Supreme Court has expounded that it was open to the suggestions from bar to improve the system of designating the lawyers as senior, but the final decision would always remain with the judges.
Apex Court Bench comprising of Chief Justice T S Thakur and Justice A M Khanwilkar stated that the Bar can form a committee and the court could take into account the views of the committee.
CJI Thakur observed that, “Bar should decide its recommendation. Then we have our reservation. If the bar is not satisfied with the old system.Can there be any other system? You tell us. We will take opinion of the Bar. But the ultimate decision has to be always with the judges,”.
CJI further added that the retiring High Court judges should also be considered for Senior Advocate.
Dushyant Dave, Senior Advocate and President, Supreme Court Bar Association (SCBA) president said that there are lot young advocate at the Bar, the Lordships should encourage them. Thus the Bar and Judiciary should sit together and revise the processof designating Senior Advocates.
The matter has been posted by the Bench for further hearing on October 17 as Attorney General Mukul Rohatgi, who is appointed as amicus curiae in the matter, and Petitioner Indira Jaising, Senior Advocate were not present in the court. Indira Jaisingh in her PIL had stated that the present process of designating Senior Advocates was opaque, arbitrary and fraught with nepotism.