Solicitor General Tushar Mehta, during a hearing before the Supreme Court on 18/11/2024, suggested that the process of conferring senior advocate designations under Section 16 of the Advocates Act, 1961, requires a re-evaluation.

This observation was made before a bench comprising Justice Abhay S. Oka and Justice Augustine George Masih. The case brought attention to repeated false statements in remission pleas submitted by Senior Advocate Rishi Malhotra.

The Solicitor General emphasised that while the 2017 Supreme Court judgement in Indira Jaising v. Supreme Court of India established a framework for Senior Advocate designation through an objective, point-based system and oversight by a Permanent Committee, the procedure requires further refinement.

He also referred to the 2023 Supreme Court judgement in Amar Vivek Aggarwal And Ors. v. HC of P&H And Ors. WP(C) No. 687/2021, which fine-tuned the 2017 guidelines by focusing on merit-based evaluations, gender diversity, and criteria such as publication points and interviews. However, the 2023 judgement had rejected the Union of India’s plea to completely reopen the 2017 framework, questioning the Union's role in the designation process.

During the hearing, Solicitor General Mehta reiterated that any reconsideration should avoid targeting individual cases, advocating instead for a broader review of the procedural framework. He noted that previous reform attempts by the Union of India were unsuccessful. Responding to this submission, the Court acknowledged the need to consider the systemic issues and scheduled further discussions for 6/12/2024. It stated:

"Without delving into individual cases, the Solicitor General has highlighted the need for a relook at the procedure for designating Senior Advocates under Section 16 of the Advocates Act, 1961. We will consider this issue on the next date."

The matter is now listed on 26/11/2024 (Computer Generated) for consideration.

Case Details: Jitender @ Kalla v. State (Govt.) of NCT of Delhi & Anr., Petition for Special Leave to Appeal (Crl.) No. 4299/2024

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