ramifications across the country.
The top court had set up a three-judge bench to hear the pleas for framing guidelines in the matter.
Jaising had sought transparency and overhaul of the "opaque system" of designating lawyers as senior advocates and said the apex court should deal it on "judicial side" and frame uniform guidelines on the issue.

The court had also tagged with her plea in a petition, pending in the Delhi High Court challenging the provisions of the Advocates Act on designating lawyers as seniors.
The petition in the high court had challenged the constitutional validity of the sections 16 and 23 (5) of the Advocates Act, 1961 which provide the statutory basis for designating lawyers as senior advocates.