The meeting, held on August 13th, a day before the top court designated 39 lawyers as Senior Advocates, was aimed at revisiting the current process that has been governing this coveted title.
NEW DELHI: Today (21st Aug) Senior Advocates in India, the Solicitor General of India, Tushar Mehta, and the Supreme Court Bar Association President, Kapil Sibal, recently met with the Chief Justice of India, DY Chandrachud.
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The meeting, held on August 13th, a day before the top court designated 39 lawyers as Senior Advocates, was aimed at revisiting the current process that has been governing this coveted title.
The crux of the discussion centered around the 2017 Indira Jaising judgment, which established a five-member permanent committee headed by the CJI to oversee the shortlisting of candidates for the senior gown.
Additionally, the May 2023 judgment by Justice Sanjay Kishan Kaul, which emphasized the “secret voting” method by the full court as the exception rather than the rule, was also under scrutiny.
Solicitor General Tushar Mehta highlighted the concerns raised by the legal fraternity, stating that the current criteria, such as the requirement for publication of articles, may not be the best indicator of a lawyer’s abilities.
Mehta argued that
“brilliant arguing lawyers may not write many articles, and there is also the issue of ghost writing.”
To address these challenges, Mehta proposed a revised approach, suggesting that “identified lawyers for senior designation can be watched by judges for around a year, and then there can be a secret ballot where all the judges vote.” This, he believes, would provide a more holistic and transparent process, ensuring that deserving candidates are not overlooked.
Importantly, Mehta clarified that the meeting with the CJI was not to request the designation of any specific individual, but rather to request a comprehensive review of the senior designation process as a whole.
The SCBA President, Kapil Sibal, chose to maintain a discreet stance, stating that the meeting was confidential in nature, and he would not like to comment on it further.
The discussions between the Solicitor General, the SCBA President, and the Chief Justice of India highlight the growing need to re-evaluate the current system for designating Senior Advocates. As the legal landscape evolves, it is crucial to ensure that the process remains fair, transparent, and reflective of the true merits of the candidates.
He added,
“If I want to be designated, expecting 50 percent confidence from all judges seems too much.”
Mehta emphasized that his meeting with the CJI was not to advocate for the designation of any specific individual but to request a comprehensive review of the entire process.
“It was not about requesting the designation of A or B, but about the senior designation process as a whole,”
he clarified.
Sibal declined to comment, stating,
“These are confidential meetings, and I would prefer not to speak about them.”
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The CJI’s willingness to engage in this dialogue and consider revisiting the existing framework is a positive step towards addressing the concerns raised by the legal community. A well-designed and inclusive process for senior designations can not only recognize and celebrate the achievements of exceptional lawyers but also inspire and motivate the next generation of legal luminaries.
