SC issues notice to itself in petition by sr advocate

The Supreme Court on Friday issued notice to itself in an unprecedented petition moved by senior advocate Indira Jaising challenging the secret process by which judges of the Supreme Court designate senior advocates. The petition comes at a time when the court is hearing a challenge to the National Judicial Appointments Commission (NJAC) replacing the collegium system by which judges appoint judges.

Casting cloud on how the practice of secret ballot to designate senior advocates has been mired in controversy with rumours about intense lobbying by lawyers who apply, Jaising demanded abolishment of this process. She said that as a result eligible persons either keep out and ethical lawyers who do not lobby often lose out.

The bench of Justices TS Thakur, V Gopala Gowda and R Banumathi said, “We are not averse to changing the system. But it would be better for any aggrieved person to come forward.” Soon, Jaising got support from senior members of the Bar. Senior advocates Rajiv Dhavan, Kapil Sibal told the bench that the time had come to invite suggestions and make the process transparent.

Former office bearers of the SC Bar Association also pitched in for Jaising. The court sensed a clear “disenchantment” among the Bar members as Jaising made it clear that the petition raised an important issue of administration of justice and did not intend to find fault with individual cases. Sibal pointed out that at present the designation of senior lawyers follows no guidelines or regulations. Except for some High Courts where the procedure is transparent, there are instances where lawyers become senior advocates from High Courts where they have no legal practice. 

Justice Thakur pointed out that the process of secret ballot had to be introduced as no judge was willing to openly disclose their views about the applicants. The court even issued notices to office of Attorney General, Bar Council of India, SC Bar Association and Advocates-on-Record Association for suggestions.