Supreme Court Orders Fresh Assessment for Senior Advocate Designations at Delhi High Court

In a significant move to uphold transparency and fairness in the legal profession, the Supreme Court of India has directed the Delhi High Court to conduct a fresh assessment of applications for the designation of senior advocates. This decision comes in light of procedural irregularities identified in the previous selection process.

Background of the Controversy

In November 2024, the Delhi High Court designated 70 lawyers as senior advocates out of over 300 applicants. However, the process faced criticism when Senior Advocate Sudhir Nandrajog, a member of the Permanent Committee responsible for the designations, resigned. He alleged that the final list was published without considering the marks he had awarded to candidates, raising concerns about the integrity of the selection process.聽

Supreme Court's Intervention

Responding to petitions challenging the November 2024 designations, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan reviewed affidavits and reports related to the selection process. The Court found merit in the allegations of procedural lapses and directed the Delhi High Court to reassess the applications of candidates whose designations were deferred or rejected, in accordance with the Delhi High Court (Designation of Senior Advocates) Rules, 2024.聽

Reconstitution of the Permanent Committee

To ensure a fair reassessment, the Supreme Court ordered the reconstitution of the Permanent Committee. The new committee will comprise the Chief Justice of the Delhi High Court, two senior-most judges, nominees from the Delhi government, a law officer from the Union government, and the President of the Delhi High Court Bar Association. The Court emphasized the need for the Delhi government to nominate its representative within a week of receiving the request.聽

Abolishment of the Point-Based Evaluation System

In a broader context, the Supreme Court has recently overhauled the criteria for senior advocate designations across all High Courts. The Court discarded the point-based evaluation system introduced following the Indira Jaising case in 2017, citing concerns over its effectiveness and transparency. The new guidelines mandate that the Full Court of each High Court will make designation decisions, with the Permanent Secretariat responsible for processing applications and compiling relevant data.

Implications for the Legal Community

This development underscores the judiciary's commitment to maintaining integrity and fairness in the legal profession. By addressing procedural shortcomings and revising the evaluation framework, the Supreme Court aims to ensure that the designation of senior advocates is based on merit and conducted transparently.

The reassessment process is expected to be completed expeditiously, with the final list of designated senior advocates to be published after thorough evaluation by the reconstituted committee. This move sets a precedent for other High Courts to review and refine their designation processes, aligning with the overarching goal of judicial reform and accountability.