Supreme CourtDivision Bench

Indira Jaising vs Supreme Court of India Through Secretary General

Supreme Court Of India · Decided on 22 March 2017 · Citation: (2017) 4 Scale 108

HON’BLE JUDGES
Ranjan Gogoi, J · Navin Sinha, J
ACTS & SECTIONS REFERRED
Advocates Act, 1961 — Section 16(2)
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No(S). 454 Of 2015 with T.C.(C) NO. 1 of 2017
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Judgment

5 paragraphs · 246 words
1.

In some of the cases listed before us, the constitutional validity of Section 16(2) of the Advocates Act, 1961 is under challenge whereas in Writ Petition (Civil) No.454 of 2015 this Court has been called upon to frame guidelines for designation of practicing Advocates as designated Senior Advocate(s) in the Supreme Court.

2.

Having regard to the issues arising in the present group of cases we are of the view that the decision of this Court on the said issues may have effect on the process and procedure of designation of Senior Advocate(s) by the High Courts in the country, apart from the Supreme Court of India. We are, therefore, of the tentative view that it is necessary to hear other stake holders. Furthermore, it is also necessary to know the precise guidelines that are in force in different High Courts for designation of Senior Advocates.

3.

The issue being of vital importance, we are of the view that the matter should be heard by a larger bench. We, therefore, request the Registry of this Court to lay the papers of this case before the Hon''ble the Chief Justice of India forthwith for constitution of a larger bench of such strength that the Hon''ble the Chief Justice of India may consider it appropriate.

4.

Registry to act accordingly.

5.

So far as the designation during the interregnum is concerned, we leave the matter to the discretion of the High Court(s) as well as this Court.