What qualifications are required to get the status of Senior Advocate? – Know the complete process.
The Supreme Court of India has amended the procedure for nomination of Senior Advocates in the case of Indira Jaising vs Supreme Court of India & Ors. The new system ensures fairness, transparency, and objectivity.
Know the eligibility and procedure required to get the status of a senior advocate. Know what are the things to keep in mind to become a senior advocate in India.
Qualification and Eligibility.
According to section 16 of the Advocates Act, 1961, an advocate may be recognised by the High Court or the Supreme Court as having been disqualified from his legal capacity.He may be designated as a Senior Advocate depending upon his standing at the Bar and special knowledge or experience in law.
Final Decision by the Full Court.
The list of candidates shortlisted by the Selection Committee is placed before the Full Court. The Full Court consists of all the judges of the Supreme Court.Who take the final decision through secret voting. If a candidate gets the majority then he is given the status of senior advocate.
New procedure for granting status of Senior Advocate.
Marks-based evaluation system.
- In this system, candidates are given a total score of 100 marks. This score is determined based on various parameters.The highest weightage has been given to Professional Competence, for which up to 40 marks are given. 25 marks are given for Integrity and Reputation, while 15 marks are set for legal publications and scholarly contributions.
- Public service and pro bono work carry 10 points. The remaining 10 marks are awarded for advocacy in specialized areas (e.g., constitutional law or public interest litigation).
They always have to work with a Junior Advocate or Advocate-on-Record.
Limits applicable to Senior Advocates.
- They cannot file Vakalatnama nor can they represent clients directly.
- It is mandatory for them to appear in the court with an Advocate-on-Record or a Junior Advocate.
- They cannot draft petitions or documents, but can finalise the documents in consultation with junior advocates.
- They cannot obtain case information or instructions directly from a customer.
- These limitations ensure that the senior advocate focuses only on complex legal arguments and strategies and guides the junior advocates.
Variations in the High Court.
To apply in Calcutta High Court, the candidate must be at least 40 years of age and have 15 years of legal experience.
In Tripura High Court, this age limit is fixed at 45 years. Some High Courts also ensure that the candidates are residents of the same state and their annual income is above a certain limit.
This reform in the process of enrolment of Senior Advocates by the Supreme Court puts an end to the old arbitrary processes.
This new framework not only brings the Indian judicial system in line with global standards but also strengthens public confidence in the legal sector.
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