Constitutes a permanent panel led by CJI to gather information on prospective candidates
A permanent committee led by the Chief Justice of India will accord senior designation to lawyers based on certain guidelines, the Supreme Court ruled on Thursday. Justice Ranjan Gogoi, heading a three-judge bench, said besides the CJI, the committee would also include a senior apex court judge or a high court judge.
The bench, which also comprised Justices R F Nariman and Navin Sinha, proposed setting up of a permanent secretariat which would collate information on prospective candidates. Besides the CJI and senior judges, the committee would also include a representative from the bar. The committee would include the Attorney General to decide on senior advocates in the top court while the Advocate General would be consulted regarding High Court appointments.
Number of years in practice, number of judgments the lawyer has been part of, pro bono work done by the lawyer along with a test of his personality would be criteria for eligibility. The lawyer-candidate will have to give an interview before a final decision is taken.
The court, however, did away with the income criterion, saying, “…we do not see why we should insist on any minimum income as a condition of eligibility. The income generated by a lawyer would depend on the field of his practice and it is possible that a lawyer doing pro bono work or one who specialises in a particular field may generate a lower return of income... Insistence on any particular income, therefore, may be a self-defeating exercise.”
On minimum age, the SC said: “Insofar as age is concerned, we are inclined to take the view that instead of having a minimum age with a provision of relaxation in an appropriate case, it would be better to go by the norm of 10 years practice at the Bar, which is also what is prescribed by Article 217 of the Constitution...”
The bench also clarified that names of candidates would be posted online to invite suggestions from various stakeholders. Finally, the names up for consideration and approved by the permanent committee will be put before the full court (involving SC/HC judges as the case may be) which will then decide to accord the designation unanimously or through majority in a secret ballot.
The court’s decision was taken on the heels of a petition filed by senior advocate Indira Jaising.
SYSTEM OVERHAUL
- Besides CJI & senior judges, committee would include a representative from the bar
- Panel would include Attorney General to decide on senior advocates in SC
- Advocate general would be consulted for HC appointments
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