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Bombay Presidency - Section

Section 5 in Bombay High Court (Designation of Senior Advocates) Rules, 2018

5. Procedure for designation of Senior Advocates. - (a) Every proposal/application for designation as a Senior Advocate shall be submitted in the month of June and December of each year.

(b)Every proposal / recommendation for designation as a Senior Advocate shall be in the Form I appended to these rules.
(c)Every such proposal shall be accompanied by an application in Form II appended to these rules.
(d)No Senior Advocate shall propose the names of more than two advocates for designation in one calendar year.
(e)Every advocate preferring an application for designation as a Senior Advocate, shall submit his application as per Form II, endorsed by two designated Senior Advocates as per Form I appended to these rules.
(f)Along with the proposal and application the Advocate shall append his certificate that he has not applied to any other High Court for being designated as a Senior Advocate and that his application has not been rejected by the High Court within a period of two years prior to the date of the proposal or application.
(g)All proposals and applications for designation of an advocate as a Senior Advocate shall be submitted to the Permanent Secretariat, which shall scrutinize the proposals and applications received as per directions and guidelines of the Permanent Committee.
(h)The Permanent Secretariat on scrutiny of the proposals so received will intimate the concerned Advocate of any irregularity, who shall remove the same within 15 days from the receipt of such intimation.
(i)On receipt of all applications/ proposals/ recommendations the Permanent Secretariat shall compile the relevant data and information with regard to the reputation, conduct, integrity of the Advocate(s) concerned including his/her participation in pro-bono work if any; reported judgments of cases in which he/she has appeared; the number of such judgments for the last five years; and such other information as the Permanent Committee may think necessary. This data will be gathered by the Permanent Secretariat from such source or sources as the Permanent Committee may direct, and is not restricted to data submitted by the advocate-candidate.
(j)The Permanent Secretariat shall publish the proposal of designation of the Advocate on the official website of the Bombay High Court, inviting suggestions and views of the members of the Bar and other stakeholders within 30 days from the date of such publication.
(k)The suggestions/views shall be in writing and shall bear the name and full address of the sender and shall be addressed to the Permanent Secretariat of the High Court. Anonymous petitions/ representations/views shall not be entertained. The suggestions/ views shall be submitted only in physical form in writing and submission of such views/suggestions by any other mode shall not be entertained.
(l)On completion of above procedure, the Permanent Secretariat shall prepare and submit a report to the Permanent Committee regarding every proposal/application for designation. The Permanent Secretariat shall endeavour to prepare such report within 90 days of the last date for receipt of views/ suggestions.
(m)The Permanent Committee will examine each proposal /application for designation of Senior Advocate in the light of data provided by the Secretariat of the Permanent Committee and the suggestions/views of the members of the Bar and other stakeholders.
(n)The Permanent Committee shall interact with the Advocate concerned to make an overall assessment. The Permanent Committee will make its overall assessment on the basis of a point-based format indicated below : -
Sr. No. Matter Points
(1) (2) (3)
1. Number of years of practice of the ApplicantAdvocate from the date of enrollment.[10 points for 10-20 yearsof practice ; 20 points for practice beyond 20 years] . . 20 Points
2. Judgments (reported and unreported) whichindicate the legal formulations advanced by the Advocateconcerned in the course of the proceedings of the case; pro bonowork done by the Advocate concerned; domain expertise of theapplicant advocate in various branches of law, such asConstitutional Law, Inter-State Water Disputes, Criminal Law,Arbitration law, Corporate law, Family law, Human Rights, PublicInterest Litigation, International law, law relating to women,etc. . . 40 Points
3. Publications by the Advocate. . . 15 Points
4. Test of personality & suitability on thebasis of interaction. . . 25 Point
(o)If the Permanent Committee defers any proposal/application for designation as a Senior Advocate, such proposal/application shall not be considered until the expiry of one year from the date of deferment.
(p)After completing the assessment the Permanent Committee shall place the proposals/ recommendations/ applications for designation, before the Full Court for consideration, along with its recommendations.
(i)The Full Court will have due regard to the recommendations of the Permanent Committee.
(ii)At any Full Court meeting, a Judge may abstain from participating in the proceedings with respect to any proposal.
(iii)In the Full Court meeting convened for this purpose, voting by secret ballot will not normally be resorted to by the Full Court except when so unavoidable. In the event of a secret ballot, the decisions will be by majority of the Judges present and actually voting.
(q)A proposal/application not approved by the Full Court may be reviewed/reconsidered only after the expiry of two years from the date on which proposal/ application was not accepted by the Full Court and then only on receipt of a fresh proposal/application for designation of Senior Advocate.
(r)The name of candidates who have been accepted for designation by the Full Court shall be designated as Senior Advocates.
(s)The final decision of the Full Court will be communicated to each candidate individually.