Delhi HC stays joint proposal rule for ‘Senior Advocate’ Application

Source:- indialegallive.com

The Delhi High Court has stayed the operation of Rule 7 of the High Court of Delhi Designation of Senior Advocate Rules, 2018 which pre-requisites a joint proposal by three senior advocates for a lawyer to apply for a senior designation.

As per the High Court of Delhi Designation of Senior Advocate Rules, 2018, an advocate can be considered for a senior advocate designation on two conditions: 1) by the High Court suo motu; or (2) by a joint proposal by three senior advocates, each having 5 years of standing experience.

The petitioners pleaded that this rule is against the criteria for senior designation as laid down by SC in Indira Jaising case and leaves scope for arbitrary discretion and would thus be in violation of Articles 14, 15, 16 and 21 of the Constitution.

The bench comprising Chief Justice Rajendra Menon and Justice Anup J Bhambhani stayed the operation. Justice Menon observed: “Why should there be anything which would influence the decision of the Court? The objective satisfaction is that of the Court, not Senior Advocates.

The High Court had defended this rule by stating that it acts as a “screening process” in judging a candidate’s standing at the Bar and social knowledge.

With the approaching May 25 deadline for application, Court has allowed the advocates to forward their application even without recommendation from three Senior Advocates.