Jitender @ Kalla vs State (Govt. of NCT of Delhi) 2025 INSC 667 - Senior Advocate Designation - Modified Directions

Senior Advocate Designation - Directions issued: (i) The directions contained in paragraph 73.7 of Indira Jaising-1 as amended by Indira Jaising-2 shall not be implemented; (ii) It will be appropriate if all the High Courts frame Rules in terms of what is held in this decision within a period of 4 months from today by amending or substituting the existing Rules. The Rules shall be made keeping in view the following guidelines: a. The decision to confer designation shall be of the Full Court of the High Courts or this Court; b. The applications of all candidates found to be eligible by the Permanent Secretariat along with relevant documents submitted by the applicants shall be placed before the Full House. An endeavour can always be made to arrive at consensus. However, if a consensus on designation of Advocates is not arrived at, the decision-making must be by a democratic method of voting. Whether in a given case there should be a secret ballot, is a decision which can be best left to the High Courts to take a call considering facts and circumstances of the given case; c. Minimum qualification of 10 years of practice fixed by Indira Jaising-1 needs no reconsideration; d. The practice of Advocates making applications for grant of designation can continue as the act of making application can be treated as consent of the Advocates concerned for designation. Additionally, the Full Court may consider and confer designation dehors an application in a deserving case; e. In the scheme of Section 16(2), there is no scope for individual Judges of this Court or High Courts to recommend candidate for designation; and f. At least one exercise of designation should be undertaken every calendar year. (iii) The processes already initiated on the basis of decisions of this Court in the case of Indira Jaising-1 and Indira Jaising-2 shall continue to be governed by the said decisions. However, new process shall not be initiated and new applications shall not be considered unless there is a proper regime of Rules framed by the High Courts; (iv) It is obvious that even this Court will have to undertake the exercise of amending the Rules/Guidelines in the light of this decision; and (v) Every endeavour shall be made to improve the regime/system of designation by periodically reviewing the same by this Court and the respective High Courts. (Para 87)

Advocates Act 1961 - Section 16 -An Act of making application will amount to consent of the Advocate for being considered for designation. Act of making such applications may not necessarily amount to soliciting the designation. The practice of allowing applications to be made has practical advantages. The educational qualifications, experience in law, field of practice, income, pro bono work, work of mentoring juniors, articles and books, writing publications, etc., are relevant in the process of designation. Instead of the Court’s Registry calling for these details, it becomes more convenient if the Advocates furnish the details along with their applications -A deserving Advocate who does not apply can be always be designated after obtaining his consent. (Para 77)