Matter relating to transparency in designation of senior advocates to be finally heard in February, 2017

Supreme Court: In the matter where the transparency in the process of designation of senior advocates was sought, the Court directed the matter to be listed in the month of February, 2017 for final hearing along with another related matter filed before the Delhi High Court.

A Writ Petition (C) No.6331 of 2016 titled National Lawyers’ Campaign for Judicial Transparency and Reforms & Anr. Vs. Bar Council of India was filed before the Delhi High Court challenging the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961 which provide the statutory basis for designation of lawyers as senior advocates. Hence, the Court said that if the source of power for such designation is itself under challenge it would be more appropriate to hear the matters together by transferring the petition pending in the High Court to this Court.

The 3-judge bench of T.S. Thakur, CJ and Dr. D.Y. Chandrachud and L. Nageswar Rao, JJ said that the issues touching designation of lawyers as per the prevalent procedure appears to be causing considerable dissatisfaction among a section of the bar which fact is evident from the large number of interventions made in these proceedings and an equally large number of solutions proposed at the bar for improvement of the system. [Indira Jaising v. Supreme Court of India, 2017 SCC OnLine SC 3, order dated 02.01.2017]

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